Mark's Engine Company No. 28 Restaurant, LLC v. Superior Court of California, Los Angeles County, et al.
AdministrativeLaw FirstAmendment DueProcess
Whether the appellate court's decision improperly expands the holding set forth in Jacobson v. Massachusetts
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.