No. 21-455

Mark's Engine Company No. 28 Restaurant, LLC v. Superior Court of California, Los Angeles County, et al.

Lower Court: California
Docketed: 2021-09-24
Status: Denied
Type: Paid
Tags: civil-rights constitutional-review due-process emergency-powers first-amendment jacobson-precedent jacobson-v-massachusetts meaningful-review narrow-tailoring public-health public-health-crisis
Key Terms:
AdministrativeLaw FirstAmendment DueProcess
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Whether the appellate court's decision improperly expands the holding set forth in Jacobson v. Massachusetts

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the appellate court’s decision improperly expands the holding set forth in Jacobson v. Massachusetts, 197 U.S. 11 (1905), and its progeny, thereby giving states unfettered authority to exercise their emergency powers during a public-health crisis without the possibility of any meaningful review. 2. Whether the Los Angeles County Department of Public Health’s order temporarily suspending outdoor restaurant dining violates the First Amendment right to freedom of assembly such that heightened scrutiny must be applied. 3. Whether banning outdoor restaurant dining in the absence of any study specifically demonstrating that outdoor restaurant dining contributes to the spread of COVID-19 is narrowly tailored to achieve the government’s legitimate interest in limiting the spread of the disease.

Docket Entries

2021-12-06
Petition DENIED.
2021-11-09
DISTRIBUTED for Conference of 12/3/2021.
2021-09-21
Petition for a writ of certiorari filed. (Response due October 25, 2021)

Attorneys

MARK’S ENGINE COMPANY NO. 28 RESTAURANT, LLC, A LIMITED LIABILITY COMPANY
Mark John GeragosGeragos & Geragos, APC, Petitioner
Mark John GeragosGeragos & Geragos, APC, Petitioner