Court Cases

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The State of California is putting our Small Business owned Restaurants out of Business with the unfair Covid-19 Restrictions.

The California Constitutional Rights Foundation, a dba of Poll Watchers is taking the lead with courageous restaurateurs in Nevada county are leading the fight to help Sacramento understand that there must be a solution to the virus that get restaurants open again.

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“ONE SIZE FITS ALL” DOES NOT WORK FOR CALIFORNIA

 

Sacramento does not understand, California is at an economic crossroads and a “one size fits all” approach is not working.  Even where lockdown restrictions are the most draconian virus spikes are happening and the politicians in Sacramento have no answers for the problem.

 

Where the virus impact is minimal the same restrictions are being imposed without regard to there effectiveness.  Restaurants are being prohibited from dining in service without any science showing that this action has any impact on the spread of the Covid 19.  Restaurants are not able to sustain themselves with outdoor dining and once the weather turns, they will be out of business.

 

The California Constitutional Rights Foundation, a dba of Poll Watchers is taking the lead with courageous restaurateurs in Nevada county are leading the fight to help Sacramento understand that there must be a solution to the virus that get restaurants open again.

 

The specific intent of this action is to modify the “one size fits all” approach that has been displayed by the Sacramento establishment.  Sacramento has treated the smaller, less impacted rural counties disproportionally harsh, closing the rural counties and allowing counties such as Orange and San Diego to continue to operate their businesses, particularly their restaurants.

 

Nevada county population is approximately 99.7% virus free after 6 months of lockdown, opening and then lockdown again.  Even while other counties in the state experienced spikes in coronavirus infections, Nevada county has not experienced an infection spike. To date the county has experienced 2 death and a little more than 350 confirmed case.

 

The need is great for a legal solution. Restaurants will not survive the snow and rain months if relief is not forthcoming.

 

This case would be filed in the Eastern District of California in Sacramento. 

 

Potential Causes of Action:

 

  1. Equal Protection (14th Amendment to the United States Constitution)
  2.   (Art. 1, Sec. 7- Constitution of the State of California)
  3. Commerce Clause (Art. 1, Section 8, clause §3- United States Constitution)
  4. Substantive Due Process (14th Amendment to the United States Constitution)
  5. Procedural Due Process (14th Amendment to the United States Constitution)
  6. Right to Travel (Privileges & Immunities clause-14th Amendment to the United States Constitution)
  7. Violation of Civil Rights (42 USC 1983)
  8. Failure of the California Legislature to act. (Art.4, Sec. §8- Constitution of the State of California)
  9. Declaratory relief
  10. Injunctive relief