Seaplane Adventures, LLC v. County of Marin, California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SEAPLANE ADVENTURES, LLC, Plaintiff, No. C 20-06222 WHA
v.
ORDER RE PREEMPTION
COUNTY OF MARIN, CALIFORNIA, AND RELATED RELIEF
Defendant.
15 This order decides the preemption question raised by Seaplane’s challenge to the County of Marin’s COVID-19 health order. A prior order granted summary judgment for the County on Seaplane’s equal protection and related Section 1983 claim. A full explanation of the facts underlying this litigation can be found in that order (Dkt. 70). The key facts for the preemption analysis are simple: the County only prohibited two of Seaplane’s various operations, namely, recreational sightseeing flights and flights chartered for leisure travel. The health order did not prohibit Seaplane from offering transportation for essential activities or other operations such as fire spotting and cargo transport. The County’s motion for summary judgment did not extensively brief the preemption issue. Seaplane did…