LOS ANGELES – The California Restaurant Association sued Los Angeles County Tuesday in an effort to overturn the county’s plan to end in-person dining due to the recent surge in COVID-19 cases, but a judge declined to immediately intervene.
“The recent order with no stated scientific basis from L.A. County singles out a specific industry and could jeopardize thousands of jobs,” Jot Condie, president/CEO of the California Restaurant Association, said in a statement announcing the legal challenge. “There are thousands of restaurants and many thousands more employees who could be out on the street right before the holiday season.”
The county restriction ending in-person dining for three weeks is scheduled to take effect at 10 p.m Wednesday, Nov. 24. Attorneys for the Restaurant Association asked a judge Tuesday morning for a restraining order preventing the ban from taking effect, but the request was rejected. The lawsuit, however, will proceed.
Association attorney Dennis Ellis told reporters he was disappointed in the ruling, but said the organization hasn’t seen any evidence that outdoor dining — which was already restricted to half of overall capacity last week — has fueled the coronavirus surge.
“We have not been able to see what the county has to support the notion that outdoor dining at 50% capacity, consistent with what the governor has authorized in his blueprint, is inappropriate and needs to be shut down,” Ellis said.
The ban was announced Sunday night when the county’s five-day average of daily new cases topped the threshold of 4,000.
The threshold was established by the county last week, along with a more restrictive tier that would trigger a new stay-at-home order if the daily five-day case average topped 4,500. The county reached that threshold Monday, Nov. 23.
The Los Angeles County Board of Supervisors is set to discuss the new restrictions at its meeting Tuesday. On Monday, Supervisor Kathryn Barger said she would speak out against the ban on in-person dining, saying it would threaten hundreds of thousands of jobs. She also questioned whether restaurants are the major source of the county’s current virus surge, which has been blamed more on private gatherings.
Supervisor Sheila Kuehl, however, defended the ban and noted that all five supervisors agreed to it a week ago.
“Outdoor dining is probably more dangerous in terms of contagion than any other kind of business,” Kuehl said. She said diners at restaurants “sit for hours with no masks on” and are in close proximity to servers and patrons walking by.
UPDATE: The county Board of Supervisors upheld the new restrictions at its meeting Tuesday. Board members Kathryn Barger and Janice Hahn asked that outdoor dining be allowed to continue, arguing the ban is too punitive to restaurants in response to a surge that has been largely blamed on private gatherings rather than outdoor dining. But the other three board members disagreed, and voted to allow the ban to take effect as scheduled.
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Be prudent says
Relatively poor ventilation, proximity, duration and inability to use masks make in-person dining and drinking more dangerous than most other activities such as grocery shopping. While outdoor activities are safer than indoor equivalents because of “possible” improvements in ventilation – the common denominator is inability to use masks while eating/drinking. Studies have shown a correlation between in-person dining and infections.
Those who partake prolong this plague and increase the risk for everyone. Support your favorite restaurants by ordering their carry-out.
The Dude Abides says
Be Prudent….it is not as simple as wearing a mask. We have tried that. It’s been 8 months (approx) since the first Stay At Home Orders were issued. We have been masked up. We have eaten outdoors. We have closed malls. We have set curfews and what have we accomplished? NOTHING other than putting people out of work and bankrupting businesses. If we continue on this path, there won’t be businesses to go back to for people to work at. Let’s face it, no one in power has any idea of how to stop this virus until there is a vaccine. We have compromised everyone’s immunity and pushed people into severe mental health situations with all of this isolation. Children aren’t learning, aren’t socializing and are suffering. LA County is the only County to have gone this extreme. Even the State’s guidelines aren’t that strict. It’s no wonder LA County has become such the mess that it is.
Loam says
“More dangerous”? Where is your evidence? Cite your study on in-person dining and infections, and make sure it is talking about outdoor dining.
Driving in a car is “more dangerous” than walking, but we still let people drive. Maybe we should ban people from driving after 10 pm since sleepiness and alcohol use increases the danger of impaired driving at that time.
The problem is that the government has taken powers based on a self-given mandate to control the “risk to everyone”. That excuse of risk is unsupported and has no basis in direct science (beyond “no mask bad”) so this is nothing but a pure authority grab to protect the people from themselves.
The Dude Abides says
If you are worried about getting COVID from going to a restaurant to eat, it’s simple…..Don’t go! Why punish all of the rest of us from doing so. This is totally unfair to the Restaurant Industry and all of those who work in it. Let’s close down the restaurants but leave Walmart, Target and those stores open. I am sure no one gets sick by going to Walmart lol. Seems like a totally safe and un risky thing to do on so many different levels.
Matt says
Soooo…..The Dude, does not want to abide then???
Dave says
We simply can’t trust people who listen to Trump, don’t want to wear masks to be responsible and probably they don’t wash their hands either.
Did you not notice that the Trump White House and it’s cronies had over 50 people infected including his family?
That’s what it looks like when you give Trumpers their “rights”. We have to protect others from them.
The Dude Abides says
Yet you support people like Newsome and Pelosi, who ignore their own Mandates to get their hair done, attend private parties indoors (without masks) and fly off to Hawaii for “Conferences”. That makes a lot of sense. Your argument would carry more weight if you just simply said let’s hold all politicians accountable. What is good for them, should be good for all of us.
Footsteps says
Well, since none of the politicians lead by example, I will. I will wear my mask in all places humans are congregating. Even when I’m pretty sure so one is photographing me, I will still wear my mask. I will submit to the laws of the city, county, state even when the politicians don’t. I care about the welfare and health of other humans, remembering this isn’t just about me.
Magnetlady says
Dude Abides is 100% right. What is happening when all these ”businesses” shut down is the County is creating an ‘UNDERGROUND ECONOMY”… IF people practice good hygenics, there should be no problem.. Eating OUTDOORS is now not allowed! Doesn’t that apply to Thanksgiving dinner at our homes too??? WHY? When the weather was hot I saw people eating outdoors & now as the weather cools, they’re eating outdoors in the fresh air. In the meantime, our Economy is suffering. Children are being held ”HOSTAGE” to the Virus that even the CDC says is the ”safest place to be, in school”. IMHO, LOCK-DOWNS don’t work, they’re creating more damage than the Virus.. People losing their jobs, no income, children not learning, businesses going ”Out Of Business” & of course people LEAVING CA for lower taxes & living their lives better than under the ”Rule Of Gavin”… The poiticians are ”Power Drunk” & are violating our ”1st Amendment Rights”, especially the Churches.. Restaurants have spent money to be ”compliant” with the CDC guidelines, now they’re limite again by shutting down ”indoor & outdoor” dining. The more ”FREEDOMS” you are willing to give up, the more the Politicians will take!! The Politicians have NEVER missed a paycheck!! Happy Thanksgiving!!!!!