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Mark's Engine Company No. 28 Restaurant, LLC v. Superior Court of California, Los Angeles County, et al.
Paid petition · Court of Appeal of California, Second Appellate District, No. B309416 · judgment March 1, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the appellate court’s decision improperly expands the holding set forth in Jacobson v. Massachusetts, 197 U.S. 11 (1905), and its progeny, thereby giving states unfettered authority to exercise their emergency powers during a public-health crisis without the possibility of any meaningful review.
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Whether the Los Angeles County Department of Public Health’s order temporarily suspending outdoor restaurant dining violates the First Amendment right to freedom of assembly such that heightened scrutiny must be applied.
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Whether banning outdoor restaurant dining in the absence of any study specifically demonstrating that outdoor restaurant dining contributes to the spread of COVID-19 is narrowly tailored to achieve the government’s legitimate interest in limiting the spread of the disease.
Counsel of record
For petitioner
Mark John Geragos
Geragos & Geragos, APC
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Dec 06 2021Petition DENIED.
- Nov 09 2021DISTRIBUTED for Conference of 12/3/2021.
- Sep 21 2021Petition for a writ of certiorari filed. (Response due October 25, 2021)