SAN DIEGO COUNTY, Calif. — Several San Diego businesses have joined together to file a class action lawsuit against state and local officials. They're asking that a judge allow them to reopen under purple tier guidelines.
The lawsuit was brought forward by two restaurants and two gyms in the county, alleging violations of constitutional rights and 'irreparable injury' to their businesses.
Businesses include Cowboy Star Restaurant and Butcher Shop, Home and Away restaurant, Fit Athletic, and Bear Republic which are both gyms. Attorneys representing these businesses say they will suffer substantial harm unless a court declares Governor Newsom's plan as 'unlawful.' They're also suing the county of San Diego calling its enforcement of the state's regulations a 'deprivation of rights.'
One of the key points in their lawsuit is that some businesses simply don't have the option to move outdoors, so will be left to close entirely. In court Thursday, a judge allowed a motion of continuance. The plaintiffs are expected to be back in court on Friday.
This all comes as one South Bay city is stepping up enforcement of COVID-19 regulations. The city of Chula Vista says it will no longer take an education first approach in talking with violators of the state's guidelines. They say businesses could see a cease-and-desist letter at their door after their first violation. Local leaders say businesses have had more than enough time to comply and businesses that do not are likely doing so willfully than out of not knowing.
So, the back and forth continues as some businesses say these regulations are unconstitutional just as local government says they'll crack down more.