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In Stunning Rebuke, LA Judge Strikes Down 'Abusive' Outdoor Dining Ban As Lacking 'Science, Evidence Or Logic'

By mell follow mell   2020 Dec 9, 1:38pm 216 views   8 comments   watch   nsfw   quote   share    


A Los Angeles judge has tentatively struck down the county's ban on outdoor dining after the Public Health Department - led by Director Barbara Ferrer - failed to provide a scientific basis for the order.

Los Angeles County Health Director Barbara Ferrer
According to The Real Deal, LA County Superior Court Judge James Chalfant overturned the county's outdoor dining ban which went into effect on Nov. 25, calling it an "abuse" of powers that are "unsupported by any findings."

"The Restaurant Closure Order is an abuse of the Department’s emergency powers, is not grounded in science, evidence, or logic, and should be adjudicated to be unenforceable as a matter of law," wrote Chalfant in a 73-page assessment which found that the county failed to perform a required risk-benefit analysis about the restriction.

As Politico notes, "The tentative ruling to block the indefinite ban won't have immediate practical consequences for Los Angeles-area restaurants, as the county is now under a temporary stay-home order tied to the region's quickly diminishing ICU capacity. But it marks a symbolic and legal victory for those challenging the emergency powers flexed by state and local officials — and a rare setback for public health authorities facing a worsening crisis."

Chalfant also noted in his assessment that COVID-19 cases traced back to bars and restaurants accounted for just 3.1% of non-residential outbreaks, "the vast majority of which were chain/fast food type restaurants," and were almost exclusively between employees rather than customers.

The closure "ingores the outdoor nature of the activity, which the CDC says carries only moderate risk," he added.

L.A. County Public Health Director Barbara Ferrer, who was named in the lawsuit, declined to comment about the case when asked during a briefing Monday. A spokesperson for Los Angeles County said in a statement Tuesday that "Los Angeles County is committed to protecting the health and safety of its residents from a deadly virus that has claimed the lives of nearly 8,000 of our friends, family and neighbors and that has sickened more than 450,000 people just in L.A. County."

The nation's most populous county, with more than 10 million residents, reported 8,547 new cases on Tuesday alone. Its five-day average shot to nearly 9,000, almost double the five-day average for the day after Thanksgiving that triggered the local order. The county also for the first time reported a daily hospitalization tally exceeding 3,000. -Politico

Chalfant's comments come days after a viral video highlighting how arbitrary and absurd restrictions are killing businesses, when the owner of the Pineapple Hill Saloon & Grill pointed out that the city had granted NBC permission to set up outdoor dining tents across the parking lot from her shuttered business - due to the outdoor dining ban.

A GoFundMe was set up for owner Angela Mardsen which is currently over $182,000 as of this writing.
1   Ceffer   ignore (6)   2020 Dec 9, 1:44pm     ↓ dislike (0)   quote   flag      

Doesn't that so called judge understand the CCP KommieKunt imperative that over rules all of our fake constitutional rights? I heard that they make fun of USA for believing in a piece of parchment from 1776.
2   Patrick   ignore (1)   2020 Dec 9, 5:36pm     ↓ dislike (0)   quote   flag      


The outdoor dining ban has caused an uproar in the industry, and that spurred the lawsuit by the California Restaurant Association that led to the judge’s decision.

“The Restaurant Closure Order is an abuse of the department’s emergency powers, is not grounded in science, evidence, or logic, and should be adjudicated to be unenforceable as a matter of law,” Chalfant wrote.

“The department’s own data provide no support for the planned shutdown of outdoor restaurant operations,” Chalfant wrote. The judge noted that of the 204 locations identified by the county as having three or more confirmed Covid cases, fewer than ten percent are restaurants.

The L.A. County Board of Supervisors voted to close outdoor dining for at least three weeks at the behest of county Public Health Director Barbara Ferrer. The ruling went beyond state prohibitions, which have not specifically barred outdoor dining.

So the enemy of the public is LA Public Health Director Barbara Ferrer, and the LA County Board of Supervisors who obeyed her abuse of the department’s emergency powers.
3   Patrick   ignore (1)   2020 Dec 9, 6:03pm     ↓ dislike (0)   quote   flag      

San Francisco restaurants have been devastated by the insane over-reaction to a virus with a 99.7% survival rate:


“It's decimated down here. I mean, the whole time, you're sort of watching this crumble happen,” Mesnick said about the current state of business around SoMa and the FiDi districts.

To describe these former bustling neighborhoods as “decimated” wouldn't be a far stretch either. Based on credit card usage data gathered by Mastercard and shared with San Francisco's Chamber of Commerce, about 293 of 344 (or 85%) of bars and restaurants are presumed closed throughout SoMa, FiDi and their adjoining neighborhoods.
4   Misc   ignore (0)   2020 Dec 9, 11:21pm     ↓ dislike (0)   quote   flag      

So, law enforcement isn't going to arrest political critters for breaking the law.
5   Robert Sproul   ignore (0)   2020 Dec 10, 7:41am     ↓ dislike (0)   quote   flag      

Patrick says
a virus with a 99.7% survival rate


I was recently reminded of the fact that 40% of deaths nationally from COVID-19 were in long-term care facilities.
(That in effect cuts the DEATH TOLL in half when considering what measures to take outside of those facilities.)

So anyway, I am going to just stay the hell out of any damn nursing homes.
6   Shaman   ignore (2)   2020 Dec 10, 8:03am     ↓ dislike (0)   quote   flag      

Patrick says
It's decimated down here

People are always misusing that term. Decimated refers to an old Roman punishment for rebellious troops, where the troops drew lots and every tenth was killed by their own mates. A tenth lost. Deci- mated.
If 85% are lost that’s like eight decimations!
7   FuckTheMainstreamMedia   ignore (7)   2020 Dec 10, 9:07am     ↓ dislike (0)   quote   flag      

Ferrer is also lying. Covid hasn’t sickened 450k people. 80% don’t get symptoms.
8   Ceffer   ignore (6)   2020 Dec 10, 9:42am     ↓ dislike (0)   quote   flag      

"My evil Covid terrorism. It's dying, it's dying!"

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