SoCal 'Nonessential' Businesses Sue Over 'Shelter in Place' Orders
"These policies, as well-intentioned as they may be, have had an unlawful and disparate effect on some people and their businesses over other people and their businesses to the point where life, liberty and the pursuit of happiness has been ripped away from law-abiding citizens and businesses," wrote lawyers at Geragos & Geragos in Los Angeles and the Dhillon Law Group in San Francisco.
April 24, 2020 at 07:05 PM
3 minute read
A group of Southern California businesses deemed "nonessential" under state and local shelter-in-place orders have sued, claiming the rules are unconstitutional and that they should be allowed to resume operations while complying with federal guidelines for social distancing.
Lawyers at Geragos & Geragos in Los Angeles and the Dhillon Law Group in San Francisco filed suit Friday in U.S. District Court for the Central District of California on behalf of businesses including restaurants, a company that handles lighting effects for Hollywood, and a mobile pet groomer. The suit, which appears to be the first mass action brought in California on behalf of business challenging government public health orders, claims that the implementation of the rules meant to stem the tide of the COVID-19 pandemic has violated the due process and equal protection clauses of the Fifth and 14th Amendments.
"Plaintiffs aver that all businesses in the State of California are 'essential' to the health, welfare and well-being of its citizens, and that the general health outcome sought through the passage of these Orders (i.e. lowering the curve of the Wuhan Coronavirus) could be accomplished through less restrictive means," the plaintiffs lawyers wrote.
"These policies, as well-intentioned as they may be, have had an unlawful and disparate effect on some people and their businesses over other people and their businesses to the point where life, liberty and the pursuit of happiness has been ripped away from law-abiding citizens and businesses," they wrote.
A representative of California Attorney General Xavier Becerra, who was named in his official capacity in the suit alongside Gov. Gavin Newsom, referred a request for comment to the governor's office. Representatives of the governor didn't immediately respond to messages Friday afternoon. The suit also names the State Public Health Officer Sonia Y. Angell, Los Angeles Mayor Eric Garcetti, as well as local officials in Los Angeles, Ventura, Orange and Riverside Counties.
According to the lawsuit, the forced closings of business deemed nonessential during the pandemic effectively amount to a "partial" or "complete" taking in violation of the takings clause of the Fifth Amendment of the U.S. Constitution.
"Taken together, defendants' orders have caused widespread and catastrophic damage to the California economy through the government-mandated closure of not only plaintiffs' business, but millions of other 'non-essential' businesses across California," wrote the plaintiffs lawyers. "As a result, plaintiffs have faced numerous difficulties with respect to their financial obligations, have been forced to lay off significant numbers of their employees, and face a very real and a very existential threat to their collective survival and business operations."
The suit seeks a declaratory judgment that the state and local health orders violate the California and U.S. constitutions and an injunction barring enforcement of the orders "unless they are issued in accordance with all procedural and substantive due process requirements of the U.S. Constitution."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSettlement Negotiations Taking Shape in Class Action Against Poppi Prebiotic Sodas
2 minute readK&L Gates Secures $10.5M Verdict for Washington Meat Retailer in Lawsuit Over 'Boneless' Chicken Product
'Black Box': Food Delivery Platform GrubHub Hit With Class Action Targeting Its Use of TikTok Software
Trending Stories
- 1Tuesday Newspaper
- 2Judicial Ethics Opinion 24-85
- 3Decision of the Day: Administrative Court Finds Prevailing Wage Law Applies to Workers Who Cleaned NYC Subways During Pandemic
- 4Trailblazing Broward Judge Retires; Legacy Includes Bush v. Gore
- 5Federal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250