A judge ruled against against Los Angeles County’s decision to ban outdoor dining for over 30,000 restaurants in the county on Tuesday, stating that county officials “acted arbitrarily,” and that the decision “lacks a rational relationship to a legitimate end.”

UPDATE (4 p.m.): Judge James Chalfant has ruled against the Los Angeles County Department of Public Health’s ban on outdoor dining.

Los Angeles County can no longer extend the outdoor dining ban after the initial deadline of Dec. 16 without conducting the “appropriate risk-benefit analysis.”

Original Post: On Tuesday morning, Judge James Chalfant issued a tentative decision in the lawsuit between the California Restaurant Association and the Los Angeles County Department of Public Health, granting a preliminary injunction against the closure of outdoor dining.

“The County clearly has failed to perform the required risk-benefit analysis,” Chalfant wrote. “By failing to weigh the benefits of an outdoor dining restriction against its costs, the County acted arbitrarily and its decision lacks a rational relationship to a legitimate end.”

However, this decision is not final as of 11:30 a.m. Tuesday, with a formal hearing set for 1:30 p.m. Tuesday. The temporary decision was sent to both parties of the suit in order to review and see where Chalfant stood heading into the hearing.

“The Department’s own data provide no support for the planned shutdown of outdoor restaurant operations,” Chalfant wrote. “The data tracks all non-residential settings at which three or more laboratory-confirmed COVID cases have been identified. Of the 204 locations on the list, fewer than 10% are restaurants. Of the 2,257 cases identified on the list, fewer than 5% originate from restaurants.”

If the temporary decision holds, Los Angeles County would not be allowed to extend the outdoor dining ban after the initial deadline of Dec. 16 without conducting the “appropriate risk-benefit analysis.”

“As part of the risks of the closure, the County could be expected to consider the economic cost of closing 30,000 restaurants, the impact to restaurant owners and their employees, and the psychological and emotional cost to a public tired of the pandemic and seeking some form of enjoyment in their lives,” Chalfant wrote.

Additionally, Chalfant acknowledged that the state’s recently-issued Stay at Home order supersedes the county’s, meaning that he cannot rule against any state order in this case.

See Related: L.A. County Board Of Supervisors Uphold Temporary Shutdown Of Outdoor Dining

On Nov. 24, the Los Angeles County Board of Supervisors voted 3-2 against maintaining the current restrictions instated by the Los Angeles County Department of Public Health to curtail the spread of COVID-19, meaning that the three-week prohibition on in-person dining for the over 30,000 restaurants in the county would begin the following evening.

“I sadly but strongly support moving our restaurants back to take out and delivery,” said Supervisor Sheila Kuehl at the time. 

Kuehl, along with Supervisors Hilda Solis and Mark Ridley-Thomas voted against a motion from Supervisor Kathryn Barger to delay this shutdown, while Barger and Supervisor Janice Hahn voted in favor. 

“I feel this arbitrary and punitive towards outdoor dining in restaurants,” Barger said at the time. “While it is a concern that cases are increasing, it cannot be directly attributed to outdoor dining.”

Santa Clarita City Councilwoman Marsha McLean was one of several individuals to call into the meeting for public comment, calling the proposed shutdown “absolutely unconscionable.”

“By shutting down restaurants one more time in a one-size-fits-all (approach), that is absolutely wrong,” she said at the time. “Please reconsider.”

Over 7,700 written comments had been submitted before the board meeting Tuesday morning, the vast majority of which were opposed to further shutdowns.

“What a disgrace, I can’t believe you are the people that govern us,” one comment read. “You have the power to reverse this disgraceful ‘health order’ and you 100% should reverse it, you haven’t even given the curfew a chance. What a disgrace and how un-American.”

Residents who submitted both written and spoken public comments referred to the shutdowns as a “pattern of abuse,” stating that they are an “ineffective, archaic management tool that only further plunges our society into poverty and despair.”

“This will have a devastating impact on our employees and our business,” small business owner Amanda Georgino wrote in one comment. “Our employees have followed all protocols and luckily we have not had a positive case. Please allow us to maintain at least outdoor dining with the protocols in place. This is not where COVID is spreading.”

KHTS FM 98.1 and AM 1220 is Santa Clarita’s only local radio station. KHTS mixes in a combination of news, traffic, sports, and features along with your favorite adult contemporary hits. Santa Clarita news and features are delivered throughout the day over our airwaves, on our website and through a variety of social media platforms. Our KHTS national award-winning daily news briefs are now read daily by 34,000+ residents. A vibrant member of the Santa Clarita community, the KHTS broadcast signal reaches all of the Santa Clarita Valley and parts of the high desert communities located in the Antelope Valley. The station streams its talk shows over the web, reaching a potentially worldwide audience. Follow @KHTSRadio on Facebook, Twitter, and Instagram.