Seaplane Adventures, LLC v. County of Marin, California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SEAPLANE ADVENTURES, No. C 20–06222 WHA Plaintiff,

ORDER GRANTING

v. SUMMARY JUDGMENT

FOR DEFENDANT AND

COUNTY OF MARIN, CALIFORNIA, AGAINST PLANTIFF ON

EQUAL PROTECTION AND

Defendant. SECTION 1983 CLAIMS

15 INTRODUCTION In this constitutional case brought by a seaplane operator for enforcement of a COVID-19 health order against it, defendant county moves for summary judgment. For the reasons that follow, summary judgment is GRANTED for defendant and against plaintiff on the equal protection and Section 1983 claims. STATEMENT This civil action arises out of the COVID-19 pandemic. In essence, plaintiff seaplane operator, Seaplane Adventures, LLC (“Seaplane”), claims that Marin County shut it down using a health order allegedly preempted by federal aviation law and in violation of its constitutional rights. 1. THE COUNTY’S RESPONSE TO THE…