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Judge refuses to issue an injunction in restaurant lawsuit

Posted at 11:21 AM, Jan 06, 2021
and last updated 2021-01-07 15:50:34-05

(KERO) — The attorney representing local restaurants in their fight to serve customers is being asked to provide more information before a ruling is made.

Attorney Thomas Anton said the judge denied their request for a temporary injunction Wednesday morning. The judge cited that he didn't believe he had the authority to adjoin an 'emergency order' issued by the Governor. The judge asked Anton to provide further detail to his brief regarding the injunction.

Anton said he argued several cases where that has happened in the past, including cases dating back to the 1940s. He said he has hundreds of examples to cite in his brief.

The judge said Anton can refile the brief with more evidence from previous cases.

The restaurants are suing the governor claiming that his stay-at-home order is unconstitutional. Anton said he was seeking a permanent injunction order forcing the governor to stop enforcement against businesses until a risk-benefit analysis is conducted and approved by the court.

Anton said one frustration he's had with this case has been the difficulty to get before a judge. He said several judges removed themselves from the case because they knew one or more of the plaintiffs.

Anton said he has statements from four medical experts challenging the governor's stay-at-home order that shutdown in-person dining at restaurants in the San Joaquin region that includes Kern County.