Judge allows San Diego restaurants to open up, overturns Gov. Newsom’s stay-at-home order
SAN DIEGO, California, December 18, 2020 (LifeSiteNews) – A judge in southern California delivered an early Christmas present to restaurant owners in San Diego, issuing a ruling allowing them to resume on-site dining and ignore Governor Gavin Newsom’s stay-at-home order.
Judge Joel Wohlfeil of California’s Superior Court issued on Wednesday a preliminary injunction in a case two strip-clubs brought against San Diego County, California Governor Newsom, and county and state health departments on Wednesday, and then reaffirmed his decision on Thursday after the county sought an emergency hearing seeking to maintain COVID-19 lockdowns.
The injunction directed state authorities to cease enforcing the State's Regional Stay Home Order not only for the two establishments who were the plaintiffs in the case, but for every restaurant in San Diego County.
Wohlfeil asserted that the state and county failed to provide adequate evidence that restaurants were responsible for the spread of COVID-19.
“The court’s intention is that all businesses which provide restaurant service, meaning all restaurants in the county of San Diego, are encompassed within the scope of the court’s order,” Wohlfeil said at Thursday’s hearing.
“Christmas came early for us,” said San Diego restaurant owner Nicholas Kacha, in a live interview with local TV station, KUSI.
“Everyone is super happy,” said Kacha of the restaurant’s employees and patrons.
“We all want to work, we all want to make our living, we don’t want to fall behind in our bills,” continued Kacha.
While the judge’s ruling has allowed Kacha’s Rudford’s Restaurant to resume service, COVID-19 mask and social distancing protocols remain in place.
Jim Desmond, a San Diego County Supervisor who has long advocated for businesses to be allowed to reopen, called the judge’s decision “a victory for the working people in San Diego County,” according to KUSI.
Acting on behalf of Gov. Newsom, California Attorney General Xavier Becerra, had issued a cease and desist order to the complaining clubs last week, saying that by operating they were violating state policy.
Both Newsom and Becerra are Democrats. Joe Biden has indicated that should he become president, pro-abortion Becerra would be his choice to head Health and Human Services.
The state of California plans to appeal Judge Wohlfeil’s ruling.