All San Diego County restaurants and businesses with restaurant service are exempted from enforcement of California's regional COVID-19 stay-at-home order, a judge clarified on Thursday.
During a brief hearing, San Diego Superior Court Judge Joel R. Wohlfeil discussed his ruling in the lawsuit filed by the operators of two San Diego strip clubs seeking to remain open amid COVID-19 shutdown orders.
When asked to clarify the ruling and how it was related to restaurants, Judge Wohlfeil clarified that his Wednesday ruling prohibiting the enforcement of COVID-19 restrictions at two San Diego strip clubs also applies to all county restaurants and businesses with restaurant service.
Wohlfeil said, "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."
Judge Wohlfeil ruling on Wednesday had granted a preliminary injunction for the clubs to remain open amid COVID-19 restrictions and appeared to make similar allowances for restaurants and other types of businesses.
San Diego County Supervisor Nathan Fletcher, who is also spearheading the regional COVID-19 taskforce, said it's frustrating, especially at a time when the county is facing record COVID-19-related deaths and 0% ICU bed capacity in the Southern California region.
"It's incredibly disappointing. I think the ruling, even if it gets overturned on appeal, it will still have a significant impact on our ability to respond as a region," said Fletcher.
Restaurants like Nolita Hall in Little Italy have spent the day setting up their outdoor dining area saying that it has been frustrating with all the back and forth of the latest restrictions.
"We are just really excited and hope to get back to business as usual and let people back in the building,” said Andrew Grantz, Nolita Hall director of operations.
Wohlfeil wrote in his nine-page ruling that the state of California and San Diego County had not provided adequate evidence tying the spread of COVID-19 or lack of intensive care unit bed capacity to live adult entertainment or businesses with restaurant service.
"We have a judge who decided to be public health officer, medical doctor and policy maker," said Fletcher.
Mike Hess Brewing has three locations in OB, North Park and Imperial Beach now open.
"We are opening up to capacity with socially distanced tables, still adhering to the six people per table, people can come on the property and sit down at one of our tables and enjoy a taco and a beer,” Hess said.
City Tacos reopened all six of its locations for in-person dining today. Many restaurants spent time prepping indoor and outdoor tables.
“We put a lot of our own money into the building setting up plexiglass dividers and getting the social distancing together,” Grantz said.
Supervisor Diane Jacob requested a special board meeting that will be closed door on Friday to discuss the lawsuit and options.
Last week the board approved to appeal if the judge ruled in favor of the strip clubs but that was only for the strip clubs. Jacob said she won't support an appeal that would close restaurants again. She hopes outdoor dining will be allowed, but she wants clarification on what the order means.
"I think we can do it safely and I think we can do under this judge's order in a different way," said Jacob.
Governor Newsom's press office sent News 8 this e-mail statement:
"Today, we filed an appeal to the ruling. The administration remains steadfast in its commitment to protecting the health and safety of all Californians."
San Diego Mayor Todd Gloria stated in response in part:
"No one wants our small businesses to be closed, but the science and data are showing a dire trend in hospitalizations and deaths. Over 1,200 have died in San Diego County and the ICU capacity in Southern California has dropped to zero. I am asking San Diegans to continue to stay home as much as possible, wear a mask, avoid large gatherings."
Wohlfeil's ruling prompted the county to seek the emergency hearing Thursday afternoon for clarification.
Among the local leaders praising the ruling were Sen. Brian Jones, R- Santee, who said, "Businesses with restaurant service are essential to our communities. Thank you to Judge Wohlfeil for acknowledging these shutdown orders are not grounded in evidence and allowing restaurants to reopen."
County Supervisor Jim Desmond, who has long advocated for businesses to be allowed to reopen, called it "a victory for the working people in San Diego County."
San Diego County said it would pause on enforcing restaurant enclosures until further notice based on the ruling. There will be a special Board of Supervisors meeting at 1:30 p.m. on Friday.