Brewery Lodges Complaint Against County of Los Angeles Alleging Restrictions on Reopening Violate the 14th Amendment

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Sep 23, 2020, 17:14 ET

LOS ANGELES, Sept. 23, 2020 /PRNewswire/ -- Popular Palmdale brewery Transplants Brewing is threatening to file a lawsuit to force the County of Los Angeles to permit its brewery to open with outdoor service just like other restaurants, wineries, and bars with on-site kitchens. The prospective lawsuit will allege that the county's order requiring food to be prepared on-site as a condition of reopening violates the brewery's Constitutional rights to due process and equal protection.

To protect the public from COVID-19, but allow businesses to reopen somewhat, the State of California issued an order allowing bars and breweries to resume operations as long as food is served. That same order allowed breweries to contract with outside vendors to serve dine-in meals if they operate outdoors.

However, the County of L.A. issued its own more restrictive order that contradicted the state's order by prohibiting breweries from contracting with third-party vendors to provide food. As a result, Transplants has been forced, like many breweries across the county, to offer only takeout and delivery orders, which substantially limits their business.

The PARRIS firm argues the County goes too far with its overreaching restrictions which create an unnecessary distinction of where the food is prepared. The complaint, drafted by The PARRIS Law Firm, states this is a violation of the brewery's 14^th Amendment rights to due process and equal protection as well as the Takings Clause under the Fifth Amendment to the Constitution.

"In creating this order, the County skipped all of the legislative requirements designed to protect businesses and citizens," said Khail A. Parris, of the PARRIS Law Firm. "In creating a distinction within the food service industry between businesses with on-site kitchens and those without, the County in effect gives businesses with kitchens an unfair advantage during this difficult time and the County does this without providing any further protections from COVID-19," Parris added.

In its demand letter to the County, the PARRIS Law Firm argues the order also arbitrarily allows the Department of Public Health to discriminate between types of food that must be included in the same transaction as the alcohol.

The food & beverage industry has been in freefall since COVID-19 restrictions began. The Los Angeles Controller's office states that the City lost more than 50,000 jobs in the food service industry alone due to COVID-19 restrictions.

A copy of the complaint can be found here. A copy of the demand letter can be found here.

About PARRIS Law Firm
The PARRIS Law Firm is recognized as one of America's top personal injury, employment, and environmental law firms. With a proven track record of fighting for justice on behalf of families and individuals, the firm boasts numerous seven and eight-figure verdicts and settlements. To learn more about the firm, please go to: www.parris.com

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Dante Hickles 661.949.2595 | [email protected]

SOURCE PARRIS Law Firm