San Diego Judge Lifts Restaurant Closings

In a development that's drawn a great deal of attention, San Diego Superior Court Judge Joel Wohlfeil on November 11

granted a request for a temporary injunction that stops “any government entity or law enforcement officer from enforcing the provisions of the cease-and-desist orders” filed against two establishments — Pacers Showgirls International and Cheetahs Gentlemen’s Club — provided both locations follow extensive measures designed to prevent the spread of the coronavirus on their premises.

At the time, this was a temporary restraining order pending the outcome of a hearing scheduled for December. Since the order, Gov Newsom issued more restrictive regional orders that closed both indoor and outdoor dining, limiting restaurants to takeout only. On December 16, Wohlfeil issued his final order:

In the nine-page ruling, San Diego County Superior Court Judge Joel R. Wohlfeil issued a preliminary injunction prohibiting the cease-and-desist order from being enforced on strip clubs and "San Diego County businesses with restaurant service" from operating.

The order, effective immediately, still requires businesses to adhere to COVID safety protocols.

The county, not clear on the scope of Wohlfeil's order, requested that he clarify:

A California judge said Thursday that all restaurants in San Diego County can resume on-site dining with safety protocols, marking a setback to the governor’s stay-at-home order to slow the spread of the coronavirus.

San Diego Superior Court Judge Joel Wohlfeil said his ruling Wednesday that also protected two strip clubs extended to the thousands of eateries in the county of 3 million people.

County officials had suspended enforcement of restrictions barring indoor and outdoor dining and live entertainment on Wednesday and requested the hearing to get clarification from the judge about the scope of his ruling.

Wohlfeil's ruling parallels that of Judge James Chalfant in Los Angeles County, in which Chalfant found the county health authorities could not provide evidence that anyone had contracted COVID from a church service. According to ABC News,

Wohlfeil cited the lack of evidence from the County that proves the two live adult entertainment venues would increase the risk of exposure to patrons or that the establishments have impacted ICU bed capacity throughout Southern California, “much less in San Diego County.”

“Accordingly, the Court finds that Plaintiffs have been devoid of COVID, have done nothing to contribute to the spread of COVID, and have honored their representations to Dr. Joel Day and the County,” said Wohlfeil, according to court records.

Wohlfeil said the order applies to both California state and San Diego County restrictions. The county health department would normally enforce the state lockdown in any case.

Media in San Diego have generally been hysterical, insisting that "skyrocketing", "surging", and "record-breaking" COVID cases mean Wohlfeil's order is somehow irresponsible. But the problem is that, as with the non-conforming megachurches, nobody has been able to prove that strip joints or restaurants, even those like the megachurches that don't apply ocial distancing, have been the source of any COVID infections.

Although the county is not enforcing its lockdown for the moment, both the county and state will appeal Wohlfeil's order. And Wohlfei's order does nothing more than place the county back in social-distancing conditions as they'd existed in early fall. Those in themselves are an annoying charade, but at least some people in San Diego can go out to eat, and some can work for a living.