Las Vegas Review-Journal

■ A court blocked an order that let San Diego County eateries resume indoor and outdoor service.

California appeals court overrules judge who allowed restaurant­s to reopen

- By Brian Melley

SAN DIEGO — A California appeals court on Friday blocked a judge’s order allowing San Diego County restaurant­s to resume indoor and outdoor dining, keeping Gov. Gavin Newsom’s stay-at-home edict in full effect.

A three-judge panel’s brief order gave no explanatio­n and came almost immediatel­y after the state asked for emergency interventi­on. Two strip clubs were given until Wednesday to ask the appeals court to reconsider.

The decision came only two days after a judge authorized all restaurant­s in the county of more than 3 million people to reopen on their own terms. It marked the biggest victory yet for opponents of California’s public health orders but proved short-lived.

The state on Friday asked the appeals court to immediatel­y step in, saying the scope of the judge’s order far exceeded what the strip clubs sought when they sued in October. Lawyers said the state health care system was “on the brink of collapse” with no intensive-care beds available in Southern California.

Jason Saccuzzo, a lawyer for Pacers Showgirls Internatio­nal, said he was disappoint­ed and would continue fighting California’s “illogical and unconstitu­tional orders.” The clubs — Pacers and Cheetahs Gentlemen’s Club — will ask the appeals court early next week to reconsider.

Sacuzzo said he was given no opportunit­y to address the appeals court and told Pacers’ staff that the club would immediatel­y close.

“This is a huge blow to them right before Christmas, as well as for all restaurant­s in San Diego, in what has already been a very tight year for them financiall­y given all the uncertaint­y caused by the ever changing orders of Governor Newsom,” he wrote in an email.

Amid the rapid-fire developmen­ts, San Diego County reported a record 3,611 new confirmed cases Friday.

California registered 300 coronaviru­s deaths and more than 41,000 cases Friday after a record 379 deaths and more than 52,000 cases Thursday.

Only hours earlier, eggs, waffles and burritos flew out of the kitchen at The Old Townhouse, a 45-yearold institutio­n in San Diego’s Ocean Beach neighborho­od that immediatel­y resumed indoor dining when the judge cleared the way for restaurant­s to reopen.

Other eateries in the neighborho­od known for its laid-back surfer vibe remain closed, illustrati­ng the difficult choice faced restaurant­s as they weigh whether to reopen amid the legal uncertaint­y.

In other developmen­ts:

■ Michigan lifted a ban on in-person instructio­n at high schools and said movie theaters and other entertainm­ent venues can reopen with capacity restrictio­ns following a decline in coronaviru­s cases and hospitaliz­ations.

■ South Carolina first lady Peggy Mcmaster tested positive for the coronaviru­s. The governor’s office announced that the 73-year-old Mcmaster took a “precaution­ary, routine test” Thursday and learned Friday morning the results were positive. Officials said she was not experienci­ng any symptoms.

■ A second federal inmate scheduled to be put to death next month in a series of executions by the Trump administra­tion has tested positive for COVID-19, his lawyers said Friday. The diagnosis of Cory Johnson, who was convicted of killing seven people related to his drug traffickin­g in Virginia, comes a day after attorneys for Dustin John Higgs confirmed he tested positive at a

U.S. prison in Terre Haute, Indiana, where both men are on death row.

 ?? Ringo H.W. Chiu The Associated Press ?? A restaurant along Highway 101 in Encinitas, Calif., indicates it is open Friday. Later in the day, a California appeals court blocked a judge’s order that allowed restaurant­s in San Diego County to ignore the state’s stay-at-home mandate.
Ringo H.W. Chiu The Associated Press A restaurant along Highway 101 in Encinitas, Calif., indicates it is open Friday. Later in the day, a California appeals court blocked a judge’s order that allowed restaurant­s in San Diego County to ignore the state’s stay-at-home mandate.

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