A California judge cleared the way Thursday for all restaurants in San Diego County to resume on-site dining, marking a major, if temporary, setback to the governor's stay-at-home order to slow the spread of the coronavirus before the state's intensive care units run out of beds. Gavin Newsom immediately appealed, bringing uncertainty to restaurant owners weighing whether to buy food and schedule staff a week before Christmas amid the possibility that their victory could soon be reversed. County officials requested the hearing to clarify its scope. The county board of supervisors was scheduled to meet Friday in closed session to discuss next steps. The board voted last week to appeal any adverse ruling on the strip clubs but that decision didn't cover restaurants, rending it moot.
Here Are the Strippers Who Saved San Diego Restaurants From Gavin Newsom's Lockdown Orders
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The decision by the Fourth District Court of Appeals, District One, freezes an earlier ruling, forcing restaurants to again only offer takeout and delivery service, per California's recent health order. Any opposition to the state's filing must be submitted by noon Wednesday. Lawyers for the state argued against the Superior Court ruling, saying it was overreach since no restaurants were parties in the suit filed by two strip club operators. County Supervisor Jim Desmond said in a statement the decision one day after some restaurants reopened was "tragic.
PACERS Gentleman’s Club San Diego
Strip Club Injunction. Restaurants are allowed to offer only takeout food, with no indoor or outdoor dining allowed. The judge said there was no compelling evidence that allowing restaurants to operate, with health and safety restrictions, adds to the risk of spreading COVID While he said he was empathetic to county leaders put in position to enforce state health orders or risk losing government funding, he also said the businesses were vital.
The case brought by two San Diego strip clubs handed the biggest victory yet to California businesses fighting public health orders that they say have crippled them economically. Gruber said business shot up percent Thursday as diners returned to his mobster-themed eatery in the beach community of Carlsbad, compared to the previous week when his restaurant was restricted to takeout and delivery services. Other restaurant owners were still weighing whether to buy food and schedule staff amid the possibility that the victory could soon be reversed. Some establishments were still opting to not offer on-site dining amid a record number of coronavirus cases, figuring the financial and health risks were not worth it.