On December 8, 2020, a team of Ellis George attorneys representing the California Restaurant Association convinced Judge James C. Chalfant that Los Angeles County’s outdoor dining ban should not be allowed to stand. Specifically, the Court held that when Los Angeles County Department of Public Health banned all outdoor dining on November 25, 2020, the County did not have any evidence linking outdoor dining to an increased risk of COVID-19 transmission. The Court also specifically held that the County had not conducted any risk-benefit analysis before entering its order. As a result, the Court preliminarily enjoined the County from further enforcing its November 25, 2020 restaurant closure order without first conducting an adequate risk-benefit analysis and disclosing that analysis to the public.
As part of a comprehensive showing, the Ellis George team introduced several declarations from expert witnesses who testified that there was no substantial risk of COVID-transmission posed by outdoor dining, and that such minimal risks were insufficient to outweigh the substantial harm to the already-ailing restaurant sector, which was forced to completely shut down dine-in service in Los Angeles County as a result of the outdoor dining ban. Ellis George also introduced dozens of declarations from restauranteurs detailing the devastating effects of the outdoor dining ban on their businesses and staff. In light of Ellis George’s presentation, Judge Chalfant determined that the County had failed to show any contrary evidence about the risk posed by outdoor dining and that by failing to conduct a risk benefit analysis, the County could not prevail even under the highly deferential “arbitrary and capricious” standard.
The Ellis George team was led by Dennis Ellis, Richard Schwartz, and Katherine Murray, and included Carl Roth, Noah Helpern, Ryan Keech, Joachim Steinberg, Daniel Rozenblatt, Nancy Morgan, and David Kim. More coverage can be found via the Associated Press and Politico.
