More than 50 restaurateurs in the San Francisco Bay Area are suing California Democrat Gov. Gavin Newsom over his ban on in-person dining.
The restaurant and winery owners say the ban violates their constitutional rights as their businesses lose money, contending that the ban has “no rational basis,” the San Francisco Chronicle reported.
It is the latest lawsuit brought over the restrictions that had covered the state since December when coronavirus cases began to surge.
The Wine Country Coalition for Safe Reopening filed the lawsuit Tuesday against Newsom shortly over a month after intensive care unit (ICU) capacity dropped below 15 percent in the San Francisco Bay Area.
The lack of available beds in ICUs triggered a regional order that banned indoor dining and drinking.
The coalition alleged that Newsom and the state’s public health department had not shown scientific proof that outdoor dining is more dangerous than indoor shopping at a mall or working on a film set.
The group claimed that the state is violating its equal protection laws under the California constitution.
Other restaurateurs have filed lawsuits against Newsom, with several using similar arguments. Angela Marsden, who owns Pineapple Hill Saloon & Grill in Sherman Oaks, California, sued Newsom in late December, the Los Angeles Times reported.