Friday, January 22, 2021

Court dismisses CA county's anti-lockdown suit

San Bernardino County sues Gov. Newsom to stop coronavirus lockdown | San Bernardino Sun - Ryan Hagen: 

December 15, 2020 - "San Bernardino County is going to the California Supreme Court in an attempt to stop the stay-at-home order that went into effect in Southern California on Sunday, Dec. 6. In a lawsuit filed directly to the state’s top court late Monday night, Dec. 14, the county argues that Gov. Gavin Newsom had no authority to ban all gatherings except protests and religious services, close many businesses designated as nonessential, end in-person dining at restaurants and cap restaurant’s occupancy at 20%. It asks for a decision by Monday, Dec. 28, when the three-week stay-at-home order is set to either expire or be renewed.

"Newsom’s press office did not respond to an email seeking a response to the lawsuit or the legal authority for the orders.

"Not only does the county think those closures lacked legal authority, it thinks they hurt businesses while only worsening the spread of the novel coronavirus, said Curt Hagman, chairman of the county Board of Supervisors.

"'We feel that we in local government have a better feel for what would work in our communities,' Hagman said in an interview Tuesday. 'When you say people can’t go to restaurants, stores, churches, you’re basically forcing people indoors.' And indoors is where the virus spreads worst, especially if people aren’t wearing masks — which authorities can’t realistically force people to do inside their home, Hagman said.

"In announcing the stay-at-home order — which went into effect when a region has less than 15% of its intensive care unit capacity remaining and last at least three weeks — Newsom said it was necessary to slow the spread of the coronavirus. The virus has spread rapidly since."

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California Supreme Court denies San Bernardino County’s lawsuit to overturn stay-at-home order | East Bay Times - Steve Scauzillo:

January 14, 2021 - "The California Supreme Court ruled against San Bernardino County on Wednesday, Jan. 13, denying its petition to overturn the state’s current stay-at-home order, court records show.... San Bernardino County filed a lawsuit Dec. 14 arguing the order — intended to slow the spread of the coronavirus by banning all gatherings except protests and religious services, closing many types of businesses and halting outdoor dining at restaurants — is illegal and an abuse of power.

"Reasons for not granting the county’s petition were not given. 'I am surprised we didn’t get some kind of legal opinion. I expected the Supreme Court would’ve put some thought behind the denial,' said county Supervisor Curt Hagman on Wednesday....

"In December and earlier this month, the county had received supportive court filings from Yucaipa and Chino Hills. The cities agreed with the county that business closures were hurting the livelihood of proprietors, causing joblessness and were not effective in slowing the spread of the virus. The court’s ruling came down a day after Rancho Cucamonga became the third city to join the lawsuit by filing an amicus curiae, or 'friend of the court,' brief on Tuesday, Jan. 12."

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