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LA Judge Declines To Issue Court Order In Lawsuit Over Outdoor Dining Ban, Says County Should Provide Evidence

LOS ANGELES (CBSLA) - A Los Angeles judge Wednesday again rejected legal challenges against the county's ban on in-person dining.

Superior Court Judge James Chalfant declined to immediately issue a court order in a lawsuit filed by the downtown restaurant Engine Co. No. 28, owned by attorney Mark Geragos, against L.A. County.

The suit challenges the constitutionality of a health order that took effect Nov. 25 banning outdoor dining for at least three weeks to fight the spread of the coronavirus.

In a complaint filed last month, attorneys called the health order by Dr. Muntu Davis "ill-conceived" and that it would potentially " have the unintended effect of further spreading the virus" by forcing businesses to lay off or furlough employees, who would then "further congregate and cluster with family and friends".

RELATED: Beverly Hills Council Adopts Resolution Opposing LA County Health Order Prohibiting Outdoor Dining

While Chalfant declined to take action, the judge set another hearing for next Tuesday, saying he wants the county to provide evidence about the threat of COVID-19 transmission at outdoor dining establishments being used to justify the ban.

Wednesday's hearing was held in conjunction with a hearing in a separate lawsuit on the same topic filed by the California Restaurant Association.

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