A San Diego County judge has rejected a lawsuit by local gym and restaurant owners in an attempt to override the state’s COVID-19 emergency business lockdowns under the “purple” tier for pandemic closures.

The purple tier allows only outdoor operations for businesses such as restaurants, gyms, and movie theaters.

The lawsuit was filed by local businesses, the Fit AthleticBear Republic, Cowboy Star, and Home and Away, who sought a temporary restraining order against the state-imposed restrictions that prevent them from operating their businesses indoors.

Superior Court Judge Kenneth Medel denied the request, ruling in late November, “In the court’s mind, the impact on public health of dismantling a portion of the state’s COVID-19 response designed to reduce community spread outweighs the economic harm to plaintiffs at least pending further examination of these issues in any upcoming hearing on preliminary injunction.”

Judge Medel agreed with California Deputy Attorney General Jonathan Eisenberg, who argued that although the state recognizes that businesses are experiencing financial harm, that does not justify reopening indoor service as the pandemic is “spiraling out of control.”

The attorney representing the businesses, Bruno Katz, said restaurants and gyms are being punished despite adhering to the state’s guidelines and said the state’s reopening plan has applied its restrictions to restaurants and gyms in an arbitrary manner, which he claimed wasn’t backed by science, according to Fox News.

The businesses claimed in their complaint that they may be forced to close permanently if indoor operations don’t resume and that outdoor and takeout service will not make up for the economic losses incurred thus far.

This ruling is just another sign that San Diego’s commercial real estate brokers continue to get hit hard because of the COVID-19 pandemic which is continuing to pressure local property owners and businesses who are finding it almost impossible to survive the government restrictions.

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