By CBSLA Staff

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.

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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”.

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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.

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