County of Los Angeles Department of Public Health v. Superior Court, B309416 (Mar. 1, 2021)
Los Angeles County’s Department of Public Health issued an emergency order temporarily prohibiting outdoor restaurant dining to combat the surge in COVID-19 infections. The California Restaurant Association and a restaurateur convinced the trial court to preliminarily enjoin the outdoor dining ban on the ground the ban was arbitrary because the County did not adequately compare the costs of the ban to the benefits.
The Court of Appeal vacated the injunction, holding that great deference was owed to the County’s decision and the ban was rationally related to limiting the spread of COVID-19. The Court of Appeal noted that the County recognized the ban would have substantial emotional and economic impacts, but ultimately determined that the ban was necessary because dining with others creates the circumstances where unmasked non-household members gather in close proximity for long periods.
Horvitz & Levy filed an amicus brief supporting the restaurants on behalf of Los Angeles area casinos.
