San Diego appeals court overturns injunction that allowed some restaurants to reopen amid pandemic

California
Patrons dine at an outdoor restaurant along 5th Avenue in The Gaslamp Quarter in downtown San Diego, California on, July 17, 2020. (Sandy Huffaker/AFP via Getty Images)

Patrons dine at an outdoor restaurant along 5th Avenue in The Gaslamp Quarter in downtown San Diego, California on, July 17, 2020. (Sandy Huffaker/AFP via Getty Images)

A San Diego appeals court reversed a Superior Court judge’s December order that allowed restaurants in the county to reopen.

A unanimous three-judge panel of the 4th District Court of Appeal said a preliminary injunction went too far, roping in restaurants in the county in a lawsuit brought by two strip clubs contesting COVID-19 restrictions by the state and county limiting live entertainment.

The ruling by San Diego Superior Court Judge Joel Wohlfeil was also too vague and unfair to state and county officials who were not expecting the judge to include restrictions on restaurants in the Dec. 16 ruling.

“In sum, the trial court erred by entering an overbroad injunction that was unsupported by the law and which violated the due process rights of the state and county,” Associate Justice Patricia Guerrero wrote in a 47-page opinion.

Read the full story at LATimes.com.

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