Monday, 23 November 2020 22:49

CA Gov’s New Restrictions to Face Legal Challenges as Counties Join Forces to Reject Orders

Written by Bethany Blankley, The Center Square


California Gov. Gavin Newsom placed a 10 p.m. curfew on counties recording higher number of COVID-19 cases using the state’s limited stay-at-home order, despite having a permanent injunction issued against him by a Superior Court judge from doing so.

The curfew affects counties in the state’s “purple” COVID-19 tier, part of the governor’s color-coded “Blueprint” for reopening the state. Purple indicates the most restrictions on which activities and businesses are permitted, according to the governor. Currently, 41 out of 58 counties fall in the purple tier.


The curfew announcement comes after Newsom was seen on video published by a local news channel attending a crowded birthday party for a lobbyist at the French Laundry, a $350-per plate restaurant in Napa, and after he continues to argue public schools must remain closed while his children have returned to their in-person instruction at their private school.


“As he ignores his own guidelines, Newsom still refuses to provide evidence they do any good,” argued Rep. Kevin Kiley, one of two state lawmakers who sued the governor and won. “The California Business Roundtable has repeatedly asked him for actual data ‘that would show how business openings have affected COVID rates and transmission,’ and Newsom’s own Health and Human Services Secretary admitted opening schools hasn’t spread the virus.”


According to the New York Times, California is one of only a few states with the most severe business closures. According to CNN, California is one of only seven states with a school closure order.


“The good news is the Blueprint is susceptible to a legal challenge under our permanent injunction, which restrains the governor from making ‘legislative policy,’” Kiley adds.


Kiley and Assemblyman James Gallagher are preparing a new lawsuit based on the Superior Court’s ruling.


Newsom’s attorneys submitted a 73-page petition to the Appeals Court with four volumes of appendices, claiming the permanent injunction issued against him "calls into question vast swaths of the State’s emergency response" and threatens to invalidate "dozens of other executive actions."


The Appeals Court issued a stay on the Superior Court’s injunction...

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