A three-week ban was placed on outdoor dining in Los Angeles county on November 25, but once the three weeks are up, an LA judge has ruled the decision will have to be reassessed by the health department. Los Angeles Superior Court Judge James Chalfant ruled that the county failed to perform the necessary risk-benefit analysis when the decision was made.
California is currently under a statewide stay-at-home order that urges all individuals to stay at home aside from work, local shopping, and other permitted errands. This means eating out is not currently permitted, and restaurants, breweries, and bars are all offering takeout or delivery only.
ABC7 reported on the ruling in which the judge explained the correct analysis was not done prior to the ban: “By failing to weigh the benefits of an outdoor dining restriction against its costs, the county acted arbitrarily and its decision lacks a rational relationship to a legitimate end,” he wrote. The decision was made in relation to two lawsuits filed by the California Restaurant Association and the owner of the downtown Engine Co. No. 28 restaurant.
Although the outdoor dining ban will be reassessed around December 27, Chalfant did mention in his ruling that California has seen a prominent spike in COVID-19 cases, and while there is a risk associated with restaurant dining, that evidence does not include outdoor dining which the CDC has said poses a lower risk for transmission than indoor dining.
Judge Chalfant’s ruling also comes after many restaurant workers have been posting about their disapproval of the dining ban. Celebrity chef Ludo Lefebvre posted a video on his Instagram page that featured employees of his Los Angeles restaurant Petit Trois talking about how the dining ban will impact them directly.
A post shared by Ludovic Lefebvre (@chefludo)
“Independent restaurants are one of the single largest employer groups in this city. This is the final nail in the coffin of so many, the hammer is your hand!! Outdoor dining is NOT the problem and your colleagues know it,” the caption read in part.
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