A lawsuit filed on behalf of two central California establishments argues that Gov. Gavin Newsom has overreached with his "Blueprint for Reopening" plan and should be prevented from restricting how businesses operate due to the state’s separation of powers doctrine.
“We’re asking for a preliminary injunction to provide immediate relief to Ghost Golf and Sol y Luna—the two businesses we represent in this suit,” Luke Wake, an attorney in the Pacific Legal Foundation’s separation of powers practice group, told the Northern California Record by email. “Specifically, we argue that Ghost Golf should be allowed to re-open and that the Governor should be enjoined from enforcing restrictions limiting business operations as a matter of separation of powers.”
In the case, Ghost Golf, Sol y Luna, et al. vs. Gavin Newsom, Xavier Becerra, et al., the Fresno County Superior Court on Dec. 16 heard arguments on the plaintiffs’ motion for a preliminary injunction and the defendants’ opposition to the motion.
“This continuing exercise of one-man rule violates separation of powers because only the Legislature is allowed to make these kinds of fundamental policy determinations under the California Constitution,” the suit states.
Under the state’s restrictions, Ghost Golf in Fresno has been shut for all but four days since March 19, Wake said, and Sol y Luna in Bakersfield is limited to take-out orders, which is comparably unprofitable to when it was limited just to patio seating.
In many parts of California, businesses have sought relief from reopening restrictions.
“We want an order from the court preventing continued enforcement of the Blueprint regime against our clients,” Wake said. “Specifically, we want the Court to rule that the Governor lacks authority to make law micromanaging the California economy—picking winners and losers.”
The judge has taken the arguments under advisement; it’s not known when a ruling on the motion will be issued.
“The state is defending against this suit as we have all others, staying laser focused on protecting Californians’ health and safety within the legal authorities available to us,” a spokesperson for the Governor’s office said in an email response to the Record.
“The Legislature cannot write the Governor a blank check to simply make-up rules,” Wake said. “Even in a pandemic, the Constitution still matters.”