California Appellate Tracker

Midway Venture LLC v. County of San Diego (2021)

January 27, 2021

This decision reverses a preliminary injunction against the county’s implementation of COVID-19 health protocols that shut down restaurants, and particularly, those like plaintiff’s restaurant that provided nude or semi-nude adult entertainment with their restaurant services. The preliminary injunction violated due process in banning all restrictions on restaurants generally, when the complaint and preliminary injunction papers were limited to First Amendment based challenges to restrictions on nude adult entertainment. Also, the injunction was improperly vague in banning “protocols no greater than is essential to control spread” of the virus. The injunction provided no standards by which to judge whether a protocol was “essential” to control spread of the virus.

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Midway Venture LLC v. County of San Diego (2021)

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