California officials appeal order allowing strip clubs and restaurants to remain open

The state of California appealed a judge's order, allowing two strip clubs and other businesses in San Diego County with restaurant services that follow safety protocols, to remain open. On Friday, the Court of Appeals for the Fourth Appellate District issued a temporary stay on the order pending the state’s appeal.

San Diego County Superior Court Judge Joel Wohlfeil on Wednesday had issued a preliminary injunction allowing two strip clubs to remain open and stopped the county from enforcing California’s recently updated coronavirus restrictions on the strip clubs and other businesses in the county with "...restaurant services that follow safety protocols."

Pacers International Showgirls and Cheetahs Gentleman’s Club sued over a cease-and-desist order they received for violating California Democrat Governor Gavin Newsom's mandated closures and restrictions.

Lawyers for the state said that Woehfeil’s order "…stretches well beyond the controversy actually before the trial court." The state argued that "A single trial court judge has unilaterally thwarted public efforts to avert that looming catastrophe, by issuing an injunction that allows all restaurants in San Diego County to reopen without any restriction, contrary to the orders and judgment of the State’s top health officials."

Wohlfeil’s ruling prevented local officials from enforcing the latest set of restrictions that went into effect in San Diego County on December 3rd. His order applied not only to the strip clubs but went a step further to say that "San Diego County businesses with restaurant service" that follow safety protocols and are    "…no greater than is essential…" to controlling the spread of the coronavirus. San Diego’s restaurant industry has been crushed by the restrictions and shutdowns imposed by politicians.

The ruling was effective immediately and San Diego County officials said Wednesday night that the county would stop enforcing restrictions against restaurants. County Communications Director Mike Workman said in a statement "…we have suspended enforcement activities against restaurants and live entertainment establishments."

The judge said that there was no compelling evidence that by allowing restaurants to operate, while complying with health and safety restrictions, they would add to the risk of spreading the virus.

Woehfeil wrote in his decision "Given every opportunity, the County has provided the Court with no evidence that San Diego County businesses with restaurant service, such as Plaintiffs’ establishments, who’ve implemented protocols as directed by the County, present any risk, much less a greater risk than before Governor Newsom issued his December 3, 2020 Regional Stay at Home Order, to the spread of COVID."

"These business establishments provide sustenance to and enliven the spirits of the community, while providing employers and employees with means to put food on the table and secure shelter, clothing, medical care, education and, of course, peace of mind for they and their families," he added.

According to the San Diego Union Tribune, the capacity of available intensive care beds in San Diego and 10 other counties that comprise the state’s "Southern California Region" was under 1 percent on Wednesday.

On November 6th, Wohlfeil originally issued a temporary injunction allowing the clubs to remain open. His ruling Wednesday extended the order, while the suit brought by the clubs against the shutdown orders and restrictions continued. The strip clubs argued that live adult dancing has been recognized as constitutionally protected free speech by the courts, and that the restrictions posed an "irreparable harm" to the businesses.

The appellate court required the opposition to respond by Wednesday.