Newsom

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 EXCEL FITNESS FAIR OAKS, LLC, No. 2:20-cv-02153-JAM-CKD et al., 9 Plaintiffs, ORDER GRANTING DEFENDANTS’ v. MOTION TO DISMISS 11 GAVIN NEWSOM, et al., 12 Defendants. 13 I. INTRODUCTION Over the past year, this Court has been presented with unique and novel constitutional issues arising out of the COVID- 19 pandemic. See Givens v. Newsom, No. 2:20-cv-00852-JAM-CKD (E.D. Cal. 2020); Cross Culture Christian Ctr. v. Newsom, No. 2:20-cv-00832-JAM-CKD (E.D. Cal. 2020); Best Supplement Guide, LLC, v. Newsom, No. 2:20-cv-00965-JAM-DKC (E.D. Cal. 2020). Each time the Court has ruled on one of these pandemic-era constitutional challenges, it has emphasized that context is important and bears repeating: across the United States, over 27 million people have been infected with COVID-19 and over500,000 have died. In California, over 3.4 million have been infected

1 Ctrs. for Disease Control & Prevention, “Cases in the U.S.,”…