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Great Seal of California. (Photo: ca.gov)

New Lawsuit Challenges Authority of CA Gov. Newsom, AG Becerra and Mayors on Rights of People to Work

Coalition of ‘nonessential’ small businesses claim shelter-in-place orders are unconstitutional

By Katy Grimes, April 26, 2020 10:39 am

A new lawsuit filed in federal court Friday challenges the authority of California Gov. Gavin Newsom, Attorney General Xavier Becerra, the state’s public health officials and Los Angeles Mayor Eric Garcetti to decide which businesses are “essential” and “non-essential” with regard to business closure orders and the state-imposed lockdown over the coronavirus scare.

Great Seal of California

The Dhillon Law Group and Geragos & Geragos filed the federal lawsuit Friday on behalf of a coalition of “nonessential” small businesses located in Southern California claiming the shelter-in-place orders are unconstitutional and that they should be allowed to open while staying within federal guidelines for social distancing.

The lawsuit, filed on behalf of Gondola Adventures Inc., Hernandez Productions, Inc., King’s Pet Grooming, Inc., Sol De Mexico, Inc., Wildfire Inc., Ybanz Gonzalez Inc., and Yreka Food Enterprises, LLC, named the following defendants Governor Gavin NewsomAttorney General Xavier BecerraDirector and State Public Health Officer Sonia AngellMayor of Los Angeles Eric Garcetti, and more.

“We’ve got small businesses that have been effectively put out of business or forced to close literally without rhyme or reason,” said Geragos & Geragos principal, Mark Geragos. “Our country was built on the premise of life, liberty and the pursuit of happiness and today in 2020 those freedoms are being stripped away from law-abiding citizens and businesses without rational thought or a rational basis. We filed this action to enforce the Constitution and ask that our Public officials do the same.”

“Several weeks into this COVID-19 shutdown, we are thankful to learn that California is faring significantly better in battling this crisis than some other states. But California is facing a looming economic crisis of tsunami proportions if we don’t get our state back to work, safely and and with prudent health precautions to avoid infection spikes,” said Dhillon Law Group, Inc. managing partner, Harmeet K. Dhillon (@pnjaban). “Different localities are making up different rules, picking business winners and losers, creating an increasingly chaotic and irrational patchwork of regulations that change by the day and don’t keep up with what we now know about the science and the spread of this disease.”

“Even during the Civil War and prior pandemics, suspensions of liberty were limited and tailored to the specific risks at hand. With no attempt at narrow tailoring or even a rational basis to allow some businesses to operate but not others, and no process by which to make these determinations, California’s and Los Angeles’ ongoing business shutdowns fail basic constitutional tests, and must be altered to reflect the changing reality,” said Dhillon.

The case was filed on April 24, 2020 in United States District Court for the Central District of California, Western Division.

Read the lawsuit HERE.

 

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31 thoughts on “New Lawsuit Challenges Authority of CA Gov. Newsom, AG Becerra and Mayors on Rights of People to Work

  1. Glad to see these attorneys taking on the CA governor and all others that are attacking our civil and constitutional rights without a valid reason. The restrictions they impose on our freedoms will leave lifelong scars on many who suffered child and spousal abuses, which have drastically increased since the shut down. Included too are the small businesses that will forever remain closed due to the draconian restrictions placed on the healthy and sick citizens.

    1. It’s time to end the Newsom and mayors power grab. They could care less about us. Now, it’s chance to emulate the their heros’ The chi comm butchers that they’re all in love with. Sue them and lets get back to work. What fool needs a 80 member panel to re-open the state. He did it with a few paragraphs in one day..

  2. 75% of California residents support shelter in place. The vocal few whine about their rights being stepped on. Right to life, liberty and happiness? Then stfu and shelter in place so we don’t infect the vulnerable residents who would also like to keep living. Selfish aholes don’t give a damn about anyone other than themselves. Must be right wingers. They love being victims.

    1. Where in the hell do you come up with the 75% number? You need to un-shelter and rejoin Society. Time to work!!

    2. So live. Stay in your home and collect your government check. Be afraid and spread disinformation and panic via the internet. Shelter in place and wear your mask. Your fear is the true virus.

      1. Our ancestors that built this country would roll over in their graves they faced every horrible disease imaginable, brutal lives no air conditioning indoor plumbing television luxuries and they did this every day of their short lives…. Then we let an elected official destroyed thousands of families for political reasons without a fight… Time to remember The sacrifices that were made to get us here start fighting back

    3. Your probably either A still getting paid working from home or B Getting unemployment which will run out or C, on welfare and food stamps. If its A your one of the lucky ones. Try waiting in a food line and have zero in your bank account with a couple of small children. See how long a stimulus of 1200. to a few thousand last you. We haven’t seen a dime in 2 months now and will be loosing our small business that we have worked years for ! Stay home if you want to no one is telling you to go out. But the healthy need to work it is our right !

      1. I have a child that has a compromised immune system and is in a high-risk group. The fact is if you all go out and resume life as normal you put everyone who is at high risk in danger when you contract the virus and flood the hospitals.

        You can thank the idiots in Congress, and particularly the ass in the White House, for giving your stimulus money to the wealthy who don’t need it. It is just more trickle-down BS from an administration that doesn’t give a shit about anyone or anything but lining their pockets.

    4. Source for your 75% figure? Of course that’s not true like everything you said. Typical liberal. Well guess what? Facts don’t give a shit about your feelings snowflake. It’s time to go back to work. People need to feed their families. If you want to stay quarantined then do it. Otherwise, reinsert your tampon and STFU.

      1. I’d Like to Live is getting that 75% figure from a recent phony California PPIC poll.
        PPIC polls are famous for trying to shape opinion, not reflect it.
        And in this case, trying to squelch dissent and keep the lie going as long as possible so people will conform.
        See how some people are quoting the number? As if it has some kind of status of authority?
        Never mind, seeing all these wonderful comments and looking out there at what is happening now, it sure seems as though we’re going to be all right when the dust settles, folks. Knock wood! 🙂
        May God bless and help everyone who is struggling now through no fault of their own.

    5. Fuck you!! You stay at home and cower then. The rest of us are going to get on with our lives.We don’t get a check from the nanny state Don’t need some government ninny or you telling me to give up my life because a few people got sick. And the studies prove the virus has been around for months, Did I mention fuck you and your whiny ass?

    6. You’re a disgrace. And woefully lacking the real information and numbers regarding “COVID”. Stop listening to the brainwashing. Imbecile.

    7. You must be a taker that wants the rest of us to take care of you. Wake up. That’s not possible! Stay home if you are in a risk group or feel unsafe. You are the one that is selfish and don’t give a damn about the lives of others. You might not get COVID-19 but if the world economy goes to hell then I’m not sure what kind of life you are living for. You call names to deflect the real poser – YOU!

  3. I agree that all business should be shut down except those that deliver food or have anything to do with food. Why are we getting everything delivered that is not food. I can still get cloths, stuff for may house. That are not essentials, but we get them. I can still get stuff delivered or picked up at Target, kohl, Walmart, Bed bath and beyond. Those are not essential but the small mom and pops can not do the same. This is not fair.

    1. Exactly what isn’t fair? To have our freedoms and liberty taken from us isn’t fair! Stay home if you feel unsafe. Continue to order online. The world must go on for all of us, not just the folks that think that the “government” (aka the rest of us) can take care of you. Remember to a hammer everything is a nail … doctors perspectives are solely health related but big problems are complicated and require a complete picture to properly address them sanely. Enough is enough. We’ve flattened the curve. Turn the page!

  4. Then you stay home and live off the government. Just because you’re unmotivated and a blind liberal sheep doesn’t mean the rest of us are. Since were making up bs numbers, 95% want this lock down ended.

  5. If you are sick, vulnerable or at risk, stay home! All others should be allowed to work while practicing social distancing. It’s really not that hard to understand. Fear is the greatest virus.
    It’s quarantine if you are sick…it’s house arrest if you are not sick!
    All business needs to open. The government is not meant to support all…we cannot continue to go into debt for our children and grandchildren’s futures.

  6. We are like frogs in a boiling pot. Our problem is not COVID19 it is the politicians. Inaccurate death reportings, unconstitutional restrictions, Re open our state turn off mass media and that see where it takes us I don’t want a hand out I want my freedom

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