Judge parties with restaurant over Los Angeles outdoor dining ban: reports


A California judge issued a ruling Tuesday stating that Los Angeles County behaved “arbitrarily” and, according to the report, banned outdoor meals late last month without justifying it.

“The Restaurant Rent Closure Order is an abuse of the department’s emergency powers, it is not based on science, evidence or logic and should be decided to be enforceable in terms of law,” said Judge James C. of Los Angeles Superior Court. Chelfant wrote. A temporary verdict, according to Politico.

The ruling was hailed as a symbolic victory for restaurants and public health officials in Los Angeles County in hopes of curbing the recent COVID-19 crackdown. Chalfente noted that due to the state’s overproductive regional stay-and-order in the Christmas holiday atmosphere, “the outdoor restaurant dining in the county will not be able to reopen at this time.”

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On Monday, December 7, 2020, a man in Los Angeles looks at his phone next to a taped stool to stop him from sitting on it.  (AP Photo / J. C. C. Hong, file)

On Monday, December 7, 2020, a man in Los Angeles looks at his phone next to a taped stool to prevent people from sitting on it. (AP Photo / J. C. C. Hong, file)

County officials said they “strongly” disagreed with the judge’s provisional order, which was finalized after an afternoon hearing. According to Los Angeles Fox 11, the county’s attorney, Amon Siegel, argued during the meeting that Chalfant’s request for an economic analysis was not required by law and that “borderline is an impossible task,” according to Los Angeles Fox 11.

He also noted the problems associated with secondary transmission of the virus and the risks associated with uncontrolled community transmission. The judge said the county’s argument was inconsistent with the evidence, adding that it had failed to justify its decision to shut down the outdoor dining or conduct a risk-benefit analysis of the ban, the report said.

In his judgment, Chalfant wrote that the leaked data provided to the court showed that bar and rest restaurant rent-related cases accounted for only 1% of non-residential outbreaks and “most were chain / fast food type restaurants”. The paper states that employees are mostly involved instead of customers.

Chelfente added that LA County will consider “the financial costs of closing 30,000 restaurants, the impact on rest restaurant rent owners and their employees, and the mental and emotional costs of the epidemic in the public.”

The ruling was issued following a legal challenge from the California Restaurant Association. On Tuesday, CEO Jot K Condi argued that California public health officials were closing restaurants without significant scientific evidence.

“For nine months now we have heard from our public health officials whether this is on the basis of a shutdown order or they are guided by evidence and science, and we have the LA health department that has essentially targeted the restaurant industry as we know when the evidence is proven otherwise. The causes of recent outbreaks in epidemics are responsible.

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LA County Public Health Director Barbara Ferrer, named in the lawsuit, said Monday that there was data on mask-less people in restaurants, “you see it is crystal clear at every level.”

“I don’t think there’s a discussion where people are in close proximity to people who aren’t in their homes, don’t wear masks and talk, sing, share to pass the time – risk of transition. More, Ferrer said by deadline.

The order to suspend all private meals at restaurants, bars, breweries and wineries came into effect on November 25. L.A. The protests led to a 3-2 vote in favor of the ban on Nov. 24 by the county board of supervisors. In recent days – and the impact on businesses – as the number of virus cases continues to rise.

The Los Angeles County Department of Public Health reported 8,547 new cases of COVID-19 and 64 new deaths Tuesday. At least 3,113 people in the county are currently hospitalized with COVID-19.

As of Tuesday evening, California – the nation’s most populous state – had more than 20,000 U.S. coronavirus deaths. Ranked third among states – just behind New York and Texas.

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The LA County Individual Eating Restriction will remain in effect for three weeks.

Joshua Q of Fox News. Nelson and Dom Kichiyo contributed to this report