Laguna Beach, Orange County to file briefs supporting Costa Mesa coronavirus fight

The Orange County Board of Supervisors and the city of Laguna Beach have announced their intent to file amicus curiae briefs supporting Costa Mesa's challenge to the federal government over the possible placement of coronavirus patients in a state-owned facility in the city.

"One of the city's principal concerns is just to ensure to the court's satisfaction that all the required procedures and protocols that should be followed in advance of the decision that was made were in fact followed, in particular the need for advance notification and consultation with the affected local jurisdictions," said Rutan & Tucker partner Philip D. Kohn, who represents Laguna Beach.

Kohn said he plans to file the city's brief by Friday and is still determining the assistance the city can provide in its statement to the court.

"Just to say, 'Me, too' isn't going to be of much assistance to the court," Kohn said.

Huntington Beach city attorney Michael E. Gates said his city council was voting Wednesday on whether or not to file a brief.

The Orange County Board of Supervisors voted unanimously Tuesday to file an amicus brief. Before adjourning to vote in a closed session, 3rd District Supervisor Donald P. Wagner expressed support for Costa Mesa "against what seems to be, from all indications out of the court hearing yesterday, a hasty and ill-considered decision by the federal government," according to a recording of Tuesday's county meeting.

Wagner referenced a lengthy and crowded hearing Monday before U.S. District Judge Josephine L. Staton that prompted questions from her about how the federal government determined the Fairview Developmental Facility was appropriate for the coronavirus patients. City of Costa Mesa v. United States of America, 8:20-cv-00368 (C.D. Cal., filed Feb. 21, 2020).

Staton extended a temporary restraining order granted last week, urging the parties to come together and talk through the issues raised before the next hearing, which is scheduled for Monday.