Eastbay companies challenge COVID-19 outdoor dining ban

A group of companies in Contra Costa County filed a proceeding against the county’s health department on Friday to overturn the ban on outdoor dining.

Plaintiffs are Oakley’s Providence Bar and Eataly, Martinez’s Barkaba Wine Whiskey and Eataly, Walnut Creek’s Retro Junkie Arcade Bar, and Hercules Bay’s Leila, and their lawyers expect more companies to join. Said that.

Contra Costa County has participated, although the state is not obliged to stop eating outdoors until less than 15% of the ICU beds available in the hospital. By doing so last week, other Bay Area counties To delay the explosive spread of COVID-19.

As part of that allegation, the proceedings quote Contra Costa Health Services’ June order stating that eating outdoors “has a relatively low risk of infection.”

“We used the government’s own words and the findings of their investigation into the motion,” Joseph Tally, one of the plaintiffs’ attorneys, said in a statement.

The proceedings suggest that a ban on outdoor dining would bring “further misery to the already plagued industry” during the busy winter season in restaurants and bars.

Contra Costa Health Services did not immediately comment on this story.

The proceedings follow the initial actions of this week’s rebellion against health authorities in Contra Costa County when 12 restaurants in Danville declared. Despite the county’s latest health orders, they remain open outdoors..

And a judge earlier this week following a similar court challenge in Southern California. Los Angeles County ruled to act “arbitrarily” in enacting its own ban on outdoor dining.. However, the availability of ICU beds in the Southern California region is currently below 15%, and state regulations prevent restaurants and bars from reopening outdoors.

In the Bay Area, about 17% of cumulative ICU beds are currently open, but Contra Costa and several other counties in the area may wait another week or two for the inevitable filling of available beds. Instead, we have now chosen to ban outdoor dining.

Mr. Tally said the judge could rule a proceeding in a local company as early as Monday.

“All laws must have a reasonable basis to be valid,” he said in a statement. “There is no scientific evidence to support the link between the county’s ban on outdoor eating and the Covid-19 epidemic.”

Science says it’s unclear if eating outdoors is at high risk of COVID-19 infection, but state-wide health officials warn that unmasked gatherings of all kinds with people outside the household are unsafe. doing.

At this week’s press conference, California Health and Welfare Director Mark Garry commented that the state’s latest curfew includes outdoor dining as a “relative safety comment” for such rallies. “Not”, “Keep people at home.”

The proceedings quote Ghaly’s statement that there is “no connection” between eating outdoors and “what is considered a significant consequence of COVID-19.” It describes various measures taken by the plaintiff’s restaurant to ensure customer safety, such as physical distance, disinfection, and temperature checks.

“Since the start of the pandemic on their knowledge, there has been no traceable single COVID-19 case in the plaintiff’s restaurant,” the proceedings said.

The county task force assesses fines imposed on companies that violate county health orders.

Last month, some gyms in Contra Costa County I was fined for violating the rules, And a local prosecutor’s spokesman said last week that criminal accusations may be considered.

Staff writer Nate Gartrel contributed to the story.

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