The Dominoes are falling…
Another loss for Newsom as San Diego restaurants can now open. "Given every opportunity, the State has provided the Court with no evidence" to justify the closures, the Judge ruled.
— Kevin Kiley (@KevinKileyCA) December 17, 2020
San Diego Superior Court Judge Joel R. Wohlfeil issued an injunction restricting the enforcement of a cease-and-desist order on strip clubs and “San Diego County businesses with restaurant service.”
While this ruling is based around two strip clubs, because the clubs offered restaurant services, the Judge’s order looped restaurants into the parameters of the ruling.
“Judge Joel R. Wohlfeil, who previously granted a similar temporary restraining order for Cheetahs Gentlemen’s Club and Pacers Showgirls International, wrote in his nine-page ruling that the state of California and San Diego County have not provided evidence tying the spread of COVID-19 or lack of intensive care unit bed capacity to live adult entertainment or businesses with restaurant service.
“Wohlfeil’s ruling also applied to ‘San Diego County businesses with restaurant service,’ though it was unclear exactly what businesses that portion of the ruling would apply to.”
While one San Diego County Supervisor tweeted out the good news for San Diego restaurants that had been arbitrarily shut down:
BREAKING: A judge just ruled that he could not find a connection between resturant services and the spread of COVID. He has directed the county to allow businesses with resturant services to operate their business safely and responsibly.
— Supervisor Jim Desmond (@jim_desmond) December 17, 2020
Another San Diego Supervisor was pissed at his colleague, and rambled about ICU beds and cancer surgeries being cancelled:
2020 is so strange: On a day with record number of ICU patients and hospitals telling us they are cancelling cancer patients have their tumors removed, my colleague is bragging about fighting to keep strip clubs open. https://t.co/ZB6dGcwBHA
— Nathan Fletcher (@nathanfletcher) December 17, 2020
This ruling closely mirrors the one by Los Angeles County District Court Judge Chalfant, which tore apart the Los Angeles County Board of Supervisors’ ban on outdoor dining. When Judge Chalfant requested the Los Angeles County Health Department supply quantifiable science that showed the connection between COVID spread and outdoor dining, the L.A. County Department of Health came up empty. Apparently, this same scenario played out with the San Diego County Health Department.
Supervisor Desmond’s issued a full statement, part of it read,
“The judge also did not find a proven connection between the spread of COVID and ‘a wide array of business and other activities including gyms, fitness center, yoga studios, bars, restaurants, spas, fraternities and sororities, religious entities and entertainment centers.’ ”
But Supervisor Fletcher continued to moan about following the science, which is exactly what the Judge did.
But public health officials can… https://t.co/3oZRwxoxMn
— Nathan Fletcher (@nathanfletcher) December 17, 2020
San Diego County issued an immediate bulletin saying it would pause enforcing restaurant enclosures until further notice:
County response to judge's ruling: pic.twitter.com/DtPzr1GoX4
— SanDiegoCounty (@SanDiegoCounty) December 17, 2020
“The State and the County are analyzing the scope of the ruling and discussing next steps which includes seeking clarity from the court. Until we have clarity, we have suspended enforcement activities against restaurants and live entertainment establishments. With record numbers of new infections, deaths, and ICUs at capacity, we want to remind everyone to do your part. Please don’t gather, socially distance, wear a face covering, and wash your hands.”
This ruling is another precedent set and reflects that Governor Gavin Newsom’s arbitrary COVID restrictions have no basis in anything resembling science, let alone common sense.
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