Ruling on L.A. County restaurant closure: arbitrary

But restaurants still can’t reopen for outdoor dining

A Los Angeles County judge ruled on Wednesday Los Angeles County health officials acted arbitrarily when it shut down outdoor dining last month.

But the judge still ruled Governor Gavin Newsom’s stay-at-home order issued late Sunday that shuts down outdoor dining super cedes the the county ruling.

L.A. County Superior Court Judge James Chalfant ruled L.A. County’s decision to shut down outdoor dining was arbitrary. So the ruling is only specific to Los Angeles County.

“By failing to weigh the benefits of an outdoor dining restriction against its costs, the county acted arbitrarily and its decision lacks a rational relationship to a legitimate end,” Chalfant wrote.

He basically wrote the conditions favor the position of the California Restaurant Association, which filed the lawsuit Chalfant ruled on, to stay open for outdoor dining over the position to shut down outdoor dining by L.A. County. He effectively wrote L.A. County must show the shut down of outdoor dining must be done to protect its healthcare system.

He wrote L.A. County’s position COVID-19 can be spread by those who aren’t wearing a mask and are exposed to each other for an extended period of time “weakly supports” the shut down of outdoor dining. He also wrote L.A. County is ignoring the act is an outdoor activity. The U.S. Centers for Disease Control and Prevention has stated outdoor dining provides a moderate risk of spreading the virus.

But Chalfant’s ruling still states Newsom’s order remains in effect. Newsom issued a stay-at-home order for regions in the state that have less than 15 percent of their ICU beds available.

The stay- at- home order went into effect late Sunday night in Los Angeles County and the San Joaquin Valley. Under the stayat-home order, restaurants can offer only takeout and delivery.

Chalfant’s ruled L.A. County’s shut down should end after three weeks, which is December 16. But he also ruled since the state’s stay-at-home order remains in effect until at least December 27, so L.A. County will need to reevaluate its action to shut down outdoor dining at that time.

In his ruling, Chalfant called on L.A. Conty to consider the economic cost of closing 30,000 restaurants along with the psychological and emotional costs.