As govt restrictions age... they become closer to takings.
Over time the govt will have to provide data and reasons for their restrictions / closings.
I am sure some cases will be easy, some closer calls and some the govt will lose....
The longer this goes on the more sensible and narrowly tailored these shutdowns will have to be.
Right now... I don't see how CA can be closing small businesses without providing data showing that Covid is being spread in significant numbers and at small hair cut stores... or small quite restaurants.
Maybe they have the data? I would like to see it.
But, absent data... I don't think a governor can just declare all hair cuts stores should be closed. Not after he had already shut them down for a few months...
Not while its clear a great deal of our hospitalizations are coming from across the border.
I went to the gym today maybe for the last time for months... Will the gym ever reopen?
I would really like to know if Covid is being spread at gyms. I think it could be.... but what I think does not really matter.
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Shouldn't we all have that data by now? Is that not what testing and tracing should be showing? Isn't this the job for a good govt? Now even if there is some spread in a few gyms should the Governor be allowed to order all gyms?
As we have seen with rulings in other courts, judges do not alway rule in favor of Constitutions, whether State or Federal. Regardless of what courts may say, these restrictions are unconstitutional.