This Tuesday, Dec. Marcio Jose Sanchez, a judge on Tuesday condemned a blister on Los Angeles County public health officials in a race to control the spread of the file / AB Sacramento – Govt-19, announcing an indefinite ban on outdoor dining “at the end of last month” and urging the emergency department to do so. “The restaurant closure order is an abuse of the department’s emergency powers, not based on science, evidence or logic, and should be ruled ineffective as a matter of law,” said Los Angeles High Court Judge James C. Provisional ruling handed down Tuesday to the California Restaurant Association’s legal challenge. The interim ruling to block the indefinite ban will not have immediate practical consequences for Los Angeles-area restaurants because the county is now under a temporary accommodation order tied to the region’s rapidly declining ICU capacity. But it also marks a symbolic and legal victory for those who challenge the emergency powers flexed by state and local authorities – and a rare setback for public health officials facing a worse crisis. The judge’s 73-page assessment found that the county had failed to justify its decision to close outdoor dining or to conduct the necessary risk-benefit analysis of the regulation. Explosion information provided to the court showed that only 3.1 percent of cases found in bars and restaurants were in non-residential explosion sites, most of which were chain / fast food restaurants, and almost exclusively related to employees rather than customers. The county’s logic behind the closure “ignores the external nature of the process, which the CDC claims is only moderate risk.” LA County Public Health Director Barbara Ferrer, who was named in the case, declined to comment on the case when asked during a conference on Monday. A Los Angeles County spokesman said Tuesday that “Los Angeles County is committed to protecting the health and safety of its residents from a deadly virus that has killed nearly 8,000 of our friends, family and neighbors, and has infected more than 450,000 people in LA County.” The county district, which has more than 10 million residents, reported 8,547 new cases on Tuesday alone. Its five-day average shot was nearly 9,000, more than double the five-day average after Thanksgiving sparked local order. The county also announced that for the first time daily hospital admissions exceeded 3,000. California Health and Human Services Agency Secretary Mark Galli on Tuesday agreed that the state’s regional ban on outdoor food should do more to prevent meetings and restrict movement than activity. “The decision to restrict outdoor dining in other sectors – and instead return to restaurants to offer and serve takeout options – should actually be made with the goal of trying to keep people at home, not the concept of comparative safety of outdoor dining,” he told a news conference. We & # 39; ve worked hard with that industry – setting more tables, ensuring that concealment happens as much as possible, and creating opportunities for air circulation to continue – all of those factors create areas such as outdoor risk, ”he said. On Tuesday, 23,727 new cases were reported on Monday – up from 11,000 two weeks ago – a seven-day positive rate. 10.1 percent. Hospital admissions increased by nearly 71 percent over the two-week period and intensive care unit admissions increased by 68.7 percent. Explosion Case Number The government Gavin Newsom last week issued a new shelter order that divides the state into five regions and imposes new restrictions, including the closure of outdoor dining based on regional ICU enrollment rates. State health officials moved two areas of Southern California and the San Joaquin Valley to new locks Sunday evening when their ICU capacity dropped below the 15 percent threshold. Although the region’s capacity has risen by 24.5 percent, five Bay Area districts and the city of Berkeley have moved ahead to comply with the order until Jan. 4. Areas to comply with the new order must do so for at least three weeks. “Right now, every action – every action I have to say – can be done differently, it can keep us in our homes without mixing with others, it is safe,” he said. “These will be tools that will help us get under control.” But Galle did not directly mention a reporter’s question about the Los Angeles judge’s request, which shows that outdoor eating is more dangerous than other outdoor activities that are still allowed. U.S. Assistant Secretary of Health for Health and Human Services Brett Giorgio told Fox News Monday that he “did not find any data that says you should close outdoor food or outdoor liquor stores.” Galli noted that the order also allows for more restaurant pickup distribution, and reiterated that “now is not the time to spend extra time outside your home, mixing with others and spreading the disease far and wide.” He said if the restrictions continue “for a short time”, the outdoor diet will be reduced enough to resume. He said: “We look forward to going beyond the upsurge. The industry and many sectors will reopen to business and go beyond what we are now.” The California Restaurant Association tried to block it before the county order went into effect last month. Sulfont denied the request, but eventually ordered the district to submit evidence to support its decision. The restaurant business group argued that the rule was arbitrary and unfair to businesses that invested in outdoor dining areas to mitigate the epidemic. “Numerous times in recent weeks, we have heard public health experts say that the main sources for the spread of the corona virus are now holiday meetings and other private, home events, which are unregulated,” said Jodh Conte, president of the association. Tuesday. “Without evidence, it’s unacceptable that the county could close businesses completely and lay off thousands of restaurant employees during the holidays.” Legislator James Gallagher (R-Nicholas) likened the Los Angeles court ruling to a lower court ruling, in which he and Kevin Kaylee (R-Rocklin) filed a lawsuit challenging NewSom’s use of emergency powers to shape the November election. Sutter County High Court Judge Sarah Heckman admitted that NewSom violated its powers. Newsom appealed, and the case is being argued in the California Court of Appeals. “There has to be a connection between what you command and what actually stops the virus from spreading,” Gallagher said. “This is an indication that the Judiciary Branch is finally beginning to verify these emergency powers, and they should do so. We all agree that this is a serious epidemic and urgent responses must be taken, but that does not mean that we are undermining the foundations of our democracy.”