LOS ANGELES - A Sherman Oaks restaurant that went viral after its owner posted a video that showed an outdoor catering setup near her business is now listed as a plaintiff in a lawsuit against Governor Gavin Newsom.
According to a court document, the restaurant, Pineapple Hill Saloon & Grill, argues the business had been "unable to fully utilized its leased property by serving dining opportunities to the general public" due to the county and state’s ban on outdoor dining. However, 20 feet away from the restaurant, "a major Hollywood production" was spotted putting together a catering setup and "was permitted to serve meals to its team of employees and contractors," the restaurant said in a court document.
The restaurant – represented by attorneys Geragos & Geragos, APC and Dhillon Law Group, Inc. – called Gov. Newsom’s COVID-19 restrictions "a gross abuse of power" in the court document.
The restaurant argued in the court document that Gov. Newsom’s executive orders and the state’s enforcement of the orders "violate substantive and procedural rights protected by the Due Process Clauses of the Fifth and Fourteenth Amendment."
The latest development comes just days after a Los Angeles judge sided with restaurants over Los Angeles County's outdoor dining ban, arguing the county "acted arbitrarily" and "failed to perform the required risk-benefit analysis."
However, the judge noted that due to the state's overriding regional stay-at-home order, restaurants can't necessarily bring back the outdoor dining option, as of Monday.
As of Monday, the Southern California region is currently under Gov. Newsom's strict stay-at-home order after SoCal's ICU capacity well dropped below the 15% threshold necessary to trigger the state order earlier in the month. With the regional stay-at-home order, SoCal restaurants are restricted to takeout and delivery service only.
The Southern California region consists of Los Angeles, Orange, Riverside, San Diego, Imperial, Inyo, Mono, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties.
Below is a copy of the court document filed by the restaurant's attorneys: