State appeals court blocks opening of restaurants in San Diego County

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 stayat-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 and came as the state’s health care system is “on the brink of collapse.”

“In the midst of the worst surge in the COVID-19 pandemic ... a single trial court judge has unilaterally thwarted public efforts to avert that looming catastrophe, by issuing an injunction that allows all restaurants in San Diego County to reopen without any restriction, contrary to the orders and judgment of the State’s top health officials,” lawyers for the governor wrote in their filing with the state’s 4th District

Court of Appeal.

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 a judge cleared the way for restaurants to reopen.