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 (from Petition)

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.

Question Presented (AI Summary)

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

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