Outdoor Dining

An appeals court in California overturned a ruling that blocked LA County’s ban on outdoor dining, finding that courts should be “extremely differential to public health authorities, particularly during a pandemic.” The county recently lifted its prohibition on outdoor dining, but as conditions may change and the ban may be reimposed, the court ruled the consolidated cases are not moot.

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Axes and Alcohol

A federal court in New York denied a hatchet-throwing bar’s request for a temporary injunction to prevent the state from enforcing Covid-19-related restrictions that allow it to continue to serve food and alcohol but do not permit axe throwing. The court ruled the bar cannot succeed on its equal protection claim because it isn’t “sufficiently similar” to bowling alleys and casinos, which are currently allowed to operate.

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Covid-19

A federal judge ruled that Indianapolis bars and nightclubs cannot sue the city for enforcing a county-wide public health order prohibiting public gatherings in order to prevent the spread of Covid-19. The city cannot be held responsible for an order it did not issue, without evidence that the city worked in conjunction with the county to impose restrictions on nightlife establishments.

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