Kat Bryant  |  June 1, 2020

Category: Covid-19

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Bunches of grapes at a Napa winery

A Napa winery is suing California officials for the right to reopen for wine tastings, just as restaurants statewide are being allowed to serve food and drink in-house again.

Caymus Vineyards, which operates a winery and tasting room in Rutherford, California, is claiming unequal treatment as the state goes through its prescribed stages of easing COVID-19 precautions. Gov. Gavin Newsom and state Public Health Officer Sonia Y. Angell are the named defendants.

“Caymus supports the necessary work of public health officials in promoting the health and safety of Californians, and of taking responsible measures to reduce the risk of transmission of the novel coronavirus,” the Napa winery lawsuit states. “The law, though, must be applied fairly and equally to all businesses.”

Newsom’s official guidance, called “California’s Pandemic Roadmap,” sets forth four stages of reopening. Stage 2 involves the reopening of “lower-risk workplaces and other spaces,” and Stage 3 the reopening of “higher-risk workspaces and other spaces,” the lawsuit reports.

A May 12 order issued by the state Department of Public Health provided guidance for the resumption of dine-in services in counties approved for Stage 2. Specifically, it laid out requirements for cleaning protocols, physical distancing and screening “to support a safe, clean environment for workers and customers.”

That order states: “Brewpubs, breweries, bars, pubs, craft distilleries, and wineries should remain closed until those establishments are allowed to resume modified or full operation unless they are offering sit-down, dine-in meals. Alcohol can only be sold in the same transaction as a meal.”

Wineries that do not serve sit-down meals are categorized alongside “hospitality services,” such as bars and lounges, the lawsuit notes. This means breweries, craft distilleries and wineries that have only tasting areas are not allowed to reopen under Stage 2.

A Napa winery wants to open for winetastingUnlike neighboring Sonoma County and others across California, Napa County’s 1990 Winery Definition Ordinance prohibits Napa wineries from offering food service. In those other counties, wineries have received the OK to reopen.

In addition, the Napa winery lawsuit reports, California officials announced May 25 that “retail can now open for in-store shopping statewide” — and yet wineries that do not serve meals are still excluded.

“There is no rational basis for the distinction Defendants have drawn,” the lawsuit states.

The Napa winery maintains its commitment to providing a safe environment for its patrons, adhering to protocols issued by the Wine Institute and Napa Valley Vintners in addition to federal, state and county authorities.

Indeed, the lawsuit argues that Napa County’s public health officer has signed off on the readiness of its wineries to mitigate the spread of COVID-19; and the county board of supervisors has sent a letter to the state attesting to that fact. Its letter reads, in part: “We strongly encourage and support the inclusion of Wineries and Tasting Rooms as businesses that the State deems eligible for reopening in Stage 2.”

The lawsuit also notes that food service is more likely to add to public risk than to decrease it, given the number of people and surfaces that must come into contact with foods during preparation and service. In contrast, wine is prepackaged and requires little to no health risk to be served.

It also points out that wineries are well suited to social distancing because they already have outdoor tasting areas and take steps to limit crowds indoors.

Despite all this, the Napa winery claims it is being deprived of revenue from both wine tastings and retail sales as a result of unequal treatment.

“Caymus brings this action to ensure that it, and wineries like it, are treated equally to other similarly-situated businesses,” the Napa winery lawsuit states. “As retailers, restaurants, and wineries providing dine-in meals are permitted to reopen, so should Caymus.”

The winery is claiming several violations of both the U.S. Constitution and the California Constitution as they apply to equal protection, due process and the taking of private property without just compensation.

On behalf of itself and others like it, the Napa winery is asking the court to stop state officials from preventing its reopening when local officials have deemed it has met the appropriate guidelines. In addition, it is seeking just compensation for economic losses suffered, court costs; and other relief deemed proper by the court.

Do you think it’s time for wineries to reopen? Let us know in the comments below.

Plaintiff is represented by Thomas A. Harvey and Philip D.W. Miller of Coblentz Patch Duffy & Bass LLP.

The Caymus Vineyards Lawsuit is Caymus Vineyards v. Gavin Newsom and Sonia Y. Angell, Case No. 3:20-cv-03569, in the U.S. District Court for Northern California.

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2 thoughts onNapa Winery Sues State Officials to Reopen

  1. Robert Goudin says:

    please add me

  2. LISA HAWKINS says:

    Please add me

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