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Home Health & Fitness LA dining ban can remain in effect until at least February, appeals...

LA dining ban can remain in effect until at least February, appeals court rules


#Los #Angeles #County’s ban on outdoor dining can remain in place until early #February, the #California 2nd #District #Court of #Appeal ruled.

#According to court documents, the appeals court has scheduled a hearing for #Feb. 10, allowing the superior court judge to justify his earlier decision to block the ban, which limits bars and restaurants to take-out, drive-through and delivery services only.

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The appeals court had previously delayed enforcement of a judge’s order blocking the ban from taking place.

The court’s latest action — filed on #Dec. 18 — means that the ban can remain in effect at least until the hearing.

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#Earlier this month, a judge ruled in favor of the #California #Restaurant #Association and said that health officials in #Los #Angeles must show scientific evidence to justify the three-week ban on dine-in service, which was enacted on #Nov. 25.

The association had argued that the measure should be blocked until the county provides “supporting medical and/or scientific studies and evidence that the operation of outdoor dining establishments poses an unreasonable risk” to the public.

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The association’s initial request to block the ban had been denied a week before that. #However, the superior court judge overseeing the case said he would reconsider hearings on the matter if restaurateurs provided new evidence, according to the #Los #Angeles #Times.

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The CRA has fought hard against the measure since it was enacted and is accusing the county of relying on a “questionable national study” rather than local data to determine that establishments — which are already reeling from the pandemic — should be shut down again, according to a video posted on #YouTube.

LOS ANGELES DINING BAN WILL MOVE FORWARD DESPITE EFFORT TO BLOCK MEASURE

#Shortly after a judge ruled in favor of the association, the county officials appealed the decision.

“The law says that in a public health crisis, the health officer must act urgently and swiftly to stop the transmission of disease and to protect public health and safety,” officials from the #Department of #Public #Health said in a statement earlier this month, according to the #Times.

#Earlier this fall, during a board of supervisors meeting, health official #Dr. #Muntu #Davis said restaurant-specific data was scarce and that a CDC study targeting 11 different outpatient health care facilities in 10 states was the “best information we have.” The study found that those patients with COVID-19 were twice as likely to have dined out at a restaurant.

#Davis said “as a public health department we have to look at the highest risks, and where we can reduce those risks” adding that restaurants fit the high-risk category.

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The ban has faced an onslaught of pushback from county officials and restaurant owners who fear that restaurants won’t make it through the additional shutdown.

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#However, authorities said the purpose of the ban is to help “reduce the possibility for crowding and the potential for exposures in settings where people are not wearing their face coverings.”

#Regardless, there is still an overriding regional stay-at-home order, which impacts four out of the five regions in the state, that limits restaurants and bars to takeout and delivery service only.

#Representatives for the #California #Restaurant #Association did not immediately respond to FOX #Business’ request for comment.



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https://www.foxbusiness.com/lifestyle/la-dining-ban-can-remain-in-effect-until-feburary-appeals-court-rules

#dining #ban #remain #effect ##February #appeals #court #rules

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