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Dean Erwin Chemerinsky On The Legal Arguments Behind The Outdoor Dining Ban & Shutdown Restrictions




Outdoor dining in Bonn. Indoor dining is riskier than outdoor meals, say the experts. Outdoor air can disrupt viral particles that have been expelled.
Outdoor dining in Bonn. Indoor dining is riskier than outdoor meals, say the experts. Outdoor air can disrupt viral particles that have been expelled.
Andreas Rentz/Getty Images

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In a recent op-ed in the LA Times, Erwin Chemerinsky, dean of Berkley Law, rebuked a Los Angeles Superior Court judge that issued a tentative ruling against LA County’s ban on outdoor dining.

“Government regulation of business is allowed as long as it is reasonable,” says Chemerinsky in his piece. “The government does not need to prove that an action is necessary, or even that it will work. Unless the government’s action is irrational or serves no conceivable legitimate purpose, it must be upheld.”

Additionally, a San Diego County Superior Court judge ruled yesterday that two strip clubs can stay open during the recent COVID-19 shutdown, ruling that authorities cannot enforce the restrictions on the strip clubs as well as “San Diego County businesses with restaurant service.” What would this mean for restaurants that might try to reopen during the shutdown?

Today on AirTalk, we’re joined by Erwin Chemerinsky to hear more about his position. Do you have legal questions regarding the outdoor dining ban? We want to hear from you! Give us a call at 866-893-5722.

Guest:

Erwin Chemerinsky, dean of Berkeley Law and formerly founding dean and professor of law at University of California, Irvine School of Law (2008-2017)