A lawsuit against Contra Costa County over early adoption of a health order banning outdoor dining at restaurants is on hold for now as a state health order has since gone into full effect, making the county’s earlier restrictions a moot point, an attorney for the plaintiff restaurants said.
The civil suit against Contra Costa County, filed Dec. 11 by four restaurants whose owners opposed the county’s early adoption of the COVID-19-related dining restrictions, is now scheduled to return to court sometime in April, said Joseph Tully, an attorney representing the restaurants.
Other lawsuits are challenging the statewide order and its restrictions on outdoor dining, and Tully said “the battle goes on.”
On Dec. 14, Contra Costa County Superior Court Judge Steve Austin had said he would likely ultimately affirm Contra Costa Health Services’ assertion that the restaurant owners haven’t made a successful case that the ban is doing irreparable harm to those businesses.
The suit’s plaintiffs include Bar Cava Wine Whiskey and Eatery in Martinez, Providence Bar and Eatery in Oakley, Retro Junkie Arcade Bar in Walnut Creek and Leila in the Bay in Hercules. Other restaurants have shown interest in signing on to the suit, Tully said.
Contra Costa was one of five Bay Area counties that, earlier this month, shut down outdoor dining a few weeks ahead of the expected ICU bed capacity decrease kicking in. Health officials from those five counties had said with a shutdown inevitable, enacting it sooner could help slow mounting COVID-19 infections and hospitalizations, and help slow the spread of the virus.
While many health officials have said dining, indoors or out, involving multiple people is a key source of the spread of COVID-19, opponents of the dining ban have said there isn’t enough evidence of that to shut down outdoor dining.
Earlier this month, several restaurants in Danville openly defied the outdoor dining ban, absorbing citations rather than stop serving outdoor diners. There also has been at least one public rally in support of those Danville restaurants.
23 comments
GARBAGE.
Restaurant owners need to declare themselves “sovereign”….like the Graton Casino.
Or the can purchase some Hot Dog carts and sell at the curb…..seems that “health official” IDIOTS don’t care about them.
Why is a lawsuit needed to challenge an illegal order? Nobody voted for this crap.
Exactly. All bars and restuarants in the county should open up immediately, inside dining and outside, at full capacity. Let us adults make the determination if we want to eat or drink at a restaurant or bar or not. If you’re scared, stay home.
Yes let’s just let people do whatever because it’s working out great now?
Wills post confirms that most people are too stupid to understand that we are in a dangerous potion but Will is too concerned about eating a whopper inside instead of people dying and hospitals being overwhelmed and long term health issues.
Selfish ignorant ass hats! Merry Christmas you selfish idiots!!
Yogurt,
You’ve been masked up for 9 months and WHAT GOOD HAS IT DONE? You Dolt!
Nobody is preventing you from cowering in place. Stop making everyone participate in your irrational paranoia.
Anon,
Since reading is hard for you I will make it easy. A majority of new infections were from eating indoors at restaurants and small family gatherings indoors without masks.
Masks work in public areas with distance. Since most infections are coming from small gatherings indoors without masks I would say that you seem to be not understanding the situation.
Of course that’s why we have the numbers we do because people tend to believe nonsense from Posters like gitty and pappy that get inside ignorant info from sources that shouldn’t even be classified as reporting of any kind. It’s all opinion and based on falsehoods or half truths.
Pathetic people, this is hard enough without the ignorant selfish people mucking it up for everyone else
I always find it curious how vile and abrasive government golemns get when confronted with contrary opinions.
I’d like to conclude htis s
I always find it curious how vile and abrasive government golemns get when confronted with contrary opinions.
I’d like to conclude this statement with an infographic that proves how well masks work: https://i.imgur.com/TGdpGrh.png
@Yogurt I assume you’re referring to me with your “nonsense from Posters like gitty.” The only things I have ever posted anywhere are items from reputable sources. For example, the CDC (that is Center for Disease Control (you obviously don’t know what it is) which lists heart disease and cancer as almost twice the killers covid is in the US; AARP (American Association for Retired People which apparently you are unfamiliar with also) who state 9 out of 10 covid deaths are among those over 55; the label on a 10-pack $30 package of N-95 masks (supposedly the best for protecting from Covid-19) which clearly carries a warning “Not for medical use,” etc., etc. Activate your brain and draw your own conclusions. Actually, you sound more like the ignorant, over-reacting snot with your fearful accusations that WE are causing the problems. If you are a fear-mongering, sniveling coward continue hiding in the basement. It’s your choice.
Gitty EVERY post from Yogurt calls everything and everyone a liar,if it’s something it’s not agreeing with.
Nothing to back it,you’re just wrong,just cuz…..
This is someone in major denial of reality due to a TDS disorder.
Never once anything but emotions to back things.
Yogurt,you know you should post if you havent taken your pill.
All proof is opinions and untrue,opinions are proof and are true,emotions back them……doyyyyyyyyy-Yogurt.
Why not have this suit join the ones against the state order?
Why not still push the county health joker to provide the evidence?
Recall Newsom Locator. Type this in your search engine. Then type in your zip code. There are 4 locations in the immediate area.
Merry Christmas!
There’s an easier way. Just go to http://www.recallgavin2020.com, download the petition, fill it out EXACTLY as instructed, sign and mail to the address printed on the form. Couldn’t be easier. I did it months ago.
Recall for what? For actually trying to help? Too bad the coronavirus has spread because of people like you.
This is all your fault and everyone else’s who has a similar mindset. I would say think but it’s pretty obvious that thinking is not something you do
Go kick rocks Yogurt……we all know that You won’t be trying to enforce anything….you’ll be calling on the Police (whom you wanted to defund).
I’ll state it Again in case you cannot seem to wrap your head around it: I WILL NEVER GO TO ER OR HOSPITAL FOR A FLU, COLD OR CONVID.
I don’t wear a mask and never had coronavirus. How did it spread because of me? I’m waiting for your mental gymnastics. Please answer within the framework of understanding that masks don’t prevent the spread of COVID, but supposedly prevent the spread of other infections in order to make room for COVID patients. Then, while you’re there, explain why we have the same annual deaths this year as last year, and why there’s less than 50 influenza deaths this year.
While you’re at it, can you tell me why gunshot victims and heroin overdosers are listed as COVID deaths?
@Yogurt “Recall for what?”
For violating our God-given, Constitutionally-protected human and civil rights. For usurping powers for which he has no authority. For behaving like a crazed, power-mad despot overreacting to a virus with regulations which are sadistic and psychologically damaging. For threatening to fine and incarcerate those who do not comply. For refusing to follow those regulations himself. For believing in his twisted mind that he has any authority to infringe upon these rights for any reason.
Actually, for his visit to the French Laundry, he should voluntarily step down from office, and the fact that it hasn’t even crossed his mind is a good indication how clueless a man is running the State.
Gitty,Yogurt is one that doesnt need to go out and wear and mask,it lives at mommys and plays online all day.
It can preach what it never practices all day,and everything is free.
Complains about politics when it isnt old enough to vote.
Why is Judge Steve Austin telegraphing his decision before the case is heard. I believe he should hear both sides present their case without prejudice. Perhaps he should recuse himself if he has preconceived opinions.
https://www.cccba.org/member-center/ccc-superior-court/judicial-officers-profiles/honorable-steven-k-austin-department-33/
I am supporting my restaurant friends. I have eaten outdoors and there was plenty of distancing. The spread is more from family members in the same household than indoor dining. I ate indoors when it was allowed and the plexiglass is plenty of protection, with smaller capacity, the patrons were mindful to wear the mask when not eating or drinking. \\ I felt safe and did not get sick. The bottom line is to protect yourself if you know you’re at risk- stay home.
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