A decide issued a short lived restraining order Friday preserving the county and state from imposing cease-and-desist orders barring dwell leisure at two San Diego strip golf equipment.
The golf equipment, Pacers Showgirls Worldwide within the Halfway District and Cheetahs Gents’s Membership in Kearny Mesa, have been served with cease-and-desist letters by San Diego County Public Well being Officer Dr. Wilma Wooten in mid-October.
The membership was working regardless of dwell leisure being forbidden below the present public well being order. NBC 7’s Catherine Garcia has the small print.
The letters focused dwell leisure on the golf equipment, which was forbidden below the county public well being order.
At the moment, a county spokesperson instructed NBC 7 the strip golf equipment may function like eating places – with workers dressed nevertheless they need — so long as there was no dancing, DJing, singing or different types of dwell leisure.
According to court documents, the strip golf equipment reopened their companies, with out objection from the county, 5 weeks earlier than the cease-and-desist letters have been issued. The golf equipment had put collectively a protected operation proposal that included 15-foot buffers between patrons and on-stage dancers, amongst different precautions.
Pacers was hit with its cease-and-desist letter just some days after NBC 7 discovered San Diego Padres outfielder Tommy Pham had been stabbed in an altercation within the membership’s car parking zone.
Dr. Wooten’s letter mentioned SDPD had not too long ago inspected the membership and located that dwell leisure was being supplied.
House owners of Pacers and Cheetahs argued leisure is constitutionally protected speech, and that the cease-and-desist letters violated their proper to due course of.
Dr. Wooten argued her directives, issued amid a public well being emergency involving a communicable illness, have been consistent with Governor Gavin Newsom’s govt order, Authorities Code, and Well being and Security Code, in keeping with courtroom paperwork.
Ultimately Superior Courtroom Choose Joel R. Wohlfeil sided with the membership homeowners, saying Dr. Wooten’s directives have been too restrictive. Choose Wohlfeil additionally dominated the “hurt to plaintiffs if the appliance is denied is larger than the hurt to defendants if the appliance is granted.”
The defendants within the case embody Dr. Wooten, San Diego County, Governor Newsom and the California Division of Public Well being.
Learn the complete restraining order here.