Some San Diego restaurants reopen despite legal uncertainty

SAN DIEGO (AP) — Eggs, waffles and burritos flew out of the kitchen Friday at The Old Townhouse, a 45-year-old institution in San Diego's Ocean Beach neighborhood that immediately resumed indoor dining when a judge cleared the way for restaurants in the state's second-largest county to ignore Gov. Gavin Newsom's stay-at-home orders.

“That's a powerful statement,” owner Ted Caplaneris repeated as he plucked lines from his creased printout of Superior Court Judge Joel Wohlfeil's ruling and read them aloud.

Other eateries in the neighborhood known for their laid-back surfer vibe remain closed, illustrating the difficult choice facing restaurants as they weigh whether to reopen for what could be a short reprieve.

Newsom immediately appealed after a brief hearing Thursday in which the judge clarified that his ruling a day earlier applied to all restaurants in San Diego County, not just the two strip clubs that serve food and sued in October.

The ruling allows restaurants to establish their own safety protocols. “San Diego County businesses with restaurant services” are exempt from shutdowns and “any related orders” and must abide by protocols necessary to control the spread of COVID-19, the judge said.

It was the biggest victory yet for California businesses fighting health orders they say have crippled them financially, though a setback on appeal could quickly force them to close again after stocking up on food and bringing back staff just before Christmas.

The decision to reopen was easy for The Old Townhouse, which spent more than $5,000 on safety measures including plastic shields between indoor booths and tents on the neighborhood's palm tree-lined commercial drag for outdoor seating.

“It was a great relief because I have a hard time paying the...