Four restaurants and gyms in San Diego filed lawsuits Saturday claiming their right to continue operating indoors after 11 California counties imposed new restrictions.
After coronavirus cases rose above a threshold set by the state, bars, restaurants, gyms, movie theaters and churches were told they were prohibited from operating indoors and could only continue outdoor operations, according to Fox LA. (RELATED: Some California Counties Pushed Back to More Restrictive Tiers)
California Gov. Gavin Newsom tweeted Friday about the coronavirus case surge that is causing the new restrictions.
-Positivity rate: 3.9%
-Daily case average: 6,719
-Hospitalizations: 36% increase
-ICU: 37% increase
We absolutely must take these increases seriously.
Wear your mask. Physically distance. Do not let your guard down.
Your actions could literally save lives.
— Gavin Newsom (@GavinNewsom) November 13, 2020
The plaintiffs claim that the order violates their rights and the state constitution. They are asking for an emergency injunction that would allow indoor operations under sanitation and social distancing protocols, according to The San Diego Union-Tribune. (RELATED: How Gov Gavin Newsom Abuses Shutdowns To ‘Reshape’ California for ‘Equity’)
Some businesses have disputed the idea that they are to blame for the rise in cases. Health officials say that casual gatherings where people are not socially distancing or wearing masks are to blame for the surge, according to Fox LA. The outcome of the lawsuit largely rests on the notion that state officials are targeting the wrong places. The lawsuit sites statistics showing that county residents who had tested positive were not regularly visiting businesses subject to the new shutdown, reported The San Diego Union-Tribune.
“What I’m mostly afraid of is that a lot of the restaurants that closed this time are not going to come back,” Patrick Mulvaney, Owner of Mulvaney’s B&L in Sacramento, said, according to The Mercury News.
The hearing is scheduled for Tuesday at 8:30am before the San Diego Superior Court. The businesses will be represented by Wilson Elser, a New York based law firm, according to The San Diego Union-Tribune.