BREAKING: Judge James Chalfant issues tentative decision in the CRA/Mark Geragos' lawsuit vs L.A. County re: outdoor dining ban. Judge GRANTS a preliminary injunction, writing that the County "acted arbitrarily" and "failed to perform the required risk-benefit analysis." @FOXLA
This does not mean outdoor dining will be able to return right now, because the state Stay at home order is still in effect. However, the judge is restricting L.A. County from continuing the ban indefinitely. It will end on 12/16 and can't be reimposed until an analysis. @FOXLA
The judge writes that L.A. County "could be expected to consider the economic cost of closing 30,000 restaurants, the impact to restaurant owners and their employees, and the psychological and emotional cost to a public tired of the pandemic.” @FOXLA
This is not FINAL. This is the judge’s temporary decision that he has sent to both sides of the litigation for them to review. There is formal hearing at 1:30pm today, and things could change, but there is where the judge’s mind is at right now, ruling against L.A. County @FOXLA
Representatives from the California Restaurant Association and Mark Geragos' team tell me they are encouraged by this 53 page tentative decision from the judge, but they won't have a formal comment until the hearing this afternoon is over. We will monitor it. @FOXLA
In a nutshell...what this ruling means, if it sticks, is that once the state Stay at Home order drops, outdoor dining will return to L.A. County, unless the county is able to provide an "appropriate risk-benefit analysis" and change the judge's mind. @FOXLA
Remember when L.A. County Supervisor @SheilaKuehl claimed to have "six studies" showing evidence of outdoor dining risk? Curiously, none of it appears in the "County evidence" section of this ruling. Actually, it says studies show COVID is less likely to spread outdoors. @FOXLA
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NEW: L.A. County Sheriff Alex Villanueva tells me his deputies will not take part in enforcing stay at home orders at businesses, which he says have been through enough. He says that's the health department's job, and LASD will focus on "super spreader" events instead. @FOXLA
I asked Sheriff Villanueva about Gov. Newsom's threat to withhold funding.
"I sure hope the Governor doesn't want to revisit the playbook that came form the White House recently involving fires and withholding FEMA funds, I don't think that would play out very well here." @FOXLA
Sheriff Villanueva also tells me he found out about the new stay at home orders from Governor Newsom's press conference, and there was no coordination with law enforcement beforehand, which he says is concerning when the Governor is expecting enforcement of his orders. @FOXLA
THREAD: A summary of what we just heard from the L.A. County Department of Public Health. 1) They have no data/numbers tying outdoor dining to surge in cases in LA. 2) They based decision off a national CDC study that didn't discern indoor/outdoor dining - "best info we have".
DPH was repeatedly pressed by Board members Barger & Hahn as to what science/data they have to justify this order. Dr. Ferrer deferred to Dr. Muntu Davis, who pointed to the CDC study. Neither were able to provide a shred of their own data, after 8 months of this pandemic.
These public health officials make hundreds of thousands of dollars per year. They are paying two PR firms millions of dollars to guide their messaging. It is unfathomable that once again, knowing they would be asked bout this, Dr. Ferrer deferred, and had no data to back her up.
NEW: Dr. Barbara Ferrer just recommended to the LA County Board of Supervisors that all public or private gatherings outside of one's household be prohibited except for outdoor church services and protests, citing rising cases and a fear that hospitals will be overrun. @FOXLA
Dr. Ferrer points out that the homeless population is exempted from L.A. County's curfew of 10pm-5am. @FOXLA
Dr. Christina Ghaly says L.A. County has enough physical hospital beds/rooms for a potential surge in hospitalizations, but there are concerns about having enough staffing to handle such a surge. @FOXLA
NEW: Attorney @markgeragos, who owns a restaurant in downtown L.A., is suing L.A. County over order to close outdoor dining at restaurants, calling it an “irrational and unlawful overreach” of emergency powers, and saying that the science and data doesn’t back it up. @FOXLA
THREAD: Just wrapped interview w/ @markgeragos, who is suing LA County over outdoor dining order.
"I'm as progressive as anybody, but this is regressive," he says. "There will be accountability, we're not going away, we've got the deep pockets to pursue this and we will" @FOXLA
Geragos says there is zero science, zero data to back up L.A. County's decision. He says @SheilaKuehl, @MRTempower, and @HildaSolis, who voted to uphold the order, have "outsourced" their governing to Dr. Ferrer, who he says is unelected, unqualified, and has no answers. @FOXLA
This thread is stunning, and it checks out. You can read LA County's own data here. publichealth.lacounty.gov/media/coronavi…
The County has identified 204 "outbreak" locations.
Restaurants only account for 3.1%, and almost all are chains. McDonald's, Burger King, Subway, Jack in Box, Domino's etc
Almost all of these chains have drive throughs and masses of corporate money. They will easily survive this shutdown. Who is going to pay the price? LOCAL restaurants who have played by the rules and who are NOT fueling the spread, according to the county's own data. Unacceptable
While restaurants have accounted for 3.1% of the known "outbreak" locations in L.A. County, without indoor/outdoor being specified, you know what has doubled them at 7.27%? Government locations! Including several L.A. County entities. Again, this is LA County's own data.
NEW: Los Angeles Mayor Eric Garcetti says "L.A. is in a very dangerous situation, the alarm bells are ringing" re: #COVID19. Says this is "game day", gives a Dodgers reference saying we're at the bottom of the 5th/6th inning. Urges that we need to turn the surge around. @FOXLA
NEW: Mayor Garcetti says city of LA is going to expand/ramp up enforcement efforts at businesses that aren't following #COVID19 rules and will revoke permits for businesses that are violating health orders. Also says anybody traveling must quarantine for a full14 days. @FOXLA
Mayor Garcetti says that you should assume that every single person you see outside your household is infectious. He said that LA has never been in a more dangerous position during this pandemic than where we are right now. He did not offer specifics, other than surge of cases.