Bolstered by a Los Angeles judge's ruling that limits the ban on outdoor dining, some Bay Area restaurant owners are getting ready to head to court themselves.
Corey Katz, owner of Bar Cava in Martinez, is getting ready to file a lawsuit with other restaurant owners challenging Contra Costa County's ban on outdoor dining that went into effect Sunday even before a state order.
He worries the new rules won't end in January as planned.
"I think we’re going to see higher surges - and it won’t be the fault of restaurants, this will be our proof - because people are still going to gather for Christmas," he said. "Then what’s going to happen is it’s going to go out another three to four weeks. So we’re talking February."
With outdoor dining, Bar Cava is able to pull in a few thousand dollars in revenue each day, but the last time he was restricted to takeout only, his revenue plummeted to just $200 a day.
In addition to the lawsuit, he is considering protesting the order by serving sit-down dinner on Friday evenings from 6 p.m. to 9 p.m.
"We’re legally allowed to protest, up to 100 people. When I talk to the police department I will have no more than 25 people and I will make sure it’s a peaceful protest against the health order," he said. "There’s places out here and elsewhere that are not going to close, so I’m going to see how it goes this week.”
A judge ruled that Los Angeles County’s ban on outdoor dining can stay in effect until December 16 as planned, but cannot be extended unless the county demonstrates the benefits outweigh the risks.
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