Cases

County of Los Angeles Department of Health v. Superior Court (2021) __ Cal.App.5th __

In a published opinion, the Second District Court of Appeal has granted GMSR’s petition for a writ of mandate on behalf of the County of Los Angeles and its Health Officers. 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.

See the Court of Appeal Opinion.