A California restaurateur is challenging Gov. Gavin Newsom's coronavirus shutdown restrictions, Fox News reports.
According to the complaint, Angela Marsden, who owns of the Pineapple Hill Saloon & Grill in Sherman Oaks, claims Newsom's orders are overbroad and not based on science. The suit also alleges Newsom improperly allowed an unelected state public health officer to determine which businesses can stay open and which must close without receiving legislative input.
"Defendants, in a gross abuse of their power, have seized the coronavirus pandemic to expand their authority by unprecedented lengths, depriving Plaintiff and all other similarly situated small business owners in California of fundamental rights protected by the U.S. and California constitutions," the complaint, filed Sunday in federal court, states.
The restaurant has been unable to seat customers since an order banned outdoor dining earlier this month. Earlier in the year, Newsom allowed outdoor dining with certain safety measures and permitted limited indoor dining.
Marsden appeared in a viral video earlier this month that showed that next door to her tent and outdoor tables, which are currently banned, there were tents and tables for the production of a television show set up outside in a parking lot.
"In her video, Ms. Marsden displays the hypocrisy, lunacy, and total disparity between her own socially distanced outdoor setup at her establishment juxtaposed by a similarly situated setup containing outdoor tents and chairs associated with the NBC Universal production set for the series 'Good Girls,' which was allowed to proceed as essential work," the lawsuit states.
The complaint contends the reason for the exemptions and different standards "has nothing to do with science and data," and it is based on Newsom and other officials "supporting their campaign donors at the expense of small businesses."
Marsden claims the forced end of outdoor dining has prevented her from recouping tens of thousands of dollars in expenses she incurred by complying with previous orders so she could continue service.
Newsom's office told Fox News the outdoor tables for the television production were permitted because it was not open to the public. The people at the table were already working together.
The suit claims the shutdown violates the First Amendment right to freedom of assembly as well as the Fifth and 14th amendments' right to due process and the 14th Amendment right to equal protection under the law. The complaint asks for injunctions barring the enforcement of the executive and regional orders.
Marisa Herman ✉
Marisa Herman, a Newsmax senior reporter, focuses on major and investigative stories. A University of Florida graduate, she has more than a decade of experience as a reporter for newspapers, magazines, and websites.
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