Appeals court issues stay, halting judge's order reopening San Diego County restaurants [View all]
Lawyers for the state asked a San Diego appeals court Friday for a stay of a Superior Court judge’s ruling that allowed restaurant and live entertainment venues in the county to reopen, citing “critical public health issues at stake” during the surging COVID-19 pandemic.
Just before 5 p.m. the 4th District Court of Appeal in San Diego issued the stay. That means restaurants must, again, shut down.
The filing by lawyers for Attorney General Xavier Becerra argues the order from Judge Joel Wohlfeil issued Wednesday was an overreaching of his authority, and imperils the health of county residents because it undercuts public health orders aimed at mitigating the spread of the disease.
Wohlfeil’s ruling, which went into effect immediately on Wednesday, came in a lawsuit filed by owners of two San Diego strip clubs who challenged the orders largely shuttering their businesses. But the judge took the step of not only siding with the clubs and prohibiting the state from enforcing the restrictions, but applying that order to all restaurants in the county — even though no restaurants were involved in the lawsuit.
https://www.sandiegouniontribune.com/news/courts/story/2020-12-18/state-attorney-general-seeks-immediate-halt-to-san-diego-judges-order-reopening-restaurants
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