A San Diego Superior Court judge made it clear Thursday afternoon: A court order he issued Wednesday night preventing state and local officials from enforcing the COVID-19 shutdown at two strip clubs as well applies to all restaurants in the county.
Judge Joel Wohlfeil’s clarification came in response to a morning petition from San Diego state and county attorneys, seeking to clarify the ambiguity of Wohlfeil’s ruling in a case brought by adult entertainment clubs Pacers and Cheetahs.
Wohlfeil wrote that the order applies to both clubs and added the phrase, “San Diego County businesses with restaurant services.” No restaurant was plaintiff in the case.
During a brief hearing Wohlfeil said: “The intention of the court is that all businesses that provide restaurant services in San Diego County are included in the court order.”
The state is appealing the ruling to the 4th District Court of Appeals, according to San Diego County Supervisor Nathan Fletcher and Pacers attorney Jason Saccuzzo. The state is likely to ask for a postponement, withholding the impact of Wohlfeil’s decision until the appeal can be heard.
The judge’s decision means that the restrictions that limited restaurants to providing take-out service are no longer applicable for now. County officials announced Wednesday night that they would no longer enforce restrictions against restaurants and live entertainment venues.
On Thursday, the city of Carlsbad said it would also suspend enforcement of the restaurant-related orders.
The judge said that neither the state nor the county had provided enough evidence to show that restaurants and live entertainment venues operating with security measures contributed to the spread of the disease or the impact on the intensive care units of the children. hospitals, and that the restrictions could not be justified.
While the court order was good news for restaurant owners, who have been hit hard by closures caused by the coronavirus pandemic, several contacted by The San Diego Union-Tribune on Thursday were wary. The owners were surprised by the decision and many were still working out its meaning Thursday.
Of the eight restaurant operators contacted, only one was preparing to reopen.
Nolita Hall, a restaurant / bar that opened 18 months ago in northern Little Italy, will reopen its dining room for indoor dining on Friday. The restaurant will serve a limited winter menu, to reduce food waste should a court appeal force another closure, said Andrew Grantz, director of operations for the owner of Black Swan Hospitality.
“We have made a great effort to make our dining room safe. There are plexiglass dividers between most of the tables and two sides of our building open completely, so in my opinion it’s safe, ”said Grantz. “We are looking forward to the staff coming back in.”
Writer Pam Kragen contributed to this story.
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