SAN DIEGO COUNTY, Calif. — No more indoor or outdoor dining in San Diego County after a judge's decision late Wednesday gave restaurants hope they could reopen for a few days, just for that order to be appealed by the state of California enforcing the regional stay-at-home order. But how did San Diego Superior Court Judge Joel Wohlfeil's ruling that originally applied to two strip clubs reopening pave the way for all businesses with food service to reopen?
"You basically have a court’s decision being held in abeyance by a higher court, that happens all the time and especially as having during the pandemic because there isn't a lot of what I'll call pandemic precedent to fall back on,” said Dr. Wendy Patrick, CBS8 legal analyst.
Some restaurants opened Thursday and were told to shut down the next day after an appeals court stayed the judge's decision and reversed course.
County supervisor Jim Desmond tweeted "Why are restaurants suddenly closed again as usual it's because of the state of California.”
Supervisor Nathan Fletcher tweeted "This is the right decision to protect our communities given the severity of cases and hospitalizations we are experiencing in San Diego County. Everyone should stay at home unless it's absolutely essential."
All Mike Hess Brewing locations in Ocean Beach, North Park and Imperial Beach are back to takeout only. Of 80 employees, 50 are now furloughed again.
"Telling people, you are on work you are off work, you are on work, you're off work, it is brutal. Shutting down the economy and putting half a million people out of work doesn't seem to be the right answer. "I think the judge got it right the first time quite honestly, I think restaurants have figured out how to operate safely,” said Mike Hess of Mike Hess Brewing.
What is the answer as ICU's are at capacity? The Restaurant industry feels as if it’s been taking the brunt of the pandemic more than retail and other sectors.
"Are The Covid rising numbers due to restaurants being open or people gathering together in other words, is it social responsibility or professional accountability? With another hearing next week, the court will again have to hear arguments from both sides,” Dr. Patrick said.
Attorneys for the two San Diego strip clubs, who initially brought the lawsuit have until Wed Dec. 23 to respond to the state's appeal.