Here's a play-by-play rundown of the judge's order allowing strip clubs AND restaurants to resume service in San Diego. The county will try to claw it back but the order is clear: Gov officials are ENJOINED from enforcing the provisions of the cease and desist order!
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You can read the entire order via @KUSINews:
https://www.kusi.com/content/uploads/2020/12/Judge-Wohlfeil-ruling-on-strip-clubs.pdf
My favorite part is seeing the words "OVERULED" AND "WOOTEN" in the same sentence!
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https://www.kusi.com/content/uploads/2020/12/Judge-Wohlfeil-ruling-on-strip-clubs.pdf
My favorite part is seeing the words "OVERULED" AND "WOOTEN" in the same sentence!
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The key factor motivating Judge Wohlfeil in this order is "financial ruin" - Truly restaurants and other services have been decimated by the constant changes and shutdowns. The judge gets it.
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Hijinks ensued seemingly as one of the expert witnesses was asked about whether dancing would making dining any less safe from COVID-19. The sarcasm employed here is not lost on the reader. Is there any logic anywhere in America anymore?!
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The the judge makes clear one element of the case which seems to bother him. THERE IS NO EVIDENCE THAT THESE SERVICES SPREAD THE DISEASE! We've noted that here many times:
https://twitter.com/justin_hart/status/1327694575209652224?s=20
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https://twitter.com/justin_hart/status/1327694575209652224?s=20
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The judge provides a generous swipe at Newsom decrying the constantly changing rules. He frames this as a hostile environment. Plaintiffs are under "constant threat"
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Then - get this - he takes words from Wilma Wooten (our SD health director) herself to demonstrate that closing of restaurants is a BAD thing. I laughed mightily at this part.
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Judge W. then hearkens to the recently decided case against Cuomo by the Catholic church. This choice clip from Gorsuch.
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He goes on to note that people rely and provide for their family with these jobs. Something that @nathanfletcher and Wilma frequently forget. Oh - for sure - nathan wants you eating out of the govt pocket... thats a control mechanism. The judge sees through it.
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The judge throws ANOTHER punch at Newsom for the arbitrary way in which they define "essential" services. A great line here "Characterization of services as non-essential may be politically expedient but, in too many
instances, is practically inconsistent and legally suspect"
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instances, is practically inconsistent and legally suspect"
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If that wasn't enough... the judge calls into question the RIDICULOUS measure Newsom put in place tying openings to ICU capacity. "The Court questions whether there is a rational nexus between the percentage of ICU bed capacity... and businesses with restaurant service."
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And so the judge laid it down. Pacers and Cheetahs can open and SO can all the restaurants within reasonable measure.
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Already - the deep brain of Nathan Fletcher is trying to find a way to shut it all down again.
We're gonna fight hard to stop him. https://twitter.com/nathanfletcher/status/1339403241046433793?s=20
We're gonna fight hard to stop him. https://twitter.com/nathanfletcher/status/1339403241046433793?s=20