The ban on outdoor dining in Los Angeles County may remain in effect until early February, the California 2nd District Court of Appeals ruled.
According to court documents, the appeals court has scheduled a hearing for February 10, allowing the superior court judge to justify his earlier decision to block the ban, which limits bars and restaurants to take-out services, drive-thru and delivery only.
The appeals court had previously delayed the execution of a judge’s order blocking the ban.
The latest court action – filed Dec. 18 – means the ban can remain in effect at least until the hearing.
Earlier this month, a judge ruled in favor of the California Restaurant Association and said health officials in Los Angeles must present scientific evidence to justify the three-week ban on the restaurant service, which has was promulgated on November 25.
The association had argued that the measure should be blocked until the county provides “supporting medical and / or scientific studies and evidence that operating outdoor dining establishments poses a risk. unreasonable “to the public.
The association the initial request to block the ban had been denied a week earlier. However, the superior court judge handling the case said he would reconsider hearings on the case if restaurateurs provide new evidence, according to the Los Angeles Times.
The CRA has fought fiercely against the measure since its passage and accuses the county of relying on a “questionable national study” rather than local data to determine that establishments – which are already reeling from the pandemic – are expected to be closed again, according to a video posted on Youtube.
Shortly after a judge ruled in favor of the association, county officials appealed the decision.
“The law says that in the event of a public health crisis, the health worker must act urgently and quickly to stop the transmission of the disease and protect public health and safety,” ministry officials said. Public Health in a statement earlier this month, according to The Times.
Earlier this fall, during a supervisory board meeting, health official Dr Muntu Davis said restaurant-specific data was scarce and a CDC study targeting 11 different ambulatory care facilities in 10 states was the “best information we had”. The study found that patients with COVID-19 were twice as likely to have dined out.
Davis said “as a public health department we need to look at the highest risks and where we can reduce those risks,” adding that restaurants fit the high risk category.
The ban has been the subject of a wave of backlash from county officials and restaurant owners who fear restaurants will not survive the additional shutdown.
However, authorities said the purpose of the ban is to help “reduce the possibility of overcrowding and the potential for exposure in environments where people do not wear face coverings.”
Either way, there is always a preponderance regional order of stay at home, which impacts four of the state’s five regions, which limits restaurants and bars to take-out and delivery services only.
Representatives for the California Restaurant Association did not immediately respond to FOX Business’s request for comment.