The Los Angeles County Department of Public Health or Public Health March 3, announced that the Court of Appeal recognized that during a pandemic, it is vitally important for public health officials to quickly take affirmative measures to reduce transmission of COVID-19, in order to combat an ongoing surge of COVID-19 cases and hospitalizations. The Court acknowledged that Public Health recognized that while temporarily restricting outdoor dining at restaurants would have an economic impact, the restriction was an appropriate exercise of public health discretion because dining with others creates a circumstance where non-household members are gathering in close proximity with each other without COVID-19 infection control precautions, such as face mask, thereby increasing the risk of transmission. Importantly, the Court of Appeal found that the trial court stepped outside of a court’s appropriate role by “mandating a nebulous risk-benefit requirement” on public health decision-making. This ruling will help public health officials continue to protect the health and safety of all Californians.
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