Wins

The Court reversed a superior court injunction barring the County from enforcing a Covid-19 pandemic outdoor restaurant dining ban until the County provided the superior court with a “risk-benefit” analysis that the superior court would find acceptable. The Court of Appeal held that the County’s health order was subject to rational-basis review by the courts and easily met that test. The opinion reaffirms the principle that courts should be extremely deferential to public health decisions in the midst of a pandemic. This is a major case for public entities dealing with challenges to many facets of their health orders.

The petition was drafted by GMSR partners Marc Poster and Tim Coates and argued in the Court of Appeal by Tim Coates.

See the Court of Appeal Opinion.