What could the San Diego strip club ruling mean for restaurants in California (and beyond?)

Amidst all the news of harsher and harsher restrictions for restaurants nationwide, the industry found glimmer of hope in a surprising place: two strip clubs in San Diego, California. In a whirlwind couple of days, restaurants in the county went from shutdown to fully open back to shutdown, and it might happen all over again this month. Restaurants across the US are now waiting for a San Diego appeals court decision that could turn shutdown restrictions upside down.

What Happened?

On December 16th, San Diego made headlines when the County Superior Court ruled that live adult entertainment could remain open for customers on site, despite the state’s shutdown laws. The ruling was the product of a lawsuit brought to the Court by two San Diego strip clubs, Pacers Showgirls International and Cheetahs Gentlemen's Club, who had ignored governor Gavin Newsom’s shutdown rules and were facing legal action. In response to their lawsuit, San Diego Superior Court Judge Joel Wohlfeil ruled that adult live entertainment is “constitutionally protected speech” and that the effect of closing the businesses on halting the spread of coronavirus was negligible.

But this wasn’t just big news for strip clubs. In a hearing on December 17th, Judge Wohlfiel clarified that "All businesses that provide restaurant service are encompassed within the court order," thereby allowing restaurants across the county to reopen too.

Where Does It Stand Today?

Almost immediately after the ruling a San Diego appeals court issued a stay on Judge Wohlfiel’s ruling, siding with the governor’s shutdown regulations and preventing businesses from opening up. The stay argued that the Superior Court judge didn’t have the authority to overturn state mandated restrictions, and that the ruling would have jeopardized the health and safety of San Diego residents. At the time of writing the stay is still in place, meaning San Diego remains under California’s stay-at-home guidance and that restaurants are only permitted to offer takeaway or delivery services.

What’s Next?

With the case still open, there is still a chance that Wohlfiel’s ruling will be passed. Oral arguments to be heard on January 19th and both sides are expected to fight tooth and nail. If the ruling is upheld, San Diego restaurants would be permitted to reopen for indoor or outdoor dining and manage their own health and safety regulations. 

If a ruling like this were to pass, businesses across California, maybe even in other states, could use the opportunity to petition their own courts for similar exemptions. However, considering the disruption that this would cause to the state’s public health strategy, it’s unlikely California’s Attorney General would let this happen. One thing you can be sure of is that, as we begin 2021, businesses across the nation will continue to look for any opportunity to serve their customers and return to normal