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1 LATHAM & WATKINS LLP Michael G. Romey (Bar No. 137993) 2 [email protected] Sarah F. Mitchell (Bar No. 308467) 3 [email protected] 355 South Grand Avenue, Suite 100 4 Los Angeles, California 90071-1560 Telephone: +1.213.485.1234 5 Facsimile: +1.213.891.8763 6 Richard P. Bress (pro hac vice forthcoming) [email protected] 7 Andrew D. Prins (pro hac vice forthcoming) [email protected] 8 Eric J. Konopka (pro hac vice forthcoming) [email protected] 9 555 Eleventh Street, NW, Suite 1000 Washington, D.C. 20004-1304 10 Telephone: +1.202.637.2200 Facsimile: +1.202.637.2201 11 Attorneys for Plaintiffs and the Proposed Class 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14

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MY DREAM BOUTIQUE, a CASE NO. 2:20-cv-8896 16 California corporation, on behalf of itself and all others similarly situated; CLASS ACTION COMPLAINT 17 ANAHIT KHACHATRYAN, an individual; NELLI VIRABYAN, an 18 individual; DI ORO SALON, INC., a California corporation, on behalf of 19 itself and all others similarly situated; VARDGES AVETISYAN, an 20 individual; AL-AZIM INC., a California corporation, on behalf of 21 itself and all others similarly situated; RIAZ MOHAMMED, an individual; 22 WESTFIELD PROPERTY MANAGEMENT LLC, a Delaware 23 limited liability company; WESTFIELD TOPANGA OWNER 24 LLC, a Delaware limited liability company; SHERMAN OAKS 25 FASHION ASSOCIATES, LP, a Delaware limited liability partnership; 26 CULVER CITY MALL LLC, a Delaware limited liability company; 27 SANTA ANITA SHOPPINGTOWN 28 LP, a Delaware limited liability

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1 partnership; and VALENCIA TOWN CENTER VENTURE, L.P., a Delaware 2 limited liability partnership, 3 Plaintiffs, 4 v. 5 COUNTY OF LOS ANGELES; COUNTY OF LOS ANGELES 6 BOARD OF SUPERVISORS; DR. MUNTU DAVIS, individually and 7 in his official capacity as County of Los Angeles Health Officer; 8 DR. BARBARA FERRER, in her official capacity as Director, County of 9 Los Angeles Department of Public Health; and ALEX VILLANUEVA, in 10 his official capacity as Sheriff, County of Los Angeles, 11 Defendants. 12

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1 Plaintiffs My Dream Boutique, a California corporation (“My Dream 2 Boutique”), on behalf of itself and all others similarly situated; Anahit Khachatryan 3 (“Ms. Khachatryan”); Nelli Virabyan (“Ms. Virabyan”); Di Oro Salon, Inc. (“Salon 4 Dioro”), on behalf of itself and all others similarly situated; Vardges Avetisyan (“Mr. 5 Avetisyan”); Al-Azim Inc. (“Al-Azim”), on behalf of itself and all others similarly 6 situated; Riaz Mohammed (“Mr. Mohammed”); Westfield Property Management 7 LLC (“Westfield”); Westfield Topanga Owner LLC; Sherman Oaks Fashion 8 Associates, LP; Culver City Mall LLC; Santa Anita Shoppingtown LP; and Valencia 9 Town Center Venture, L.P. (collectively, “Plaintiffs”) allege as follows against 10 Defendants County of Los Angeles (the “County”); County of Los Angeles Board 11 of Supervisors (the “Board”); Dr. Muntu Davis, individually and in his official 12 capacity as County of Los Angeles Health Officer (“Dr. Davis”); Dr. Barbara Ferrer, 13 in her official capacity as Director, County of Los Angeles Department of Public 14 Health; and Alex Villanueva, in his official capacity as Sheriff, County of Los 15 Angeles (collectively, “Defendants”): 16 PRELIMINARY STATEMENT 17 1. This case is about unlawful and unjustifiable action by the County and 18 its officials, ostensibly in the name of protecting public health, that in fact has 19 absolutely no public health justification. Defendants have forced hundreds of 20 businesses in indoor malls to close, kept thousands of County residents out of work, 21 caused millions of dollars in lost wages and revenue, and brought many businesses 22 to the brink of collapse—without offering a single valid, science- or health-based 23 reason for their actions, and despite the extensive measures indoor malls and their 24 tenants have taken to protect employees and customers. In doing so, the County and 25 its officials have overtly discriminated against businesses in indoor malls and their 26 employees without any rational basis whatsoever, trampling the constitutional rights 27 of those businesses and individuals. Plaintiffs bring this lawsuit to stop Defendants’ 28 unconstitutional conduct and the massive, irreparable harms Defendants are

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1 inflicting on Plaintiffs, other indoor mall businesses in the County, and their 2 employees. 3 2. At the beginning of the COVID-19 pandemic, government officials 4 closed businesses on a dramatic and unprecedented scale, attempting to minimize 5 the spread of the disease at a time they knew little about it. Over the past six months, 6 much has been learned about COVID-19, how it spreads, and how that spread can 7 be minimized or prevented. As a result, federal, state, and local officials have 8 regularly revised their guidance, recognizing that many activities—including 9 commercial activities—can be done safely, especially if employees and customers 10 take sensible and effective precautions, such as maintaining social distance and 11 wearing masks. When Plaintiffs were permitted to reopen for a short period this 12 summer, they took these precautions and more to protect employees and customers. 13 For example, My Dream Boutique (operating a children’s clothing store in Fashion 14 Square), Salon Dioro (operating a hair salon in Fashion Square), and Al-Azim 15 (operating the Metropolis Big & Tall men’s clothing store in Westfield Culver City) 16 each posted signs regarding social distancing, restricted the capacity of the store, 17 required face masks, offered hand sanitizer, implemented extensive cleaning 18 protocols, and kept the entrance open whenever the store was open. 19 3. The County has generally deferred to the State of California with 20 respect to business closures and reopenings. Over the summer, the County allowed 21 Plaintiffs and other businesses to reopen after the State changed its guidance, and 22 backtracked when the State backtracked. 23 4. On August 28, 2020, after extensive review of the relevant data and 24 science, the California Department of Public Health issued a statewide order 25 allowing counties throughout the State to reopen indoor malls and shopping centers 26 subject to sensible and effective restrictions, including 25% maximum capacity, 27 closed common areas, and closed food courts in counties where COVID-19 is 28

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1 deemed “widespread.”1 That action is consistent with the actions of state and local 2 governments nationwide. And today, nearly every county has implemented the 3 State’s measured, evidence-based approach, and allowed indoor malls and shopping 4 centers to reopen. Indeed, Orange and San Bernardino Counties, which border Los 5 Angeles County, allowed indoor malls and shopping centers to reopen just days after 6 the August 28 order—and counties with uniformly worse metrics regarding the 7 spread of COVID-19 have done the same. Plaintiffs would reopen their indoor malls 8 and businesses subject to the restrictions put in place by the State. 9 5. Plaintiffs cannot reopen, however, because the County has refused to 10 follow the State’s science-based approach. On September 2, 2020, Dr. Davis, the 11 County of Los Angeles Health Officer, ordered that, in this County, all indoor 12 portions and operations of indoor malls and shopping centers must “remain closed 13 to the public until further notice.”2 That action breaks sharply from the County’s 14 previous practice of aligning its business restrictions with those imposed by the 15 State—as one member of the Board recently recognized.3 The County’s forced 16 closure of indoor malls and shopping centers stands in stark contrast to its treatment 17

18 1 See Exhibit 1, California Department of Public Health, Statewide Public Health Officer Order (Aug. 28, 2020), available at https://www.cdph.ca.gov/Programs/ 19 CID/DCDC/CDPH%20Document%20Library/COVID-19/8-28-20_Order-Plan- Reducing-COVID19-Adjusting-Permitted-Sectors-Signed.pdf. 20 2 See County of Los Angeles Department of Public Health, Order of the Health 21 Officer, Reopening Safer at Work and in the Community for Control of COVID-19 (revised Sept. 2, 2020), available at http://publichealth.lacounty.gov/media/ 22 coronavirus/docs/HOO/2020_09_02_HOO_Safer_at_Home.pdf. The most recent County Order of the Health Officer was issued on September 4 with minor changes, 23 and no changes to the County’s restrictions on indoor malls and shopping centers. See Exhibit 2, County of Los Angeles Department of Public Health, Order of the 24 Health Officer, Reopening Safer at Work and in the Community for Control of COVID-19 (revised Sept. 4, 2020), available at http://publichealth.lacounty.gov 25 /media/Coronavirus /docs/HOO/2020_09_04_HOO_Safer_at_Home.pdf. 3 See, e.g., Board of Supervisors Meeting, at 2:24:55 (Sept. 15, 2020) (statement of 26 Supervisor Barger) (“Early on, this Board agreed to align ourselves with the State, and somewhere along the way . . . we deviated from that. . . . There are areas where 27 we have been given the green light, such as the indoor malls, but we have decided . . . to take a stand back.”), available at https://lacounty.granicus.com/MediaPlayer 28 .php?view_id=1&clip_id=8051.

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1 of virtually every other retail establishment, including large and small scale retailers 2 and hair salons and barbershops not inside malls—all of which were permitted to 3 reopen immediately and operate at a minimum at 25% capacity, in accordance with 4 statewide guidelines. And the County’s departure from the State’s order separates 5 it from other California counties—all of which, to Plaintiffs’ knowledge, have 6 allowed indoor malls and shopping centers to reopen. 7 6. There is absolutely no evidence to support the County’s unique and 8 discriminatory treatment of indoor malls and shopping centers. There is no data 9 showing that indoor malls are any less safe than the large retail stores that have been 10 open for months or the “outdoor” malls that the County has permitted to reopen. Nor 11 has the County or any other Defendant offered a data-based explanation—or any 12 reason whatsoever—for this differential treatment. The September 2, 2020 order is 13 out of line with statewide standards, as well as the standards established by state and 14 local governments nationwide. 15 7. The County’s unique—and uniquely unfavorable—treatment of indoor 16 malls and shopping centers is particularly perverse because the County has seen 17 steady improvement in its COVID-19 transmission metrics since issuing the 18 September 2, 2020 order, but has not bothered to reconsider its position. 19 8. This continued unreasoned and unjustified policy has needlessly 20 shuttered hundreds of businesses and thrown thousands of employees out of work, 21 devastating those businesses, their employees, and their families. For example, Al- 22 Azim has been forced to close its Metropolis Big & Tall clothing store, just because 23 it is located in the interior of a County mall. Because Al-Azim depends on foot 24 traffic within the mall to generate business, its sales and profits have plummeted. It 25 has been forced to lay off all of its employees, including Mr. Mohammed and his 26 two brothers, who have operated Metropolis Big & Tall for nearly 30 years. Mr. 27 Mohammed and his brothers have devoted their lives to building and managing their 28 family business, but the forced closure threatens the business’s viability. Similarly,

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1 Salon Dioro and My Dream Boutique have been forced to close merely because they 2 are located in the interior of Fashion Square. The owners of these small family 3 businesses have devoted decades to building customer loyalty, but now they have 4 had no choice but to lay off their employees. My Dream Boutique, Salon Dioro, and 5 Al-Azim may permanently shut down their stores if the County does not 6 immediately lift the closure order. 7 9. Because of the September 2, 2020 order, hundreds of other businesses 8 at indoor malls and shopping centers in the County also remain closed to the public, 9 depriving them of revenue they desperately need and thousands of employees of 10 gainful employment—all without any justification whatsoever or means to challenge 11 the government’s overreaching and arbitrary action. 12 10. The County’s order has arbitrarily deprived Plaintiffs of their core 13 property interests and other legal rights without due process and in violation of their 14 right to equal protection under the law. It must be struck down to prevent the 15 substantial continuing harm that Plaintiffs, hundreds of other businesses, and 16 thousands of employees at indoor malls and shopping centers throughout the County 17 face because of the actions of the County and the other Defendants. 18 THE PARTIES 19 11. Plaintiff My Dream Boutique is a California corporation. It owns and 20 operates the store My Dream Boutique, which sells children’s clothing, accessories, 21 and shoes. My Dream Boutique is located in the Fashion Square shopping center in 22 Sherman Oaks, California. My Dream Boutique holds a business license from the 23 City of Los Angeles to operate that location. Currently, My Dream Boutique is 24 closed due to Defendants’ actions. 25 12. Plaintiff Anahit Khachatryan is a resident of the County of Los 26 Angeles. Ms. Khachatryan is an employee and owner of My Dream Boutique. 27 13. Plaintiff Nelli Virabyan is a resident of the County of Los Angeles. Ms. 28 Virabyan is an employee of My Dream Boutique.

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1 14. Plaintiff Di Oro Salon, Inc. is a California corporation. It owns and 2 operates Salon Dioro, a full-service boutique salon offering hair, skin, and nail 3 services. Salon Dioro is located in the Fashion Square shopping center in Sherman 4 Oaks, California. Salon Dioro holds a business license from the City of Los Angeles 5 to operate that location. Currently, Salon Dioro is closed due to Defendants’ actions. 6 15. Plaintiff Vardges Avetisyan is a resident of the County of Los Angeles. 7 Mr. Avetisyan is an employee and owner of Salon Dioro. 8 16. Plaintiff Al-Azim Inc. is a California corporation. It owns and operates 9 Metropolis Big & Tall, which sells men’s clothing. Metropolis Big & Tall is located 10 in the Westfield Culver City shopping center in Culver City, California. Al-Azim 11 holds a business license from the City of Culver City to operate that location. 12 Currently, Metropolis Big & Tall is closed due to Defendants’ actions. 13 17. Plaintiff Riaz Mohammed is a resident of the County of Los Angeles. 14 Mr. Mohammed is an employee and owner of Al-Azim. 15 18. Plaintiff Westfield Property Management LLC is a Delaware limited 16 liability company with its headquarters in Century City, California. Westfield is a 17 manager of commercial retail real estate throughout the United States, including 18 Westfield Topanga, Fashion Square, Westfield Culver City, Westfield Santa Anita, 19 and Valencia Town Center. As property manager, Westfield is responsible for 20 operations, including building maintenance and leasing, and employs the 21 management employees for the facilities it manages. 22 19. Plaintiff Westfield Topanga Owner LLC is a Delaware limited liability 23 company with its headquarters in Century City, California. Westfield Topanga 24 Owner LLC owns the Westfield Topanga shopping center in Canoga Park, 25 California. 26 20. Plaintiff Sherman Oaks Fashion Associates, LP is a Delaware limited 27 liability partnership with its headquarters in Century City, California. Sherman Oaks 28

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1 Fashion Associates, LP owns the Fashion Square shopping center in Sherman Oaks, 2 California. 3 21. Plaintiff Culver City Mall LLC is a Delaware limited liability 4 partnership with its headquarters in Century City, California. Culver City Mall LLC 5 owns the Westfield Culver City shopping center in Culver City, California. 6 22. Plaintiff Santa Anita Shoppingtown LP is a Delaware limited liability 7 partnership with its headquarters in Century City, California. Santa Anita 8 Shoppingtown LP owns the Westfield Santa Anita shopping center in Arcadia, 9 California. 10 23. Plaintiff Valencia Town Center Venture, L.P. is a Delaware limited 11 liability partnership with its headquarters in Century City, California. Valencia 12 Town Center Venture, L.P. owns the Valencia Town Center shopping center in 13 Valencia, California. 14 24. Defendant County of Los Angeles is a charter county organized and 15 existing as a legal subdivision under the laws of the State of California. 16 25. Defendant County of Los Angeles Board of Supervisors is a five- 17 member governing body, elected pursuant to the County of Los Angeles Charter. 18 26. On information and belief, Defendant Dr. Muntu Davis is a resident of 19 the County of Los Angeles. He is a party to this action in his individual capacity 20 and in his official capacity as County of Los Angeles Health Officer. 21 27. Defendant Dr. Barbara Ferrer is a party to this action in her official 22 capacity as Director of the County of Los Angeles Department of Public Health. 23 28. Defendant Alex Villanueva is a party to this action in his official 24 capacity as Sheriff of the County of Los Angeles. 25 JURISDICTION AND VENUE 26 29. The Court has subject matter jurisdiction over this action pursuant to 27 28 U.S.C. § 1331 because the action arises under 42 U.S.C. § 1983 and the Equal 28

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1 Protection and Due Process Clauses of the Fourteenth Amendment to the United 2 States Constitution. 3 30. Jurisdiction is also appropriate in this Court pursuant to 28 U.S.C. 4 § 1343(a)(3) “[t]o redress the deprivation, under color of any State law, statute, 5 ordinance, regulation, custom or usage, of any right, privilege or immunity secured 6 by the Constitution of the United States or by any Act of Congress providing for 7 equal rights of citizens or of all persons within the jurisdiction of the United States.” 8 31. This Court has supplemental jurisdiction over Plaintiffs’ claims 9 asserted under the Constitution of the State of California pursuant to 28 U.S.C. 10 § 1367(a), because Plaintiffs’ state constitutional claims arise from the same nucleus 11 of operative facts as its federal claims and thus form part of the same case or 12 controversy under Article III of the United States Constitution. 13 32. The Central District of California is the appropriate venue for this 14 action pursuant to 28 U.S.C. § 1391(b)(1) and (2) because it is a District in which 15 Defendants reside, maintain offices, exercise their authority in their official 16 capacities, and have enforced the order at issue in this case. 17 GENERAL ALLEGATIONS 18 Plaintiffs Have Safely Operated Retail Stores Inside 19 Shopping Malls During The COVID-19 Pandemic 20 33. COVID-194 was declared a pandemic by the World Health 21 Organization on March 11, 2020, and on March 13, President Trump declared a 22 national emergency. In the days immediately following, state and local officials 23 across the country began issuing “stay-at-home,” “shelter-in-place,” and similar 24 4 COVID-19 is a disease caused by the SARS-CoV-2 virus. The World Health 25 Organization recognizes that the disease name, rather than the virus name, is used “to enable discussion on disease prevention, spread, transmissibility, severity and 26 treatment.” World Health Organization, Why Do the Virus and the Disease Have Different Names?, https://www.who.int/emergencies/diseases/novel-coronavirus- 27 2019/technical-guidance/naming-the-coronavirus-disease-(covid-2019)-and-the- virus-that-causes-it (last visited Sept. 28, 2020). Consistent with that purpose, this 28 complaint will refer to COVID-19 rather than the virus that causes it.

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1 orders requiring individuals to remain in their homes with limited exceptions. 2 During this period of great uncertainty about COVID-19 and how it spreads, many 3 of these orders also required all non-essential businesses to temporarily close in- 4 store activities, and some initially required the complete closure of common areas of 5 malls and shopping centers. These closures included Westfield Topanga, Fashion 6 Square, Westfield Culver City, Westfield Santa Anita, and Valencia Town Center, 7 along with malls and shopping centers throughout the United States. 8 34. As state and local governments learned more about COVID-19, how it 9 spreads, and how the likelihood of spread can be minimized, they gradually scaled 10 back restrictions on individuals and commercial activities, including retail 11 operations. These governmental actions were typically combined with sensible, 12 achievable, and effective measures meant to inhibit the person-to-person spread of 13 COVID-19, such as disinfectant protocols, occupancy limitations, social distancing, 14 and the mandatory wearing of face masks.5 15 35. My Dream Boutique, Salon Dioro, and Metropolis Big & Tall were 16 open from mid-June to mid-July 2020, when all mall operations were permitted to 17 open in the County. During this time, My Dream Boutique, Salon Dioro, and Al- 18 Azim took extensive precautions to safeguard the health of employees and 19 customers. Among other things, each of the stores posted applicable County 20 protocols in their stores, enforced social distancing requirements, required face 21 masks, offered hand sanitizer in the store and at the entrance, implemented extensive 22 cleaning protocols, and kept the entrances propped open while their stores was open. 23 Salon Dioro installed Plexiglas partitions between each salon station and only 24 allowed customers to use every other station, while My Dream Boutique and Al- 25

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27 5 See, e.g., Governor of Texas, Executive Order GA 18, at 3 (Apr. 27, 2020), available at https://gov.texas.gov/uploads/files/press/EO-GA- 28 18_expanded_reopening_of_services_COVID-19.pdf.

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1 Azim did not allow customers to use dressing rooms. Each of the stores operated at 2 50% maximum capacity at all times, in accordance with County requirements. 3 36. State and local governments overwhelmingly have recognized that, 4 with appropriate limitations and measures, most retail business, including those 5 inside indoor malls and shopping centers, can be operated safely. Indeed, Westfield 6 safely manages multiple indoor malls throughout California (and across the United 7 States), following state and local modifications on operations and its own stringent 8 protocols, and with the utmost attention to the health and safety of its employees, 9 contractors, retailers, and customers. 10 Westfield’s Shopping Centers Are Safe, But Nonetheless Interior 11 Retailers Have Been Forced To Close Indoor Operations 12 37. On March 19, 2020, due to the COVID-19 pandemic, the County 13 initially ordered the closure of all indoor malls and shopping centers, including 14 Westfield Topanga, Fashion Square, Westfield Culver City, Westfield Santa Anita, 15 and Valencia Town Center. Only “Essential Businesses” with entrances accessible 16 to the public from the exterior of the indoor mall or shopping center were permitted 17 to reopen. On May 26, the County issued an Order allowing indoor operations of 18 malls and shopping centers to reopen. Westfield Topanga, Fashion Square, 19 Westfield Culver City, Westfield Santa Anita, and Valencia Town Center each 20 reopened shortly thereafter, with appropriate and effective safety precautions going 21 above and beyond State and local requirements. 22 38. On July 13, in response to a statewide surge in cases, the California 23 Department of Public Health issued a Statewide Public Health Officer Order closing 24 all indoor malls in the County, although retailers with exterior entrances and 25 essential businesses were permitted to remain open. The County then issued a public 26 health order on July 14 mirroring the new restrictions. 27 39. My Dream Boutique, Salon Dioro, Al-Azim, and the vast majority of 28 retailers at Westfield Topanga, Fashion Square, Westfield Culver City, Westfield

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1 Santa Anita, and Valencia Town Center are “interior retailers,” meaning they have 2 no separate entrance accessible to the public from the exterior of the mall; i.e., 3 customers must enter the indoor common area of the mall to access these retailers. 4 “Exterior retailers” are currently permitted to open for indoor operations at 25% 5 capacity (with the exception of restaurants with exterior entrances, which are open 6 only for outdoor dining and takeout), but these retailers constitute only six of 7 Westfield Topanga’s over 200 retailers, five of Fashion Square’s over 100 retailers, 8 19 of Westfield Culver City’s over 160 retailers, 45 of Westfield Santa Anita’s over 9 200 retailers, and 71 of Valencia Town Center’s over 160 retailers. And only a 10 handful of interior retailers at these malls operate non-food service essential 11 businesses, such that they may invite consumers into their spaces by appointment to 12 provide essential services, including optometry appointments. The remaining 13 retailers at Westfield Topanga, Fashion Square, Westfield Culver City, Westfield 14 Santa Anita, and Valencia Town Center—nearly 700 interior retailers—have, like 15 My Dream Boutique, Salon Dioro, and Al-Azim, been permitted to offer sales only 16 through curbside pickup or delivery since July 13. 17 40. These closures have continued despite the extensive COVID-19 18 exposure mitigation protocols that Westfield has implemented to ensure the safety 19 of its retailers, their customers, and its own personnel. Westfield partnered with 20 Bureau Veritas, a recognized world leader in testing, inspection, and certification 21 services, to conduct a review and audit of Westfield’s world-class COVID-related 22 health and safety practices, policies, and procedures. By September 2020, Bureau 23 Veritas had certified several United States shopping centers with the industry- 24 leading hygiene and safety excellence label, “SafeGuard.” This label is applied to a 25 property only after an on-site audit and certification that the property has 26 implemented policies and procedures aligned with local regulatory requirements and 27 health and safety practices which support mitigation of the spread of COVID-19. 28 All of Westfield’s indoor County malls—Westfield Topanga, Fashion Square,

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1 Westfield Culver City, Westfield Santa Anita, and Valencia Town Center—have 2 been SafeGuard certified. That is for good reason. As discussed below, Westfield 3 has taken extensive measures to ensure a safe and healthy shopping environment, 4 and its indoor County malls are exceptionally safe. 5 41. Westfield Topanga is an over 2 million square foot mall. It and its 6 tenants normally employ approximately 4,300 individuals. From October 2016 to 7 December 2019, Westfield Topanga underwent extensive renovations costing over 8 $70 million, and has upgraded its heating, ventilation, and air conditioning 9 (“HVAC”) systems to use state-of-the-art MERV 11 air filters. The mall has vast 10 and voluminous multistory pavilions that provide ample room for every patron to 11 maintain social distancing and greatly reduce the risks of COVID-19 exposure. 12 Walkways in the mall are 12 to 25 feet wide, and ceiling heights range from 30 to 13 80 feet. 14 42. Fashion Square is an over 850,000 square foot mall. It and its tenants 15 normally employ approximately 2,000 people. The mall completed a $1.7 million 16 construction project in January 2020. Walkways in the mall are 12 to 48 feet wide, 17 and ceiling heights range from 20 to 50 feet. 18 43. Westfield Culver City is an over 1 million square foot mall. It and its 19 tenants normally employ approximately 2,800 people. The walkways and ceiling 20 heights throughout the mall allow for ample social distancing and air flow—with 21 walkways 11 to 30 feet wide and ceilings 19 to 62 feet high. 22 44. Westfield Santa Anita is an over 1 million square foot mall. It and its 23 tenants normally employ approximately 3,900 individuals. The mall’s walkways are 24 generally over 30 feet wide, and its ceilings are 14 to 50 feet high. The mall 25 implemented a one-way traffic system on the second level to direct customer traffic 26 flow, and also has plans in place to limit vehicular traffic in the event that capacity 27 limits are reached. 28

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1 45. Valencia Town Center is an over 1 million square foot mall. It and its 2 tenants normally employ approximately 3,700 people. Walkways in the mall are 10 3 to 35 feet wide, and ceiling heights range from 35 to 60 feet. Valencia Town Center 4 meticulously analyzed its hourly capacity tracking data from 2019 and confirmed 5 that the mall has more than enough space to reopen while complying with social 6 distancing guidelines. 7 46. In accordance with Westfield’s protocols and local, County, and State 8 requirements, Westfield Topanga, Fashion Square, Westfield Culver City, Westfield 9 Santa Anita, and Valencia Town Center have implemented extensive measures to 10 reduce the risk of COVID-19 transmission and to protect employees, retailers, and 11 customers. These measures include signage, queueing markers, traffic flow arrows, 12 and other cues throughout the properties promoting active symptom monitoring; 13 making mask wearing mandatory, hand washing, and physical distancing; hand 14 sanitizers installed at entrances and throughout the malls; dedicated janitorial teams 15 focused on frequent and intense cleaning of all high-touch areas; technology to 16 measure and track visitor capacity in real time and quickly activate mitigation plans; 17 closure of common areas and seating in the food courts; and extensive training and 18 continual patrolling by mall security staff to ensure compliance with all protocols. 19 California Permits Indoor Malls To Open At Reduced Capacity 20 47. On August 28, 2020, the California Department of Public Health issued 21 a Statewide Public Health Officer Order establishing a system that places each 22 California county into a Tier based on health data, including case rates per capita 23 and percentage of positive COVID-19 tests. See Exhibit 1 (“Statewide Order”). The 24 County is currently in “Tier 1,” and Tiers are updated weekly as data is tracked. 25 Beginning August 31, Tier 1 counties were permitted to reopen indoor malls and 26 shopping centers, including their interior retailers, with maximum 25% capacity, 27 closed common areas, and closed food courts. Tier 1 counties were also permitted 28 to open all other indoor retail stores with maximum 25% capacity.

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1 48. California’s treatment of indoor malls and their retailers is consistent 2 with how these businesses are being treated throughout the United States. To 3 Plaintiffs’ knowledge, no state or California county other than the County of Los 4 Angeles requires indoor operations of malls and their retailers to remain closed. In 5 fact, Westfield and its affiliates own 89 shopping centers across the globe, and only 6 its properties in the County remain closed. 7 The County Health Officer’s Order Opens All Retail Stores For Business, 8 Except Those Located In Indoor Malls 9 49. The Statewide Order provides: “A local health jurisdiction may 10 continue to implement or maintain more restrictive public health measures,” but only 11 “if the jurisdiction’s Local Health Officer determines that health conditions in that 12 jurisdiction warrant such measures.” Statewide Order ¶ 4 (emphasis added). To 13 Plaintiffs’ knowledge, all California counties except the County of Los Angeles have 14 aligned with the provisions of the Statewide Order and have allowed indoor malls 15 and shopping centers to reopen. For example, on August 31, Westfield reopened 16 indoor operations at malls in Riverside, Santa Clara, and Placer Counties, all of 17 which were Tier 1 counties at the time of reopening. 18 50. On September 2, 2020, Dr. Davis, the Health Officer for the County of 19 Los Angeles, issued an order titled “Reopening Safer at Work and in the Community 20 for Control of COVID-19.” See Exhibit 2 (“County Order”).6 Paragraph 9 of the 21 County Order describes a category of “Lower-Risk Businesses.” “Lower-Risk 22 Businesses are businesses that are not specified in Paragraph 7 of this Order”—such 23 as indoor dining, bars, and entertainment venues, which must remain closed—“and 24 not defined as Essential Businesses in Paragraph 18 of this Order”—such as banks, 25 hardware stores, and grocery stores. 26

27 6 The County Order was revised on September 4, 2020, but the revisions are not 28 relevant to this Complaint. See supra note 2.

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1 51. The County Order defines indoor malls and shopping centers as Lower- 2 Risk Businesses, recognizing the inherently safe nature of those facilities. County 3 Order ¶ 7(d). My Dream Boutique, Salon Dioro, Al-Azim, and other interior 4 retailers in indoor malls, such as retail stores selling clothes, shoes, toys, jewelry, 5 books, and sunglasses, are also defined as Lower-Risk Businesses. And, in general, 6 Lower-Risk Businesses, including large department stores, small retailers, and hair 7 salons and barbershops not inside malls are now able to open to the public with 8 capacity limitations. See County Order ¶ 7(a), (e). 9 52. The County Order thus claims that it “aligns the County with” the 10 Statewide Order, “which describes a tiered approach to relaxing and tightening 11 restrictions on activities based upon specified criteria[.]” County Order ¶ 1. And 12 that is true in many respects. But when it comes to indoor malls and their interior 13 retailers, the County Order differs sharply from the Statewide Order—as a member 14 of the Board recently acknowledged.7 Even though the County Order recognizes 15 that these indoor malls and retail businesses are Lower-Risk Businesses, the County 16 has ordered them to remain closed. Paragraph 9(d) provides: 17 For Indoor Malls and Shopping Centers, defined as: A building with (7) or more sales or retail establishments with adjoining indoor space, 18 all indoor portions and operations remain closed to the public until 19 further notice. Businesses located entirely within the interior of an Indoor Mall or Shopping Center that are not temporarily closed 20 pursuant to Paragraph 7 of this Order, may offer goods and services via 21 outdoor curb-side pickup. Businesses or activities that are part of an Indoor Mall or Shopping Center and that are not closed pursuant to 22 Paragraph 7 of this Order, but that are accessible to the public from the 23 exterior of the Indoor Mall or Shopping Center may remain open to the public. 24 (Emphasis added.) 25

26 53. As a result of Paragraph 9(d), interior retailers at Westfield Topanga,

27 Fashion Square, Westfield Culver City, Westfield Santa Anita, and Valencia Town

28 7 See supra note 3.

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1 Center that are Lower-Risk Businesses, including My Dream Boutique, Salon Dioro, 2 and Al-Azim, are unable to open to the public, and employees of these retailers, such 3 as Ms. Khachatryan, Ms. Virabyan, Mr. Avetisyan, and Mr. Mohammed, are unable 4 to return to work. But they would be able to open to the public and resume work if 5 the retailers had an exterior entrance or were not otherwise located within an indoor 6 mall. 7 54. Appendix E to the County Order details “Protocols for Shopping Center 8 Operators.” See Exhibit 3 (“Appendix E”). Appendix E allows businesses located 9 entirely within the interior of a mall or shopping center only to offer “online ordering 10 and curbside pick-up outside the shopping center” in accordance with the following 11 guidance: 12 Retailers that choose to offer curbside pick-up should set pick-up times 13 for items so that employees are able to bring pre-ordered items [to] customers at a designated site or sites outside the mall. Pick-up sites 14 should be clearly marked and customers should be encouraged to pre- 15 pay for their orders. On arrival, customers should notify the employees that they have arrived for pick-up and should remain in their car. An 16 employee, wearing a cloth face covering should bring the customer’s 17 order to the designated pick-up site in a container (e.g., a bin, shopping cart, or other container) and place it directly in the customer’s trunk. 18

19 55. The County Order’s allowance of strictly regulated outdoor pickup has

20 not provided meaningful relief to My Dream Boutique, Ms. Khachatryan, Ms.

21 Virabyan, Salon Dioro, Mr. Avetisyan, Al-Azim, Mr. Mohammed, the hundreds of

22 retailers Countywide that have been forced to close, and the thousands of employees

23 Countywide who have lost work. Currently offering curbside pickup are 35 of

24 Westfield Topanga’s 212 interior retailers, 19 of Fashion Square’s 98 interior

25 retailers, 17 of Westfield Culver City’s 142 interior retailers, 28 of Westfield Santa

26 Anita’s 156 interior retailers, and 11 of Valencia Town Center’s 93 interior retailers.

27 Curbside pickup is just not feasible for many businesses and is not an adequate

28

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1 substitute for in-person shopping, and provides little if any relief to the hundreds of 2 interior retailers at these five malls. 3 56. Al-Azim has not implemented curbside pickup because Metropolis Big 4 & Tall’s business depends on foot traffic within the mall, as do many other interior 5 retailers. Salon Dioro also has not offered curbside pickup because salon services, 6 which cannot be offered curbside, are the heart of its business. My Dream Boutique 7 has attempted to implement a curbside pickup program, but the expense of 8 promoting and managing curbside pickup has not been worth the returns. Since 9 March 2020, My Dream Boutique has only completed about 20 curbside orders. 10 57. Appendix E also details how “Essential Businesses” located in a mall 11 or shopping center’s interior may operate: 12 Essential services that operate inside a shopping center such as medical services (clinics or optometrists) may continue to operate. If these 13 businesses do not have a door that opens to the exterior of the center, 14 these businesses should work by an appointment-only system. Staff should meet each patient/client at the mall entrance and escort them to 15 the service location. As much as feasible other methods such as 16 telemedicine options or on-line services should be offered. 17 58. Very few interior retailers at Westfield Topanga, Fashion Square, 18 Westfield Culver City, Westfield Santa Anita, and Valencia Town Center offer 19 “essential services,” and those that do must operate by appointment only, with 20 employees escorting customers into and out of the mall. Currently only a few 21 optometrists and a UCLA Health primary care office are open by appointment in 22 these locations. 23 59. The County’s forced closure of indoor operations at Westfield 24 Topanga, Fashion Square, Westfield Culver City, Westfield Santa Anita, and 25 Valencia Town Center severely limits Westfield’s and the mall owners’ returns on 26 their significant investments of time and resources devoted to making these malls 27 prime shopping locations in their neighborhoods. And despite the forced closure, 28 the mall owners and Plaintiffs must still pay substantial state and local taxes, as if

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1 the malls were open for business as usual. This tax burden is significant— 2 Westfield’s indoor County malls generate approximately $20 million in real estate 3 taxes annually. 4 60. In sum, the County Order requires closure of all indoor operations of 5 malls and their interior retailers, except to the extremely limited extent that interior 6 retailers may offer curbside pickup entirely outside of the mall, and interior Essential 7 Businesses may offer essential services by appointment only. The County Order 8 stands in direct contradiction to the Statewide Order. 9 Defendants Have Offered No Valid Reason For 10 Their Departure From Statewide Policy 11 61. While indoor malls and their interior retailers are now open and 12 operating safely elsewhere in California and the United States, and large and small 13 retail stores not located in indoor shopping centers or malls are now open and 14 operating safely in the County, indoor shopping centers and their interior retailers in 15 the County, like My Dream Boutique, Salon Dioro, and Al-Azim, uniquely remain 16 closed, and many of their employees, like Ms. Khachatryan, Ms. Virabyan, Mr. 17 Avetisyan, and Mr. Mohammed, remain out of work—without any explanation or 18 any scientific support. Although the Statewide Order allows local health 19 jurisdictions to implement more restrictive public health measures “if the 20 jurisdiction’s Local Health Officer determines that health conditions in that 21 jurisdiction warrant such measures” (Statewide Order ¶ 4), Dr. Davis has not 22 identified any “health conditions” in the County justifying the County’s refusal to 23 align with the Statewide Order and nationwide practice with respect to indoor malls 24 and shopping centers. Nor has any other Defendant. 25 62. The State’s data does not support treating Los Angeles County 26 differently from other Tier 1 counties. For example, the State currently classifies 27 Los Angeles and Imperial Counties as Tier 1, i.e., counties where COVID-19 is 28 deemed “widespread.” The key factors that the State uses for tiering are uniformly

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1 worse in Imperial County: Its most recent adjusted case rate for tiering purposes 2 was 8.9 new COVID-19 positive cases per day per 100,000 people (vs. 7.0 for Los 3 Angeles County) and a 9.0% positivity rate (vs. 2.8% for Los Angeles County).8 4 But, inexplicably, indoor malls and shopping centers in Imperial County are allowed 5 to be open, while those in Los Angeles County must remain closed.9 6 63. In addition, the State’s data for Los Angeles County has been 7 consistently improving. When the County Order was issued, the County’s adjusted 8 case rate for tiering purposes was 12.3 (vs. 7.0 now) and its positivity rate was 5.0% 9 (vs. 2.8% now). Despite this improvement in the data, the County has not revisited 10 its decision to close indoor malls and shopping centers, showing that the data and 11 science are not driving the decision. 12 64. The County Order provides no explanation whatsoever for its industry- 13 specific departures from State mandates. See County Order ¶¶ 10-14. And there is 14 no valid public health reason for treating indoor malls and their interior retailers 15 differently. The only even arguable distinction between interior retailers (like My 16 Dream Boutique, Salon Dioro, and Al-Azim) and other retailers with exterior 17 entrances, including big box stores, is the need to pass through notably wide, high- 18 ceilinged, and well ventilated interior corridors for access—as opposed to narrow 19 outdoor sidewalks where social distancing, mask usage, and other protocols are not 20 enforced—and that distinction does not support treating indoor malls and their 21 interior retailers more restrictively. 22 65. The data and science do not support any hypothesis that those wide and 23 high-ceilinged interior corridors pose any greater risk of transmitting COVID-19. 24 Plaintiffs are unaware of any support—and the County Order identifies none—for

25 26 8 See California Blueprint for a Safer Economy, https://covid19.ca.gov/safer- economy (last visited Sept. 28, 2020). 27 9 See County of Imperial, Order of the Health Officer at 6 (Aug. 30, 2020), available at http://www.icphd.org/media/managed/healthofficerorders/ 28 Health_Officer_Order_8_30_2020_v2_002_002_.pdf.

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1 the notion that settings such as spacious indoor malls and shopping centers with 2 modern and well-maintained HVAC systems, and their interior retailers, present 3 greater risks when compared to the large and small retailers and other businesses 4 that the County has permitted to remain open. 5 66. The World Health Organization has advised that a “well-maintained 6 and operated [HVAC] system can reduce the spread of COVID-19 in indoor spaces 7 by increasing the rate of air change, reducing recirculation of air and increasing the 8 use of outdoor air.”10 The Global Heat Health Information Network, an independent 9 network of scientists and policymakers, completed a review of the available 10 evidence and concluded: “Air conditioning and ventilation are considered effective 11 control strategies for preventing workplace infection and ill health,” and “there is no 12 strong evidence to suggest that a well-maintained air conditioning, ventilation, or 13 other type of climate control system will contribute to the transmission of COVID- 14 19.”11 15 67. Indeed, two recent studies reported that the virus was not detected at all 16 in air samples in the immediate vicinity of COVID-19 patients in hospitals, despite 17 significant viral load in the patients’ respiratory secretions.12 Another recent study 18 10 Q&A: Ventilation and Air Conditioning and COVID-19, WORLD HEALTH 19 ORGANIZATION (July 29, 2020), https://www.who.int/news-room/q-a-detail/q-a- ventilation-and-air-conditioning-and-covid-19 (last visited Sept. 28, 2020). 20 11 Q&A: Do Air Conditioning and Ventilation Systems Increase the Risk of Virus 21 Transmission? If So, How Can This Be Managed?, GLOBAL HEAT HEALTH INFORMATION NETWORK (May 22, 2020), http://www.ghhin.org/heat-and-covid- 22 19/ac-and-ventilation (last visited Sept. 28, 2020). 12 Vincent C. C. Cheng, et al., Escalating Infection Control Response to the 23 Rapidly Evolving Epidemiology of the Coronavirus Disease 2019 (COVID-19) Due to SARS-CoV-2 in Hong Kong, 41 INFECTION CONTROL AND HOSPITAL 24 EPIDEMIOLOGY 493, 497 (2020), available at https://www.cambridge.org/core/ journals/infection-control-and-hospital-epidemiology/article/escalating-infection- 25 control-response-to-the-rapidly-evolving-epidemiology-of-the-coronavirus- disease-2019-covid19-due-to-sarscov2-in-hong- 26 kong/52513ACC56587859F9C601DC747EB6EC; Sean Wei Xiang Ong, et al., Air, Surface Environmental, and Personal Protective Equipment Contamination by 27 Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2) from a Symptomatic Patient, 323 JAMA 1610 (2020), available at 28 https://jamanetwork.com/journals/jama/article-abstract/2762692.

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1 found that on a January 2020 flight from China to Canada, two patients with COVID- 2 19 (one of whom was actively symptomatic) did not transmit the virus to any of the 3 25 passengers seated nearby.13 And there have been no reports of COVID-19 4 transmission due to air recirculation at indoor malls, shopping centers, or retail 5 stores. 6 The County Order Arbitrarily Treats 7 Similarly Situated Businesses Differently 8 68. At the same time that the County has chosen to depart from the 9 Statewide Order and nationwide practice by closing indoor malls and their interior 10 retailers, the County has allowed comparable businesses to remain open for months, 11 including large retail stores (such as big-box stores and multilevel department stores 12 with elevators and escalators and narrow passage ways) and “outdoor” malls. 13 69. The County Order allows large stores such as Walmart, Target, Costco, 14 Best Buy, and Cost Plus World Market to operate within miles of the County’s 15 indoor malls. Although each of those stores sells essential items, they also on that 16 account are allowed to open all of their departments for in-store shopping and thus 17 sell any other products in their inventory including an enormous variety of non- 18 essential items. However, stores that sell comparable items in the interior of the 19 County’s indoor malls are unable to do so under the County Order, and employees 20 of those stores are unable to resume their work. 21 70. For example, Walmart may sell clothing one mile from Westfield 22 Topanga, but clothing stores such as America Eagle cannot resume indoor operations 23 under the County Order simply because they are located in Westfield Topanga’s 24 interior. Amy’s Hallmark Shop, located in Westfield Santa Anita’s interior, has been 25 forced to stop selling gifts, cards, and stationery, but Cost Plus World Market 26

27 13 Kevin L. Schwartz, et al., Lack of COVID-19 Transmission on an International Flight, 192 CANADIAN MEDICAL ASSOCIATION JOURNAL E410 (2020), available at 28 https://www.cmaj.ca/content/192/15/E410.

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1 continues to sell the same types of items only two miles away. And customers may 2 purchase cell phone cases and chargers at Best Buy less than two miles from 3 Valencia Town Center, but ZAGG is prohibited from welcoming customers in 4 Valencia Town Center’s interior to purchase the same products. But there is no 5 reason to believe that, by virtue of their placement, stores within indoor malls and 6 shopping centers (which almost uniformly have wide, high-ceilinged, and well- 7 ventilated interior walkways) as a class are riskier than stores located elsewhere. 8 There is no rational basis for this differential treatment of American Eagle, Amy’s 9 Hallmark Shop, ZAGG, and hundreds of other interior retailers—and neither the 10 County nor any other Defendant has offered one. 11 71. The County’s arbitrary treatment of interior retailers is evident across 12 the County’s indoor malls as well. Large, multilevel stores like Nordstrom, Macy’s, 13 and JCPenney have been permitted to operate at Westfield Topanga, Fashion Square, 14 Westfield Culver City, Westfield Santa Anita, and Valencia Town Center for several 15 months, merely because they have exterior entrances. However, numerous stores 16 similarly selling apparel, cosmetics, shoes, and housewares in the malls’ interiors 17 have been forced to close—including Metropolis Big & Tall and My Dream 18 Boutique. There is no reason to believe that, by virtue of their placement, stores 19 within indoor malls and shopping centers (which almost uniformly have wide, high- 20 ceilinged, and well-ventilated internal walkways) as a class are riskier than shopping 21 center stores with exterior entrances. There accordingly is no rational basis for this 22 differential treatment among the mall’s retailers—and neither the County nor any 23 other Defendant has offered one. 24 72. The arbitrariness of these classifications is particularly evident in the 25 distinction made between department stores (in which varying types of goods are 26 sold within different sections, and under the same roof, of the same commonly 27 owned store) and indoor malls (in which varying types of goods are sold within 28 separately owned stores within the same mall). There is no rational reason to

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1 conclude that the separate ownership of the stores within a mall pose a greater risk 2 than the commonly owned but distinct sections of a department store. 3 73. The County Order’s irrationality when it comes to distinctions among 4 retail stores is also pronounced because it permits small retailers with narrow aisles 5 and low ceilings to remain open if they have an exterior entrance, but forbids all 6 retailers—no matter how large and well ventilated—to remain closed if they are 7 located in the interior of a mall or shopping center. 8 74. The irrationality of the County Order is further demonstrated by the fact 9 that the County elected to follow the Statewide Order and generally allow hair salons 10 and barbershops to resume operations at 25% maximum capacity, in accordance with 11 Tier 1 restrictions, beginning on September 2, 2020. County Order ¶ 9(e). Yet not 12 only can Salon Dioro, located in Fashion Square’s interior and offering haircuts and 13 coloring, not resume operations, but neither can interior retailers such as Express 14 Jewelry and Repairs, which repairs jewelry in Westfield Culver City’s interior, a 15 service that requires no person-to-person contact. It is inexplicable that the County 16 Order would choose to defy State guidance with respect to indoor malls—which 17 easily allow for social distancing when at reduced capacity—but to follow the State’s 18 directive when it comes to salons and barbershops, as long as the business is not 19 located in the interior of an indoor mall. 20 75. As a result of these irrational policies, consumers seeking products and 21 services are now limited to shopping in a smaller number of governmentally favored 22 businesses, resulting in a greater concentration of consumers in a smaller number of 23 retail locations, rather than a disbursement of those people across large spaces where 24 social distancing would actually be more achievable. 25 Virtually All Other Jurisdictions Have Rejected Defendants’ 26 Arbitrary Interior/Exterior Mall Dichotomy 27 76. The County Order’s decision to close indoor malls and their interior 28 retailers while allowing retail stores with exterior entrances to remain open stands in

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1 stark contrast to the approaches taken not only by California, but also by state and 2 local governments throughout the country. Although some states and localities 3 initially distinguished between interior and exterior mall and shopping center 4 retailers, they have virtually unanimously eliminated such distinctions as 5 policymakers became aware of the actual science and data. And some states, such 6 as Florida and Texas, never recognized the arbitrary interior/exterior distinction at 7 all. 8 77. To Plaintiffs’ knowledge, no state still prohibits indoor malls and 9 shopping centers from operating, and Los Angeles County is the only California 10 county to prohibit indoor mall and shopping center operations while allowing 11 exterior retailers to remain open. In fact, only five of the 32 commercial retail 12 properties that Westfield manages—which span seven states and six California 13 counties—are currently closed: Westfield Topanga, Fashion Square, Westfield 14 Culver City, Westfield Santa Anita, and Valencia Town Center. The County is an 15 extreme outlier, to the detriment of My Dream Boutique, Ms. Khachatryan, Ms. 16 Virabyan, Salon Dioro, Mr. Avetisyan, Al-Azim, Mr. Mohammed, all of the 17 County’s other businesses and residents, and the community at large. 18 Plaintiffs Have Been Afforded No Process To Challenge The Lack Of Any 19 Rational Basis For The County Order Or The Distinctions It Draws 20 78. According to the County Order, Dr. Davis, as County Health Officer, 21 may “issue Orders that are more restrictive than the guidance and orders issued by 22 the State Public Health Officer” only “after consultation with the Board of 23 Supervisors.” County Order ¶ 25. There is no evidence that Dr. Davis consulted 24 with the Board before issuing the County Order, which is more restrictive than the 25 Statewide Order. The lack of consultation is apparent, as any consultation would 26 have had to occur during a meeting open to the public under California’s Ralph M. 27 Brown Act, California Government Code § 54950 et seq. 28

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1 79. No other process was available to Plaintiffs or other interested members 2 of the public to present data to the County Health Officer or Board or otherwise 3 influence the County Order before it went into effect. 4 80. Even though the County Order remains effective indefinitely, it does 5 not allow for any process to challenge, before the County Health Officer or Board, 6 its irrational classifications and determinations. 7 81. If a process were available, Plaintiffs would present scientific evidence 8 showing that indoor malls, shopping centers, and their interior retailers present no 9 greater public health risk than outdoor malls, other retailers, big-box stores, 10 barbershops, hair salons, and other businesses that have been allowed to remain open 11 or reopen. In fact, Plaintiffs would present evidence showing that indoor malls and 12 shopping centers are safer and allow ample opportunities for social distancing, and 13 that retailers like My Dream Boutique, Salon Dioro, and Al-Azim, as well as 14 managers like Westfield, have made substantial investments and developed stringent 15 protocols to protect employees and customers from the spread of COVID-19. 16 Defendants’ Irrational Actions Have Harmed 17 Plaintiffs And Residents Throughout the County 18 82. The County’s arbitrary closure of indoor malls and their interior 19 retailers has caused, and will continue to cause, substantial harms to Plaintiffs, their 20 employees, the community, and the retailers, operators, and employees of indoor 21 malls and shopping centers throughout the County. These harms include monetary 22 losses due to reduced income, sales, and rent payments, and non-monetary and 23 existential losses in the form of the loss of customer goodwill. My Dream Boutique, 24 Salon Dioro, and Al-Azim and other retailers also face the potential long-term loss 25 of customer traffic, as consumers adjust their shopping habits; utilize more and more 26 retailers outside of Westfield Topanga, Fashion Square, Westfield Culver City, 27 Westfield Santa Anita, and Valencia Town Center; and develop potentially long- 28

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1 term loyalty and brand affinity for the operating stores as a substitute for those in the 2 interior of County malls. 3 83. Al-Azim has been forced to close its only location due to the County’s 4 indefensible policy, simply because it is located in the interior of Westfield Culver 5 City. Al-Azim’s business depends on foot traffic in the mall; closing the store has 6 caused sales and profitability to all but vanish. Mr. Mohammed, an owner and 7 employee of Al-Azim, has been devastated by this sudden upheaval of his business. 8 He began the business nearly 30 years ago with his two brothers, and they have 9 poured their hearts and souls into building and running the business while raising 10 their children. The business cannot continue under these conditions, and Al-Azim 11 anticipates that it will be forced to permanently close Metropolis Big & Tall if the 12 County does not immediately lift the closure order. 13 84. Due to the steep dropoff in sales and profitability, Al-Azim is no longer 14 able to pay Mr. Mohammed a salary or shareholder dividends. Mr. Mohammed is 15 living off of savings and minimal unemployment insurance payments to support 16 himself and his family. 17 85. My Dream Boutique has similarly been forced to close simply because 18 it operates in the interior of Fashion Square. Although it offers merchandise on its 19 website and through curbside pickup, the store relies on foot traffic within the mall 20 and has seen sales and profitability plummet since the closure. Mother and daughter 21 Ms. Khachatryan and Ms. Virabyan run the store together and have given everything 22 they have to build their family business from scratch. The store must place orders 23 with vendors many months in advance, and the full orders that My Dream Boutique 24 placed prior to the COVID-19 pandemic have recently arrived, without any 25 discounts or relief to the business. Inventory is piling up in the store as it is unable 26 to sell the new arrivals and merchandise from last season. My Dream Boutique 27 could not cancel these orders without threatening the long-term viability of the 28 business, because vendors would cancel the store’s accounts if it refused to accept

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1 orders. The business cannot continue to operate as inventory and bills pile up—My 2 Dream Boutique estimates that it would have to permanently close in the next month 3 or two if indoor operations at Fashion Square do not reopen. 4 86. Because of the closure and resulting loss of sales, My Dream Boutique 5 is no longer able to pay Ms. Khachatryan or Ms. Virabyan a salary or shareholder 6 dividends. They have relied on unemployment insurance payments and savings to 7 get by, but have been forced to take out large loans to cover payments to vendors 8 and to keep their business afloat. 9 87. Despite the Statewide Order clearing the way for salons and 10 barbershops to reopen throughout California in late August, Salon Dioro remains 11 closed merely due to its location in Fashion Square’s interior. The business depends 12 on both foot traffic within the mall, and the loyalty of repeat customers that often 13 see the same stylist for haircuts and coloring for years. Salon Dioro has built this 14 customer loyalty over almost a decade in business at Fashion Square, but the longer 15 the salon remains clothed, the more customers will find stylists at other salons, and 16 perhaps make a permanent switch. Mr. Avetisyan is devastated by this downturn of 17 the business he and his wife have worked so hard to build, and Salon Dioro 18 anticipates that it would only continue for another month or two before it is forced 19 to permanently close. 20 88. As a result of the County Order, Salon Dioro is no longer able to pay 21 Mr. Avetisyan a salary or shareholder dividends. Mr. Avetisyan is living off of 22 savings and minimal unemployment insurance payments to support himself and his 23 family. 24 89. My Dream Boutique, Salon Dioro, Al-Azim, and likely hundreds of 25 other interior retailers at Westfield Topanga, Fashion Square, Westfield Culver City, 26 Westfield Santa Anita, and Valencia Town Center would reopen at 25% capacity if 27 permitted by the County. As permitted by the Statewide Order, several Westfield- 28 managed malls in other California counties reopened on August 31, 2020 at 25%

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1 capacity, including Palm Desert (Riverside County), Valley Fair (Santa Clara 2 County), and Galleria at Roseville (Placer County). Currently, 72% to 87% of 3 retailers at those malls are open for business. These numbers suggest that a 4 substantial number of interior retailers at the Westfield-managed Los Angeles 5 County malls would quickly reopen at 25% capacity, particularly given that a 6 number of the same retailers operate at the open malls and the currently closed 7 County malls. Interior retailers and their employees throughout the County, fully 8 ready and able to reopen under the Statewide Order’s restrictions, are suffering 9 severe damages daily as their businesses remain closed and their employees remain 10 out of work. 11 90. The County Order infringes on the property rights of My Dream 12 Boutique, Salon Dioro, and Al-Azim. Interior retailers, including My Dream 13 Boutique, Salon Dioro, and Al-Azim, lease space specifically to provide retail 14 shopping and services to the public , a safe and lawful purpose that would be possible 15 virtually anywhere else in the country. My Dream Boutique, Salon Dioro, and Al- 16 Azim and other similarly situated interior retailers have property rights in those 17 leases, have licenses allowing them to do business, have property rights in the 18 continued operation of their businesses, and have developed substantial goodwill 19 among customers and the public. Many interior retailers—like My Dream Boutique, 20 Salon Dioro, and Al-Azim—depend critically on foot traffic from the millions of 21 mall patrons annually for sales. The County Order prevents these businesses from 22 operating, depriving them of these property rights. Likewise, Westfield Topanga, 23 Fashion Square, Westfield Culver City, Westfield Santa Anita, and Valencia Town 24 Center are unable to operate for indoor public shopping—even though they are 25 licensed for that purpose, they have developed substantial goodwill among their 26 millions of visitors each year, and their owners have invested hundreds of millions 27 of dollars to make these malls safe and attractive shopping destinations. 28

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1 91. The County Order also infringes the rights of Ms. Khachatryan, Ms. 2 Virabyan, Mr. Avetisyan, Mr. Mohammed, and employees of other interior retailers 3 to pursue their chosen occupations. Ms. Khachatryan, Ms. Virabyan, Mr. Avetisyan, 4 and Mr. Mohammed are each employees of companies whose sole business location 5 is in an indoor mall, and is therefore closed due to the arbitrary and irrational County 6 Order. As a result of the store closures, Ms. Khachatryan, Ms. Virabyan, Mr. 7 Avetisyan, and Mr. Mohammed are unable to receive salaries from their companies, 8 and their companies may soon go out of business if the County Order is not lifted 9 immediately. 10 92. Plaintiffs’ damages attributable to Defendants’ policies are severe and 11 continue to mount each day. 12 93. My Dream Boutique, Salon Dioro, and Metropolis Big & Tall remain 13 closed, are unable to generate meaningful revenue, and incur losses due largely to 14 expenses that cannot be reduced. Were the store allowed to reopen, they would see 15 far more foot traffic and sales. Normally, My Dream Boutique employs five people, 16 Al-Azim employs four people, and about 20 people work at Salon Dioro. However, 17 each of these stores has had to lay off all of its employees. 18 94. These injuries only begin to describe those that interior retailers have 19 suffered and will continue to suffer. Interior retailers selling perishable goods, for 20 example, face significant losses due to the possibility of inventory spoilage while 21 their stores remain closed. 22 95. The sustained closures of Westfield Topanga, Fashion Square, 23 Westfield Culver City, Westfield Santa Anita, and Valencia Town Center also affect 24 the rent retailers pay, causing damage to Westfield and the mall owners. Interior 25 retailers generally pay a minimum monthly rent, certain pass-through charges (such 26 as for maintenance and taxes—which are still fully assessed while the malls remain 27 closed), and a percentage of gross sales. Although retailers are obligated to pay 28 minimum monthly rent during the term of their lease even if their stores are not open,

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1 many interior retailers at Westfield Topanga, Fashion Square, Westfield Culver City, 2 Westfield Santa Anita, and Valencia Town Center are unable to generate revenue to 3 pay rent because the County Order prevents them from operating their stores in the 4 mall. Accordingly, many have sought rent concessions and renegotiation of the 5 terms of their leases. The longer the interior of these malls stays closed, the more 6 likely it becomes that retailers will be forced out of business, damaging the retailers, 7 their employees, Plaintiffs, and the community. 8 96. Westfield’s malls are planned and designed in what is referred to in the 9 industry as a “cooperative enterprise” or a “co-dependent enterprise,” with a curated 10 mix of retailers designed to allow for an efficient flow of customers, maximize 11 commercial transactions, and make each mall an attractive lifestyle destination in its 12 particular community. Due to the dependency of the stores upon one another to form 13 a well-functioning whole, departures of retailers can wreak havoc on other retailers 14 and on the revenues and value of the mall itself. Indeed, retail leases often include 15 a “co-tenancy clause” that provides for rent reduction if vacancies in the mall reach 16 a certain threshold. Vacancies in a mall breed additional vacancies because a mall’s 17 reputation is dependent on stores being open and operating, and the effort required 18 to rehabilitate lost reputation is incalculable. Further, when stores close, not only 19 does the mall experience revenue and value loss, but the mall is also forced to incur 20 taxes, maintenance obligations, and other expenses that departing tenants had been 21 paying as part of their lease obligations. The cascading, domino effect of both direct 22 monetary losses and intangible and reputational harm to Westfield’s malls in the 23 County will be overwhelming absent immediate relief from the County Order. 24 97. The County Order is enforceable through criminal sanctions. State law 25 authorizes law enforcement, including Defendant Alex Villanueva, in his official 26 capacity as Sheriff of the County, to enforce orders of the County Health Officer. 27 See, e.g., Cal. Health & Safety Code § 101029; Cal. Gov’t Code § 26602. The 28 County Order itself requests the assistance of law enforcement to “ensure

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1 compliance with and enforcement of this Order” and makes “[t]he violation of any 2 provision of this Order . . . a public nuisance . . . punishable by fine, imprisonment, 3 or both.” County Order ¶ 27. Plaintiffs and their employees—along with the many 4 other interior retailers and their employees—would thus face criminal penalties if 5 they violated the terms of the arbitrary and unsupported County Order. 6 CLASS ACTION ALLEGATIONS 7 98. My Dream Boutique, Salon Dioro, and Al-Azim (collectively, “Class 8 Plaintiffs”) bring this action pursuant to Federal Rule of Civil Procedure 23(a), 9 (b)(1)(A), (b)(2), and (b)(3) on behalf of themselves and all others similarly situated. 10 The proposed class is defined as follows: 11 All retailers at Westfield Topanga, Fashion Square, Westfield Culver City, Westfield Santa Anita, and Valencia Town Center that do not have 12 an exterior entrance and are not “Essential Businesses” as defined in 13 the County of Los Angeles Health Officer’s Order, titled “Reopening Safer at Work and in the Community for Control of COVID-19,” and 14 last revised on September 4, 2020, and that thus must remain closed to 15 the public for in-person shopping under the terms of that Order.

16 99. The proposed class is so numerous that joinder of all members is 17 impractical. According to Plaintiffs’ records, over 550 interior retailers at Westfield 18 Topanga, Fashion Square, Westfield Culver City, Westfield Santa Anita, and 19 Valencia Town Center are not Essential Businesses (approximately 180 retailers at 20 Westfield Topanga, 82 at Fashion Square, 105 at Westfield Culver City, 117 at 21 Westfield Santa Anita, and 74 at Valencia Town Center). Many of them are small 22 businesses that have experienced severe financial hardship due to prolonged closures 23 amid the COVID-19 pandemic and are unable to institute suit on their own behalf. 24 In addition, the County Order was recently issued, and immediate relief from it is 25 necessary. There is insufficient time to join all members of the proposed class. 26 100. There are questions of law and fact that are common to the proposed 27 class. All members of the proposed class are interior retailers at Westfield Topanga, 28

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1 Fashion Square, Westfield Culver City, Westfield Santa Anita, and Valencia Town 2 Center that are not Essential Businesses and are thus closed to public, in-person 3 shopping and services due to the County Order. Members of the proposed class have 4 suffered common federal and state constitutional injuries from the County Order, 5 which arbitrarily and irrationally treats proposed class members differently based 6 solely on their location in the interior of a mall—a distinction that has no scientific 7 or other rational basis. Members of the proposed class have suffered, and will 8 continue to suffer, injury to their property rights, financial harms, and loss of 9 goodwill due to the County Order. Their shared common facts and harms will ensure 10 that judicial findings regarding the legality of the County Order will be the same for 11 all members of the proposed class. Should Class Plaintiffs prevail, all proposed class 12 members will benefit, as the interior of Westfield Topanga, Fashion Square, 13 Westfield Culver City, Westfield Santa Anita, and Valencia Town Center—and 14 proposed class members’ businesses—will be permitted to reopen. 15 101. Class Plaintiffs’ claims are typical of the claims of the proposed class. 16 Class Plaintiffs and proposed class members raise common legal claims and are 17 united in their interests and injuries. Class Plaintiffs are interior retailers at Fashion 18 Square and Westfield Culver City that are not Essential Businesses, and have thus 19 been forced to close to the public by the County Order. The other class members 20 are interior retailers at Westfield Topanga, Fashion Square, Westfield Culver City, 21 Westfield Santa Anita, and Valencia Town Center that are not Essential Businesses, 22 and have thus been forced to close to in-person public shopping and services by the 23 County Order. Class Plaintiffs and the members of the proposed class are thus 24 victims of the same, unlawful order, for which Defendants are responsible. 25 102. Class Plaintiffs are adequate representatives of the proposed class. 26 Class Plaintiffs seek relief on behalf of the proposed class as a whole and have no 27 interest antagonistic to other members of the proposed class. To the contrary, Class 28 Plaintiffs’ interests are aligned with those of other proposed class members: Class

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1 Plaintiffs’ businesses depend on foot traffic from the mall; when more stores are 2 open, more shoppers come to the mall, increasing Class Plaintiffs’ potential 3 customer base. Class Plaintiffs’ goal is to declare the unlawful County Order 4 invalid, to prevent enforcement of the County Order against Class Plaintiffs and 5 other retailers at Westfield Topanga, Fashion Square, Westfield Culver City, 6 Westfield Santa Anita, and Valencia Town Center, and to obtain compensation for 7 the property, financial, and other harms the County Order has inflicted on them. 8 Class Plaintiffs seek the same remedies for all class members. They are represented 9 by attorneys from Latham & Watkins LLP, who are experienced in class actions and 10 complex constitutional litigation against government actors, and have the resources 11 to successfully obtain class relief. Class Plaintiffs and their counsel intend to 12 prosecute this action vigorously. 13 103. Members of the proposed class may be ascertained from Plaintiffs’ 14 business records and can be personally notified of the pendency of this action by 15 first-class mail, e-mail, personal service, and/or published notice calculated to reach 16 all such members. 17 104. As this action involves the validity of the County Order, inconsistent or 18 varying adjudications with respect to individual members of the proposed class 19 could establish incompatible standards of conduct for Defendants. See Fed. R. Civ. 20 P. 23(b)(1)(A). 21 105. Defendants have acted or refused to act on grounds that apply generally 22 to the proposed class, and final declaratory and injunctive relief is appropriate 23 respecting the proposed class as a whole. See Fed. R. Civ. P. 23(b)(2). 24 106. The questions of fact and law common to Class Plaintiffs and members 25 of the proposed class predominate over any questions affecting individual members. 26 A class action is superior to other available methods for fairly and efficiently 27 adjudicating this controversy because, among other things: (a) the County Order 28 applies to all proposed class members, Class Plaintiffs and proposed class members

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1 are entitled to uniform relief, and individualized actions could result in incompatible 2 standards of conduct for Defendants; (b) members of the proposed class could not 3 reasonably be expected to seek legal redress individually, as they are suffering 4 severe financial hardship from the continued forced closure of their businesses; (c) 5 time is of the essence to keep Class Plaintiffs and other proposed class members 6 from going out of business; (d) it is desirable to concentrate this litigation in this 7 District since Class Plaintiffs, other proposed class members, Westfield, Westfield 8 Topanga, Fashion Square, Westfield Culver City, Westfield Santa Anita, Valencia 9 Town Center, and Defendants are all located in the District; (e) the class action 10 procedure provides the benefits of adjudicating the issues raised in a single 11 proceeding, economies of scale, and comprehensive supervision by a single court; 12 and (f) this action presents no unusual management difficulties. See Fed. R. Civ. P. 13 23(b)(3). 14 107. For these reasons, this case should be certified as a class action. 15 FIRST CAUSE OF ACTION 16 (42 U.S.C. § 1983 and Ex Parte Young—Equal Protection) 17 108. All of the foregoing paragraphs are incorporated as though fully set 18 forth herein. 19 109. The Fourteenth Amendment to the United States Constitution forbids 20 Defendants from “deny[ing] any person . . . the equal protection of the laws.” The 21 basic principle animating this command is that the government must treat similarly 22 situated persons similarly; “[w]hen those who appear similarly situated are 23 nevertheless treated differently, the Equal Protection Clause requires at least a 24 rational reason for the difference.” Engquist v. Or. Dep’t of Agric., 553 U.S. 591, 25 602 (2008). 26 110. Under the County Order, many businesses—including big-box retailers 27 like Walmart, large department stores located in malls, and small businesses, 28 including barbershops—are allowed to open to the public, if they have an exterior

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1 entrance. Yet similarly situated non-essential businesses located in indoor malls and 2 shopping centers cannot open to the public for in-person shopping and services at 3 all—just because of their interior locations. And even the operations of essential 4 businesses located in indoor malls and shopping centers are restricted by comparison 5 with like businesses not located in indoor malls or shopping centers. County Order 6 ¶ 9(d); see Appendix E. 7 111. There is no rational reason for this difference in treatment. The 8 Statewide Order allows indoor malls and shopping centers to reopen, and the County 9 Order classifies indoor malls and shopping centers as Lower-Risk Businesses, the 10 same classification given to many other businesses that are allowed to open. County 11 Order ¶ 9. The County Order cites no evidence supporting the determination to force 12 indoor malls and shopping centers to remain closed while allowing other, similar 13 businesses to open. And there is none. According to the scientific evidence, indoor 14 malls and shopping centers, and the stores connected to them, pose no greater public 15 health risk than other, similar businesses that are allowed to open. 16 112. The only distinguishing feature of the interior stores that must stay 17 closed is the need to pass through the vast common areas of indoor malls for access. 18 But retail shopping—including at stores that are allowed to remain open—almost 19 always involves being indoors. There is nothing about the indoor common areas of 20 indoor malls and shopping centers that makes transmission of COVID-19 there more 21 likely than in other retail properties. To the contrary, the common areas of indoor 22 malls and shopping centers generally are wider and higher ceilinged than the 23 narrower aisles of big-box stores and department stores, much less the far more 24 cramped spaces inside smaller stores and businesses, and thus offer better air 25 circulation and more room for social distancing—factors key to inhibiting the spread 26 of COVID-19. 27 113. Moreover, interior retailers like Class Plaintiffs, and indoor mall and 28 shopping center managers like Westfield, stand ready to abide by capacity

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1 limitations, social distancing measures, and other guidelines meant to inhibit the 2 spread of COVID-19. Indeed, Plaintiffs have invested significant resources and 3 developed stringent protocols meant to protect employees and customers that go 4 beyond what many jurisdictions require. 5 114. The disparate treatment visited on indoor malls and shopping centers is 6 wholly irrational and violates equal protection. Plaintiffs and the proposed class 7 have suffered harm to their property rights, financial harm, and harm to their 8 goodwill on account of the County Order, and will continue to suffer such harms 9 unless Defendants are enjoined from enforcing the County Order against them. 10 SECOND CAUSE OF ACTION 11 (42 U.S.C. § 1983 and Ex Parte Young—Due Process) 12 115. All of the foregoing paragraphs are incorporated as though fully set 13 forth herein. 14 116. The Fourteenth Amendment to the United States Constitution forbids 15 Defendants from “depriv[ing] any person of life, liberty, or property, without due 16 process of law.” This prohibition includes a substantive component—protection 17 from arbitrary government action—and a procedural component—a guarantee of 18 appropriate process before a governmental deprivation of a protected interest. See, 19 e.g., Daschke v. Hartenstein, 420 F. Supp. 3d 919, 937 (D. Ariz. 2019) (citing cases). 20 117. By forcing interior retailers to remain closed to the public, the County 21 Order deprives Plaintiffs and proposed class members of several interests protected 22 by due process, including, among other things, the right to use Westfield Topanga, 23 Fashion Square, Westfield Culver City, Westfield Santa Anita, and Valencia Town 24 Center, and premises leased to interior retailers, for their intended, longstanding, and 25 otherwise lawful purpose of providing indoor shopping and services to the public; 26 the right to allow public access to the interior of Westfield Topanga, Fashion Square, 27 Westfield Culver City, Westfield Santa Anita, and Valencia Town Center, and the 28 premises leased to interior retailers, including Class Plaintiffs and proposed class

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1 members; the right to pursue one’s chosen occupation; the right to continued 2 business operations; rights under business licenses; and business goodwill. See, e.g., 3 Soranno’s Gasco, Inc. v. Morgan, 874 F.2d 1310, 1316-17 (9th Cir. 1989). 4 118. These deprivations are wholly arbitrary. The Statewide Order allows 5 indoor malls and shopping centers to reopen, and the County Order classifies indoor 6 malls and shopping centers as Lower-Risk Businesses, a category that is generally 7 allowed to reopen. There is no scientific evidence showing that indoor malls and 8 shopping centers pose any greater public health risk than businesses that the County 9 Order allows to open, nor any rational basis for inferring such a distinction. And the 10 County Order does not even attempt to provide any valid public health-related reason 11 for treating indoor malls and shopping centers differently. 12 119. The County Order also fails to afford those whose rights it compromises 13 any process whatsoever. Before the County Order went into effect, Plaintiffs, 14 proposed class members, and other interested members of the public had no 15 opportunity to present data showing that indoor malls and shopping centers are safe, 16 and that the distinctions the County Order draws are irrational. Nor does the County 17 Order provide any post-deprivation process. Even though the County Order has no 18 fixed end date, and could remain effective for the foreseeable future, it provides no 19 process for challenging the arbitrary distinctions it draws between businesses 20 allowed to open and those forced to stay closed. See County Order ¶ 28. 21 120. There is no justification for this total lack of process. The COVID-19 22 pandemic has persisted for months, and absent some process for challenging the 23 County Health Officer’s decision indoor malls and shopping centers could remain 24 closed indefinitely, for no valid reason. “[E]ven the war power does not remove 25 constitutional limitations safeguarding essential liberties.” Bowles v. Willingham, 26 321 U.S. 503, 521 (1944) (citation omitted). 27 121. If due process were available, Plaintiffs would present scientific 28 evidence showing that indoor malls and shopping centers present no greater public

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1 health risk than outdoor malls, other retailers, big-box stores, barbershops, hair 2 salons, and other businesses that have been allowed to remain open or reopen. 3 122. The continued forced closure of indoor malls and shopping centers, as 4 well as their interior retailers, violates due process. Plaintiffs and the proposed class 5 have suffered harm to their property rights, financial harm, and harm to their 6 goodwill on account of the County Order, and will continue to suffer such harms 7 unless Defendants are enjoined from enforcing the County Order against them. 8 THIRD CAUSE OF ACTION 9 (42 U.S.C. § 1983—Monell) 10 123. All of the foregoing paragraphs are incorporated as though fully set 11 forth herein. 12 124. Pursuant to Monell v. Department of Social Services of the City of New 13 York, 436 U.S. 658 (1978), the County and the Board are liable for damages when a 14 County policy, custom, or practice is the moving force behind a constitutional 15 violation. See, e.g., Castro v. County of Los Angeles, 833 F.3d 1060, 1073 (9th Cir. 16 2016) (en banc). 17 125. Dr. Davis, the County Health Officer, is a county officer and 18 policymaker authorized to issue orders on behalf of the County, to enforce those 19 orders, and to request the assistance of law enforcement in enforcing those orders. 20 See, e.g., Cal. Health & Safety Code §§ 101000, 101029, 101030, 101040. The 21 County Order represents an official policy, custom, or practice of the County. 22 126. The County Order directly causes the constitutional violations 23 described above. Under state law and the Statewide Order, indoor malls and 24 shopping centers are allowed to open. The County Order—and only the County 25 Order—requires the arbitrary, irrational, and discriminatory closure of indoor malls 26 and shopping centers. 27 127. The County and the Board have exhibited deliberate indifference to 28 constitutional rights by, for example, allowing the County Health Officer to issue

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1 the County Order without the consultation directed under the terms of the County 2 Order. 3 128. Under Monell, the County and the Board are liable for damages 4 resulting from the constitutional violations described above. 5 FOURTH CAUSE OF ACTION 6 (California Constitution—Article I, § 7) 7 129. All of the foregoing paragraphs are incorporated as though fully set 8 forth herein. 9 130. Under article I, § 7 of the Constitution of the State of California, “[a] 10 person may not be deprived of life, liberty, or property without due process of law 11 or denied equal protection of the laws.” This provision is “self-executing.” 12 Katzberg v. Regents of the Univ. of Cal., 58 P.3d 339, 342 (Cal. 2002); see Cal. 13 Const. art. I, § 26 (“The provisions of this Constitution are mandatory and 14 prohibitory, unless by express words they are declared to be otherwise.”). And it is 15 “not dependent on [the rights] guaranteed by the United States Constitution.” Cal. 16 Const. art. I, § 24. 17 131. “California’s state equal protection guarantee . . . is broader than its 18 federal counterpart.” People v. Cowan, 260 Cal. Rptr. 3d 505, 536 (Ct. App. 2020) 19 (Streeter, J., concurring); see id. (collecting cases). The irrational closure of indoor 20 malls and shopping centers while other Lower-Risk Businesses are allowed to open, 21 which violates federal equal protection principles, necessarily also violates 22 California equal protection principles. 23 132. California’s due process guarantee is also broader than its federal 24 counterpart, focusing on the “due process liberty interest to be free from arbitrary 25 adjudicative procedures” and “protect[ing] a broader range of interests” than the 26 United States Constitution. Ryan v. Cal. Interscholastic Fed’n—San Diego Section, 27 114 Cal. Rptr. 2d 798, 814 (Ct. App. 2001). As discussed above, the County Order 28 arbitrarily forces the closure of indoor malls and shopping centers and deprives

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1 Plaintiffs and the proposed class of, among other things, the right to use Westfield 2 Topanga, Fashion Square, Westfield Culver City, Westfield Santa Anita, and 3 Valencia Town Center, and premises leased to interior retailers, for their intended, 4 longstanding, and otherwise lawful purpose of providing indoor shopping and 5 services to the public; the right to allow public access to the interior of Westfield 6 Topanga, Fashion Square, Westfield Culver City, Westfield Santa Anita, and 7 Valencia Town Center, and the premises leased to interior retailers, including Class 8 Plaintiffs and proposed class members; the right to pursue one’s chosen occupation; 9 the right to continued business operations; rights under business licenses; and 10 business goodwill—all without any pre- or post-deprivation process whatsoever. 11 The County Order therefore offends California due process principles. 12 133. The County Order violates article I, § 7 of the California Constitution. 13 Plaintiffs and the proposed class have suffered harm to their property rights, 14 financial harm, and harm to their goodwill on account of the County Order, and will 15 continue to suffer such harms unless Defendants are enjoined from enforcing the 16 County Order against them. 17 FIFTH CAUSE OF ACTION 18 (California Constitution—Improper Delegation Of Legislative Power) 19 134. All of the foregoing paragraphs are incorporated as though fully set 20 forth herein. 21 135. The California Constitution prohibits State and local governmental 22 entities from delegating legislative power. See Kugler v. Yocum, 445 P.2d 303, 304- 23 05 (Cal. 1968); see id. at 305 (“[T]he doctrine prohibiting delegation of legislative 24 power . . . is well established in California.”). To prevent an unlawful delegation of 25 legislative power, a legislative body must, at a minimum, “declare a policy, fix a 26 primary standard, and authorize executive or administrative officers to prescribe 27 subsidiary rules and regulations that implement the policy and standard and to 28 determine the application of the policy or standard to the facts of particular cases.”

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1 Birkenfeld v. City of Berkeley, 550 P.2d 1001, 1028 (Cal. 1976). In addition, a 2 legislative body must “establish an effective mechanism to assure the proper 3 implementation of its policy decisions.” Id. at 1029; see Gerawan Farming, Inc. v. 4 Agric. Lab. Rels. Bd., 405 P.3d 1087, 1103 (Cal. 2017) (“[A] statute delegating 5 legislative power must be accompanied by ‘safeguards adequate to prevent its 6 abuse.’” (quoting Kugler, 445 P.2d at 306)). 7 136. If the County Order was not an executive action subject to due process 8 and other limitations, then it was a legislative act. But if the County Order was a 9 legislative act, it would plainly transgress California principles regarding the 10 delegation of legislative power. 11 137. Dr. Davis’s authority to issue the County Order is based on California 12 Health & Safety Code §§ 101040, 101085, and 120175. See County Order at 2. 13 Section 101040(a) allows a health officer to “take any preventive measure that may 14 be necessary to protect and preserve the public health from any public health hazard 15 during any ‘state of war emergency,’ ‘state of emergency,’ or ‘local emergency,’ as 16 defined by Section 8558 of the Government Code, within his or her jurisdiction.” 17 Section 101040(b) defines “preventive measure” broadly, meaning “abatement, 18 correction, removal or any other protective step that may be taken against any public 19 health hazard that is caused by a disaster and affects the public health.” Section 20 101085(a)(1) allows a health officer, during a health emergency, to require 21 information needed “to take any action necessary to abate the health emergency . . . 22 or protect the health of persons in the jurisdiction, or any area thereof, who are, or 23 may be affected.” Section 120175 requires a health officer who knows that a 24 reportable infectious disease exists within his or her jurisdiction to “take measures 25 as may be necessary to prevent the spread of the disease or occurrence of additional 26 cases.” 27 138. These statutes do not provide any articulable standard to guide a health 28 officer’s actions. These statutes do not require a health officer to make any findings

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1 based on evidence, and they provide no standards to judge what measures are 2 “necessary to protect and preserve the public health” and when those measures are 3 no longer “necessary.” The statutes give health officers virtually limitless authority 4 to take any “protective step” they deem necessary in their sole discretion. 5 139. Moreover, the statutes provide absolutely no safeguards to prevent 6 abuse. There is no requirement that the health officer periodically review his or her 7 orders, and there is no statutory process to challenge a health officer’s order. Even 8 if the lack of safeguards were defensible during short-term health emergencies, it is 9 completely indefensible during a global pandemic that has already lasted months and 10 may persist for many more. The authority of the unelected health officer to regulate 11 conduct for an indefinite period of time cannot go unchecked. Cf. Birkenfeld, 550 12 P.2d at 1029-30 (charter amendment invalid because it effectively prevented rent 13 control board from adjusting rents, “making inevitable the arbitrary imposition of 14 unreasonably low rent ceilings” for an “indefinite period”). 15 140. The concerns underlying the nondelegation principle are on full display 16 here. The County Order provides no reason why it is “necessary to protect and 17 preserve the public health” to force indoor malls and shopping centers to stay closed 18 when other retail businesses may open. Nor is there in fact any valid public health 19 reason to force indoor malls and shopping centers to remain closed. Yet Dr. Davis’s 20 decision to force them to stay closed is effective indefinitely, County Order ¶ 28, 21 and is not subject to administrative review. 22 141. The statutory delegation of legislative power to health officers is 23 invalid, on its face and as applied to the County Order. As a result, the County Order, 24 issued pursuant to California Health & Safety Code §§ 101040, 101085, and 120175, 25 is ultra vires and cannot be enforced. Plaintiffs and the proposed class have suffered 26 harm to their property rights, financial harm, and harm to their goodwill on account 27 of the County Order, and will continue to suffer such harms unless Defendants are 28 enjoined from enforcing the County Order against them.

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1 PRAYER FOR RELIEF 2 WHEREFORE, Class Plaintiffs, on behalf of themselves and the proposed 3 class, and the other Plaintiffs pray for the following relief: 4 1. Certification of this action as a class action under Federal Rule of Civil 5 Procedure 23(a), (b)(1)(A), (b)(2), and (b)(3), appointment of Class Plaintiffs as 6 class representatives, and appointment of Latham & Watkins LLP as class counsel; 7 2. Judgment in favor of Plaintiffs and the proposed class and against 8 Defendants on all causes of action alleged herein; 9 3. General, special, compensatory, and incidental damages according to 10 proof; 11 4. A declaration that the County Order is invalid for one or more of the 12 reasons alleged herein; 13 5. Injunctive relief preventing the County Order from being enforced 14 against Plaintiffs and the proposed class; 15 6. Any and all other equitable relief, including preliminary and permanent 16 injunctive relief, that the Court deems appropriate; 17 7. An award to Plaintiffs for costs, expenses, and reasonable attorneys’ 18 fees as permitted by law; and 19 8. An award of such other and further relief as the Court deems just and 20 proper. 21 Dated: September 28, 2020 LATHAM & WATKINS LLP Michael G. Romey 22 Richard P. Bress Andrew D. Prins 23 Sarah F. Mitchell 24 Eric J. Konopka

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26 By /s/ Michael G. Romey Michael G. Romey 27 Attorneys for Plaintiffs and the Proposed Class 28

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1 DEMAND FOR JURY TRIAL 2 Plaintiffs hereby demand a trial by jury on all issues so triable. 3 Dated: September 28, 2020 LATHAM & WATKINS LLP Michael G. Romey 4 Richard P. Bress Andrew D. Prins 5 Sarah F. Mitchell 6 Eric J. Konopka

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8 By /s/ Michael G. Romey Michael G. Romey 9 Attorneys for Plaintiffs and the Proposed Class 10 11

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Exhibit 1 Case 2:20-cv-08896 Document 1-1 Filed 09/28/20 Page 2 of 4 Page ID #:48 State of California—Health and Human Services Agency California Department of Public Health

SANDRA SHEWRY, MPH, MSW GAVIN NEWSOM Acting Director Governor

Statewide Public Health Officer Order, August 28, 2020

On March 19, 2020, the State Public Health Officer issued an order directing all individuals living in the State of California to stay at home except as needed to facilitate authorized activities or to maintain the continuity of operations of critical infrastructure sectors. (See March 19, 2020 Order.) The scope of activities authorized under this order was subsequently modified in additional state public health directives. Then, consistent with Executive Order N-60-20, the State Public Health Officer set out California’s path forward from this “Stay-at-Home” Order in California’s Pandemic Resilience Roadmap. That Roadmap identified four stages of the pandemic: safety and preparation (Stage 1), reopening of lower-risk workplaces and other spaces (Stage 2), reopening of higher-risk workplaces and other spaces (Stage 3), and finally an easing of final restrictions leading to the end of the stay-at-home order (Stage 4). On July 13, 2020, in response to a significant increase in the spread of COVID-19, the State Public Health Officer ordered the statewide closure of operations in certain high-risk sectors. (See July 13, 2020 Order.) Counties on the County Monitoring List for three consecutive days were also required to close additional indoor operations for certain sectors in order to further slow community transmission.

Community spread of infection remains a significant concern across the state. In addition to the impact on the general population, community spread increases the likelihood of expanded transmission of COVID-19 in congregate settings such as nursing homes, homeless shelters, jails and prisons. Infection of vulnerable populations in these settings can be catastrophic. Higher levels of community spread also increase the likelihood of infection among individuals at higher risk of serious outcomes from COVID-19, including the elderly and those with underlying health conditions who might live or otherwise interact with an infected individual. COVID-19 infection is also disproportionately impacting our essential workforce. The anticipated influenza season is likely to impose additional burdens on the healthcare delivery system, increasing demand for space, supplies, and personnel.

The COVID-19 pandemic continues to evolve, and CDPH is continually monitoring new scientific evidence and improving its understanding of the disease. Based on the current state of the pandemic in California and current scientific understanding of transmission, it is my judgment that it is appropriate to further refine the approach in order to gradually reopen businesses and activities while reducing the risk of increased community spread. A targeted system for sector reopenings which considers both current epidemiological conditions and the latest understanding of transmission risk in certain

CDPH, MS 500 P.O. Box 997377 Sacramento, CA 95899-7377 (916) 558-1784 Department Website (www.cdph.ca.gov) Exhibit 1 47 Case 2:20-cv-08896 Document 1-1 Filed 09/28/20 Page 3 of 4 Page ID #:49

sectors will allow CDPH to monitor both counties and sectors for evidence of increased epidemiological risk and will reduce risk as California continues to reopen its economy and protect public health. California's Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe sets forth in detail the basis for the new Framework.

NOW, THEREFORE, I, as Acting State Public Health Officer of the State of California, order all of the following:

1. The updated framework for reopening, which shall be known as California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe, will rely on a set of Tiers corresponding to specific epidemiological profiles based on indicators of disease burden including case rates per capita and percent of positive covid-19 tests and proportion of testing and other covid-19 response efforts addressing the most impacted populations within a county. For each progressive Tier, this framework will permit a broader range of reopening guided by risk-based criteria pertinent to each sector. I may modify the epidemiological criteria for each Tier as well as the sectors, businesses, establishments, or activities within the Tiers as necessary based on the latest available public health information and research to protect public health and safety. The up-to-date Tier profiles and those sectors, businesses, establishments, or activities that are permitted to open in each Tier will be posted (along with necessary modifications), at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID- 19/COVID19CountyMonitoringOverview.aspx.

2. Pursuant to this framework, all local health jurisdictions in the state may reopen specified sectors according to their respective county’s Tier. However, a local health jurisdiction that moves to a Tier permitting further reopening must pause for 21 days, or a different period that I identify, before reopening additional sectors.

3. Conversely, a local health jurisdiction must also close sectors according to their respective county’s Tier consistent with the timeline and procedures set forth in California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe.

4. A local health jurisdiction may continue to implement or maintain more restrictive public health measures if the jurisdiction’s Local Health Officer determines that health conditions in that jurisdiction warrant such measures.

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Terms of Orders

5. This order shall go into effect August 31, 2020 and shall supersede the July 13, 2020 State Public Health Officer Order.

6. This order shall remain in effect until I determine it is appropriate to modify the order based on public health conditions.

7. I will continue to monitor the epidemiological data and will modify California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe as required by the evolving public health conditions. If I determine that it is necessary to change what will reopen or close, or otherwise modify the Plan, these modifications will be posted at California's Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe.

8. Except to the extent this order or other state public health directives expressly provide otherwise, all CDPH guidance continues to apply statewide.

9. All references in CDPH or other State guidance to the County Monitoring List or the County Data Monitoring List shall refer to those counties falling within Tier 1 of California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe.

10. This order is issued pursuant to Health and Safety Code sections 120125, 120130(c), 120135, 120140, 120145, 120150, 120175,120195 and 131080; EO N-60-20, N-25-20, and other authority provided for under the Emergency Services Act; and other applicable law.

Erica S. Pan, MD, MPH Acting State Public Health Officer California Department of Public Health

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Exhibit 2 Case 2:20-cv-08896 Document 1-2 Filed 09/28/20 Page 2 of 19 Page ID #:52 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ORDER OF THE HEALTH OFFICER

REOPENING SAFER AT WORK AND IN THE COMMUNITY FOR CONTROL OF COVID-19 MOVING THE COUNTY OF LOS ANGELES INTO STAGE 3 OF CALIFORNIA'S PANDEMIC RESILIENCE ROADMAP Revised Order Issued: September 4, 2020

Recent Update 9/4/2020 Updated data as of 9/3/2020 and revision dates on -A- last page. 9/2/2020 Updated to do the following: Align with state policy for the provision of school-based targeted, specialized support for a sub-set of students at schools that are otherwise closed for in-person instruction. Clarify use of small group cohorting for providing specialized services to students and supervised care for all children at schools. Allow barbershops and hair salons to reopen indoor operations with required modifications.

Please read this Order carefully. Violation of or failure to comply with this Order is a crime punishable by fine, imprisonment, or both. (California Health and Safety Code §120295; Los Angeles County Code § 11.02.080.) SUMMARY OF THE ORDER: This Revised County of Los Angeles Health Officer Order (Order) supersedes all prior Safer At Home orders (Prior Orders) issued by the County of Los Angeles Health Officer (Health Officer). This Order is issued to comply with State Executive Orders N-33-20 and N-60-20 issued by Governor Gavin Newsom, and the accompanying orders of the State Public Health Officer issued on March 19, May 7, July 13, July 17, 2020, and August 28, 2020.

as much as practicable, to limit close contact with others outside their household in both indoor and outdoor spaces. All persons who can telework or work from home should continue to do so as much as possible during this pandemic. Further, gatherings of people who are not part of a single household or living unit are prohibited within the County of Los Angeles Public Health Jurisdiction, except for the limited purposes expressly permitted by this Order. This Order allows persons to engage in all permitted activities, as defined by the Order, but requires that persons practice Social (Physical) Distancing, at all times while out in public and wear a cloth face covering over both the nose and mouth when in or likely to be in contact with others, to lower the risks of person-to-person contact for themselves and others. This Order is issued to align the County of Los Angeles (County) with State Executive Orders and State Health Officer Orders. This Order will be revised in the future to reflect the State Executive Orders and State Public Health Officer Orders and guidance that progressively designate sectors, businesses, establishments, or activities that may reopen with certain modifications, based on health and safety needs and at a pace designed to protect health and safety, and that may also progressively close specific activities and business sectors based on increases in daily reported COVID-19 cases, hospitalizations, and the testing positivity rates. Should local COVID-19 conditions warrant, the Health

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Officer may, after consultation with the Board of Supervisors, issue Orders that are more restrictive than those of the State Public Health Officer. Changes from the previous Order are highlighted.

This Order is effective within the County of Los Angeles Public Health Jurisdiction, defined as all cities and unincorporated areas within the County of Los Angeles, with the exception of the cities of Long Beach and Pasadena that must follow their respective City Health Officer orders and guidance. This Order is effective immediately and will continue until further notice.

UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, THE COUNTY OF LOS ANGELES HEALTH OFFICER ORDERS:

1. This Order supersedes the Health Officer's Prior Orders. In order to immediately address the serious recent regression of COVID-19 Indicators within the County of Los Angeles, which show troubling and substantial increases in new daily reported COVID-19 cases, hospitalizations, and the testing positivity rate, this Order requires the immediate temporary closure of specific activities and business sectors. This Order aligns the County with both the Governor's July 13, 2020, announcement requiring the closure of specific activities and business sectors and the State's August 28, 2020 issuance of a Blue Print for a Safer Economy, which describes a tiered approach to relaxing and tightening restrictions on activities based upon specified criteria and as permitted by this Order based on County health conditions and circumstances. The Health Officer will continue to assess the phased reopening allowed by the State Public Health Officer and this Order on an ongoing basis and determine, after consultation with the Board of Supervisors, whether this Order needs to be modified if the public health risk associated with COVID-19 increases in the future.

2. This continue to ensure that County residents remain in their residences as much as practicable, to limit close contact with others outside their household in both indoor and outdoor spaces. All persons who can telework or work from home should continue to do so as much as possible during this pandemic. Sustained Social (Physical) Distancing and infection control measures will continue slowing the spread of COVID-19 and diminishing its impact on the delivery of critical healthcare services. All provisions of this Order must be interpreted to effectuate that intent. Failure to comply with any of the O threat and menace to public health, and a public nuisance, and is punishable by fine, imprisonment or both.

3. All persons living within the County of Los Angeles Public Health Jurisdiction should remain in their residences whenever practicable. a) Nothing in this Order prohibits members of a single household or living unit from engaging in permitted activities together. But gatherings of people who are not part of a single household or living unit are prohibited within the County of Los Angeles Public Health Jurisdiction, except for the limited purposes expressly permitted by this Order.

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b) People leaving their residences must strictly comply with the Social (Physical) Distancing requirements stated in this Order and specified in guidance or protocols established by the County Department of Public Health. This Order, beginning June 19, 2020, requires all persons wear a cloth face covering over both the nose and mouth whenever they leave their place of residence and are or can be in contact with or walking near or past others who are non-household members in both public and private places, whether indoors or outdoors. This includes wearing a cloth face covering when patronizing a business. Wearing a cloth face covering reduces the risk of transmission to others from people who do not have symptoms and do not know they are infected. The use of face coverings

c) Persons and businesses within the County of Los Angeles Public Health Jurisdiction are required to follow the COVID-19 infection control protocols and guidance provided by the County Department of Public Health. In instances where the County has not provided a specific guidance or protocol, specific guidance or protocols established by the State Public Health Officer shall control. i. In the event that an owner, manager, or operator of any business knows of three (3) or more cases of COVID-19 among their employees within a span of 14 days the employer must report this outbreak to the Department of Public Health at (888) 397-3993 or (213) 240-7821. ii. In the event that an owner, manager, or operator of any business is informed that one or more employees of the business has tested positive for, or has symptoms consistent with COVID-19 (case), the employer must have a protocol to require the case(s) to isolate themselves at home and require the immediate self-quarantine of all employees that had a workplace exposure to the case(s). d) 1 and the United States District Court ,2 jurisdictions within the County of Los Angeles Public Health Jurisdiction are expected to comply with the provision of hotel and motel rooms for vulnerable people experiencing homelessness through Project Roomkey, which slows the spread of COVID-19 and retains capacity of the healthcare system.

4. All people residing within the County of Los Angeles Public Health Jurisdiction who are age 65 or older and all people of any age who have active or unstable pre-existing health conditions, should remain in their residences as much as possible during the pandemic. People in these categories should leave their residences only when necessary to seek medical care, exercise or obtain food or other necessities. The Health Officer strongly recommends that all employers offer telework or other accommodations to persons who are age 65 or older and all people of any age who have an active or unstable pre-existing health conditions.

1 Office of Governor Gavin Newsom, Action re: Project Roomkey, 4/3/2020, https://www.gov.ca.gov/2020/04/03/at-newly-converted- motel-governor-newsom-launches-project-roomkey-a-first-in-the-nation-initiative-to-secure-hotel-motel-rooms-to-protect-homeless- individuals-from-covid-19/; 2020- -79 2 Order re: Preliminary Injunction (Case No. LA CV 20-02291-DOC-KES), LA Alliance for Human Rights et al v. City of Los Angeles et al, States District Court Central District of California, 5/15/2020.

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5. All government agencies working in the course and scope of their public service employment are Essential Government Functions. a) All government employees are essential, including but not limited to, health care providers and emergency responders including employees who serve in the following areas: law enforcement; emergency services and management; first responders; fire; search and rescue; juvenile detention; corrections; healthcare services and operations; public health; laboratory or medical testing; mental health; community health; public works; executive management employees serving in these fields; all employees assigned to serve in or support the foregoing fields; and all employees whose services are otherwise needed to assist in a declared emergency. b) While all government employees are essential, the employees identified here, and others called to serve in their Disaster Service Worker capacity, must be available to serve the public or assist in response or continuity of operations efforts during this health crisis to the maximum extent allowed under the law. c) This Order does not, in any way, restrict (a) first responder access to the site(s) named in this Order during an emergency or (b) local, state or federal officers, investigators, or medical or law enforcement personnel from carrying out their lawful duties at the site(s) named in this Order. d) All persons who perform Essential Governmental Functions are categorically exempt from this Order while performing such governmental functions or services. Each governmental entity shall identify and designate appropriate employees, volunteers, or contractors to continue providing and carrying out any Essential Governmental Functions. All Essential Governmental Functions should be performed in compliance with Social (Physical) Distancing Protocol, to the extent possible.

6. This Order does not supersede any stricter limitation imposed by a local public entity within the County of Los Angeles Public Health Jurisdiction.

7. The Health Officer orders the closure of the following types of higher-risk businesses, recreational sites, commercial properties, and activities, where more frequent and prolonged person-to-person contacts are likely to occur: a) Lounges and nightclubs; b) Bars, breweries, tasting rooms, craft distilleries, and wineries that possess a valid low risk restaurant public health permit issued by the County of Los Angeles. c) Brewpubs, craft distilleries and breweries and wineries, with premises set aside for beer and/or wine tasting, that are exempt from the definition of a food facility by California Health and Safety Code Section 113789(c)(5), and do not hold a health permit for preparing and serving food on site. d) Public entertainment venues: movie theaters, live performance theaters, concert venues, theme parks, and festivals; e) Family entertainment centers such as bowling alleys, arcades, miniature golf, and batting cages;

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f) All restaurants, but only for indoor, in-person onsite dining until further notice; g) Cardrooms, satellite wagering facilities, and racetrack onsite wagering facilities until further notice; h) Indoor and outdoor playgrounds for children, except those located within a school or childcare center; i) Indoor portions and exhibits of museums, zoos and aquariums are closed to the public until further notice; j) Hot tubs, steam rooms and saunas not located on a residential property; k) All events and gatherings, unless specifically allowed by this Order.

8. All Essential Businesses, unless specific modifications are required by this Order, may remain open to the public and conduct normal business operations, provided that they implement and maintain the Social (Physical) Distancing Protocol defined in Paragraph 20 and attached to this Order as Appendix A. owner, manager, or operator must prepare and post a Social (Physical) Distancing Protocol for each facility or office located within the County of Los Angeles Public Health Jurisdiction and must ensure that the Essential Business meets all other requirements of the Social (Physical) Distancing Protocol.

9. Lower-Risk Businesses are businesses that are not specified in Paragraph 7 of this Order, and not defined as an Essential Business in Paragraph 18 of this Order. There are five categories of Lower-Risk Businesses that may reopen under this Order: (1) retailers - , (2) manufacturing and logistics sector businesses that supply Lower-Risk Retail Businesses, (3) Non-Essential office-based businesses (although telework is strongly encouraged), (4) Indoor Malls and Shopping Centers, and (5) hair salons and barbershops. These five categories of Lower-Risk Businesses may reopen subject to the following conditions: a) For any Lower-Risk Retail Business that sells goods and services, the owner, manager, or operator must, for each facility located within the County of Los Angeles Public Health Jurisdiction, prior to reopening, prepare, implement and post the Reopening Protocols for Retail Establishments: Opening for In Person Shopping, attached to this Order as Appendix B. b) For any non-retail Lower-Risk Business, that is a manufacturing and logistics sector business that supplies Lower-Risk Retail Businesses, the owner, manager, or operator must, prior to reopening, prepare, implement and post the required Los Angeles County Department of Public Health Reopening Protocol, applicable to the business type or location, attached to this Order as Appendix C. c) For any Non-Essential office-based business, all indoor portions and operations must cease in-person operations until further notice. Non-essential office-based businesses whose operations require employees to work from an office worksite, and that this Order does not identify as an Essential Business, Healthcare Operation, or Essential Infrastructure, may operate via telework and for Minimum Basic Operations only. Essential Businesses, Healthcare Operations, or Essential Infrastructure whose operations require that

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employees operate from an office worksite, must require employees to telework to the extent feasible and any in-person operations must be in accordance with the required Los Angeles County Department of Public Health Reopening Protocol Office-Based Worksites, attached to this Order as Appendix D. d) For Indoor Malls and Shopping Centers, defined as: A building with (7) or more sales or retail establishments with adjoining indoor space, all indoor portions and operations remain closed to the public until further notice. Businesses located entirely within the interior of an Indoor Mall or Shopping Center that are not temporarily closed pursuant to Paragraph 7 of this Order, may offer goods and services via outdoor curb-side pick-up. Businesses or activities that are part of an Indoor Mall or Shopping Center and that are not closed pursuant to Paragraph 7 of this Order, but that are accessible by the public from the exterior of the Indoor Mall or Shopping Center may remain open to the public. The owner or operator of the Indoor Mall or Shopping Center must, prior to reopening, prepare, implement and post the required Los Angeles County Department of Public Health Protocols for Shopping Center Operators, attached to this Order as Appendix E. e) Hair salons and barbershops. On September 2, 2020, hair salons and barbershops may reopen for indoor operations at 25% of the salon or shop's maximum occupancy and with required modifications. As permitted by the State, operators are encouraged to continue providing as many services as possible outdoors. The owner, manager, or operator must, prior to reopening for indoor operations, prepare, implement and post the Reopening Protocols for Hair Salons and Barbershops, attached to this Order as Appendix H.

9.5.10. The State Public Health Officer has provided guidance for certain sectors, businesses and activities in Stage 3 of the California Pandemic Resilience Roadmap to conditionally reopen with workplace and operational modifications. The Health Officer, after considering local epidemiological data and after consultation with the Board of Supervisors, approves the reopening of the following specific sectors, businesses and activities subject to the following conditions: a) Music, film and television production. Operations for music, film and television production may resume on June 12, 2020. The owner, manager, or operator of music, film and television production must, prior to reopening, prepare, implement and post the required Los Angeles County Department of Public Health Reopening Protocol for Music, Film and Television Production, attached to this Order as Appendix J, as well as abide by applicable industry-generated protocols. b) Day camps. Day camps may reopen on June 12, 2020. Day camp owners and operators must implement and post the required Los Angeles County Department of Public Health Reopening Protocol for Day Camps, attached to this Order as Appendix K. c) Fitness facilities. Fitness facilities, including private gymnasiums, may be open for outdoor operations only. The indoor portions of Fitness facilities are closed to the public until further notice. The owner, manager, or operator of fitness facilities must, prior to reopening, prepare, implement and post the required

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Los Angeles County Department of Public Health Reopening Protocol for Gyms and Fitness Establishments, attached to this Order as Appendix L. d) Outdoor portions of museums, galleries, botanical gardens, and outdoor facilities at zoos, aquariums, and other similar exhibition spaces (collectively, "Museums") may remain open to the public. The indoor portions of Museums are closed to the public until further notice. The owner, manager, or operator of Museums and exhibition spaces must, prior to reopening, prepare, implement and post the required Los Angeles County Department of Public Health Reopening Protocol for Museums, Galleries, Zoos, and Aquariums, attached to this Order as Appendix M. e) Professional sports without audiences. Professional sports teams and franchises may restart operations and competitions without audiences on June 12, 2020. The owner, manager, or operator of professional sports teams and franchises must, prior to reopening, prepare, implement and post the required Los Angeles County Department of Public Health Protocol for Professional Sports Leagues and Facilities Opening for Training Sessions and Spectator- Free Events, attached to this Order as Appendix N, as well as abide by applicable industry-generate protocols. f) Campgrounds, RV Parks and associated outdoor activities. Campgrounds and recreational vehicle parks may reopen on June 12, 2020. The owner, manager, or operator of campgrounds and RV Parks must, prior to reopening, prepare, implement and post the required Los Angeles County Department of Public Health Reopening Protocol for Campgrounds, RV parks and Cabin Rental Units, attached to this Order as Appendix O. g) Schools (K-12) and School Districts. The County Public Health Officer requires all public and private schools (K-12) and school districts within the County of Los Angeles to conduct distance learning only. Beginning September 14, 2020, K-12 schools may offer in-school services for a small, stable cohort of students with Individualized Education Programs (IEPs) or English Learners (ELs) needing assessments and/or specialized in-school services, with priority given to students with disabilities. Other prioritized groups for in person support and services include English learners, students not participating in distance learning, students at risk of abuse or neglect, foster youth, and students experiencing homelessness. Permissible in-person specialized services that require cohorting of students, must limit the maximum stable cohort size to twelve (12) students and two (2) staff (not including aides assigned to children with special needs), and adhere to all provisions for safe opening of schools, as outlined in Appendix T1: Reopening Protocols for K-12 Schools. Schools must limit the number of students with IEPs and ELs, and other prioritized students allowed at any one time on campus for essential assessments and/or specialized in-school services to 10% or less of the total student body. Schools (K-12) and School Districts that are permitted to reopen for prioritized individual and cohorted students must follow the Reopening Protocols for K-12 Schools and the Protocol for COVID-19 Exposure Management Plan in K-12 Schools, attached to this Order as Appendices T1 & T2.

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h) Personal Care Establishments. These establishments include nail salons, esthetician, skin care, and cosmetology services; electrology, body art professionals, tattoo parlors, and piercing shops; and massage therapy (in non- healthcare settings). With the exception of electrology, tattoo parlors, and piercing shops, which must remain closed, these establishments may be open for outdoor operations only. The indoor portions of personal care establishments are closed to the public until further notice. The owner, manager or operator of a personal care establishment must, prior to reopening, prepare, implement and post the required Los Angeles County Department of Public Health Reopening Protocol for Personal Care Establishments, attached to this Order as Appendix R. i) Institutes of Higher Education. Colleges and universities in Los Angeles County will not be able to resume all in-person academic instruction, at this time. Institutions may continue to offer in person training and instruction for essential workforce for required activities that cannot be accomplished through virtual learning. All other academic instruction must continue to be done via distance- learning as specified in the County's Protocols for Institutes of Higher Education attached to this Order as Appendix U. Faculty and other staff may come to campus for the purpose of providing distance learning, and other activities related to the purposes above, as well as maintaining minimum basic operations. The institution must comply with all relevant portions of the County's Protocols for Institutes of Higher Education to maximize safety for all employees, also noted in Appendix U.

REASONS FOR THE ORDER

10. This Order is based upon the following determinations: evidence of continued community transmission of COVID-19 within the County; continued uncertainty regarding the degree of undetected asymptomatic transmission; scientific evidence and best practices regarding the most effective approaches to slow the transmission of communicable diseases generally and COVID-19 specifically; evidence that a significant portion of the County population is at risk for serious health complications, including hospitalizations and death from COVID-19, due to age or pre-existing health conditions; and further evidence that other County residents, including younger and otherwise healthy people, are also at risk for serious negative health outcomes and for transmitting the virus to others. avoidable risk of serious illness and death resulting from the spread of COVID-19. 11. Existing community transmission of COVID-19 in Los Angeles County continues to present There is still no vaccine available yet to protect against COVID-19, and no treatment for it. As of September 3, 2020, there have been at least 244,999 cases of COVID-19 and 5,932 deaths reported in Los Angeles County. There remains a strong likelihood of a significant and increasing number of cases of community transmission. Making the community transmission problem worse, some individuals who contract the virus causing COVID-19 have no symptoms or have only mild symptoms, and so are unaware that they carry the virus and are transmitting it to others. Further, evidence shows that the virus can, at times, survive for several hours on surfaces and can be

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indirectly transmitted between individuals. Because even people without symptoms can transmit the virus, and because evidence shows the infection is easily spread, preventing, limiting, and placing conditions on various types of gatherings and other direct and indirect interpersonal interactions have been proven to reduce the risk of transmitting the virus.

12. Evidence suggests that until recently the restrictions and requirements imposed by Prior Orders slowed the rate of increase in community transmission and hospitalizations by limiting interactions among people, consistent with the efficacy of similar measures in other parts of the country and world. Unfortunately, the daily number of new cases is still high, and COVID-19 remains widespread in Los Angeles County. Moreover, because there is not yet a vaccine or ample therapeutic drugs, the public health emergency and attendant risks to the public's health by COVID-19 still predominate.

13. In line with the State Public Health Officer, the Health Officer is monitoring several key indicators (COVID-19 Indicators) within the County. Activities and business operations that are permitted must be conducted in accordance with the required Social (Physical) Distancing, reopening protocols, and other infection control protocols ordered by the Health Officer.

14. The Health Officer will continue monitoring COVID-19 Indicators to assess the impact of easing restrictions and re-opening sectors. Those Indicators include, but are not limited to: a. The number of new cases, hospitalizations and deaths and the testing positivity rate. b. The capacity of hospitals and the healthcare system in the County, including acute care beds, Intensive Care Unit beds, and ventilators to provide care for existing COVID-19 patients and other patients, and capacity to surge with an increase of COVID-19 cases. c. The supply of personal protective equipment (PPE) available for hospital staff, nursing home staff and other healthcare providers and personnel who need PPE to safely respond to and treat COVID-19 patients and other patients. d. The ability and capacity to quickly and accurately test persons to determine whether individuals are COVID-19 positive, especially those in vulnerable populations or high-risk settings or occupations, and to identify and assess outbreaks. e. The ability to conduct case investigation and contact tracing for the volume of future cases and associated contacts, isolating confirmed cases and quarantining persons who have had contact with confirmed cases.

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DEFINITIONS AND EXEMPTIONS

15. The following activities are permitted under this Order: a. Engaging in activities or performing tasks important to the health and safety of family or household members (including pets), such as, visiting a health or veterinary care professional, obtaining medical supplies or medication, visiting a physician or child's pediatrician for routine care, such as, well-child visits and vaccinations; b. Obtaining necessary services and supplies for family or household members, or delivering the same, such as, obtaining grocery items or necessary supplies from

c. Performing work for or accessing businesses that are open, or to carry out Minimum Basic Operations for businesses that are closed or operating remotely. d. Obtaining or accessing services from Essential Governmental Functions, such as, accessing court, social and administrative services, or complying with an order of law enforcement or court; e. Caring for minors, the elderly, dependents, persons with disabilities, or other vulnerable persons; f. Obtaining in-person behavioral health or substance use disorder support in therapeutic small group meetings, such as Alcoholics Anonymous or Narcotics Anonymous, provided that the gathering is limited to 10 people or fewer and Social (Physical) Distancing is practiced. g. Obtaining in-person faith-based counselling services where the service cannot reasonably be practiced remotely, provided that the gathering is limited to 10 people or fewer and Social (Physical) Distancing is practiced. h. Attending in-person faith-based services, provided that the faith-based service is held outdoors. There is no maximum attendance for faith-based services that are held outdoors, provided that the attendees have enough space to observe strict Social (Physical) Distancing, including a minimum of six feet between attendees from different households, and are wearing cloth face coverings. Faith-based organizations holding in-person outdoor services, must follow the Department of Public Health Places of Worship Protocols, attached to this Order as Appendix F. i. Engaging in outdoor recreation activity, in compliance with Social (Physical) Distancing requirements and wearing a face covering, subject to the following limitations: i. Outdoor recreation activity at parks, trails, piers, and beaches, and other open spaces must comply with any access or use restrictions separately established by the Health Officer, government, or other entity that manages the area to reduce crowding and the risk of COVID-19 transmission. ii. Use of shared outdoor facilities for recreational activities, including but not limited to golf courses, tennis and pickleball courts, shooting and archery ranges, equestrian centers, model airplane areas, community gardens, and

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bike parks, must comply with any access or use restrictions separately established by the Health Officer, government, or other entity that manages the area to reduce crowding and the risk of COVID-19 transmission. iii. Local public entities may elect to temporarily close certain streets or areas to automobile traffic, to allow for increased space for persons to engage in recreational activity permitted by and in compliance with Social (Physical) Distancing requirements specified in this Order. iv. Swimming pools and splash pads in any non-residential setting may reopen on June 12, 2020, with the owner, manager, or operator of the swimming pool or splash pad implementing and posting the required Los Angeles County Department of Public Health Protocol for Swimming Pools. All hot tubs, saunas, and steam rooms located on non-residential property remain closed. v. For-hire fishing, guided fishing, or small-group chartered boat trips may resume operating on June 12, 2020, with the owner, manager, or operator of the charter business implementing the required Los Angeles County Department of Public Health Protocol for Chartered Boats. j. Participating in a Vehicle-Based Parade. The host of the Vehicle-Based Parade must comply with all local ordinances, traffic control requirements, and state and local laws. Further, the host of Vehicle-Based Parades must comply with the Los Angeles County Department of Public Health Vehicle-Based Parade Protocol, attached to this Order as Appendix G. k. Participating in an in-person protest as long as the protest is held outdoors. Outdoor protests are permitted without a limit on attendees. Persons participating in a protest must wear a cloth face covering and maintain physical distancing of six (6) feet between persons or groups of persons from different households at all times, as well as observe the Department of Public Health Protocol for Public Demonstrations.

16. Individuals may work for, train for, volunteer at, or obtain services at Healthcare Operations: hospitals, clinics, laboratories, dentists, optometrists, pharmacies, physical therapists, rehabilitation and physical wellness programs, chiropractors, pharmaceutical and biotechnology companies, other licensed healthcare facilities, healthcare suppliers, home healthcare service providers, mental or behavioral health providers, alcohol and drug treatment providers, cannabis dispensaries with a medicinal cannabis license and all other required state and local licenses, medical or scientific research companies, or any related and/or ancillary healthcare services, manufacturers, distributors and servicers of medical devices, diagnostics, and equipment, veterinary care, and other animal healthcare. This exemption shall be construed to avoid any impact to the delivery of healthcare, broadly defined.

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17. Individuals may provide any service, train for, or perform any work necessary to the operation and maintenance of Essential Infrastructure, which is defined as, public health operations, public works construction, airport operations, port operations, food supply, water, sewer, gas, electrical, oil extraction and refining, roads and highways, public transportation, solid waste collection, removal and processing, flood control and watershed protection, cemeteries, mortuaries, crematoriums, and internet and telecommunications systems (including the provision of essential global, national, local infrastructure for computing services, business infrastructure, communications, and web-based services), and manufacturing and distribution companies deemed essential as part of the Essential Infrastructure supply chain, provided that they carry out those services or that work. In providing these services, training for, or performing this work, individuals must comply with Social (Physical) Distancing requirements to the extent practicable.

18. For purposes of this Order, Essential Businesses are: a. supermarkets, food banks, convenience stores, warehouse stores, and other establishments engaged in the retail sale of canned food, dry goods, fresh fruit and vegetables, pet supply, water, fresh meats, fish, and poultry, and any other household consumer products (such as cleaning or personal care products). This includes stores that sell groceries and other non-grocery products, such as products necessary to maintaining the safety, sanitation, and essential operation of residences. This does not include businesses that sell only prepackaged non- potentially hazardous food which is incidental to the primary retail business; b. Food processors, confectioners, food packagers, food testing labs that are not open to the public, and food cultivation, including farming, livestock, and fishing; c. Organizations and businesses that provide food, shelter, social services, and other necessities of life for economically disadvantaged or otherwise needy individuals (including gang prevention and intervention, domestic violence, and homeless service agencies); d. Newspapers, television news, radio, magazine, podcast and journalism activities, including taped, digitally recorded or online-streamed content of any sort that is produced by one or more members of a single household, withi residence and without the physical presence of any non-member of the household. e. Gas stations, auto-supply, mobile auto repair operations, auto repair shops (including, without limitation, auto repair shops adjacent to or otherwise in connection with a retail or used auto dealership), and bicycle repair shops and related facilities; f. Banks, credit unions, financial institutions and insurance companies; g. Hardware stores, nurseries; building supply stores;

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h. Plumbers, electricians, exterminators, custodial/janitorial workers, handyman services, funeral homes and morticians, moving services, HVAC installers, carpenters, vegetation services, tree maintenance, landscapers, gardeners, property managers, private security personnel and other service providers who provide services to maintain the safety, sanitation, and essential operation to properties and other Essential Businesses; i. Businesses providing mailing and shipping services, including post office boxes; j. Educational institutions (including public and private K-12 schools, colleges, and universities); k. Laundromats, dry cleaners, and laundry service providers; l. Restaurants and other food facilities that prepare and serve food, but only for delivery, drive thru, carry out, and outdoor onsite table dining. Indoor dining is not permitted. Restaurants with a moderate risk or high risk restaurant permit issued by the County of Los Angeles Department of Public Health and other food facilities that provide in-person outdoor dining must follow the revised Department of Public Health Protocols for Restaurants, attached to this Order as Appendix I. Cafeterias, commissaries, and restaurants located within hospitals, nursing homes, or other licensed health care facilities may provide dine-in service, as long as Social (Physical) Distancing is practiced; m. Businesses that supply office or computer products needed by people who work from home; n. Businesses that supply other Essential Businesses with the support or supplies necessary to operate; o. Non-manufacturing, transportation or distribution businesses that ship, truck, transport, or provide logistical support to deliver groceries, food, goods or services directly to residences, Essential Businesses, Healthcare Operations, and Essential Infrastructure. This exemption shall not be used as a basis for engaging in sales to the general public from retail storefronts; p. Airlines, taxis, ride sharing services and other private transportation providers providing transportation services necessary for activities of daily living and other purposes expressly authorized in this Order; q. Businesses that manufacture parts and provide necessary service for Essential Infrastructure; r. Home-based care for seniors, adults, disabled persons, or children; s. Residential facilities and shelters for homeless residents, disabled persons, seniors, adults, children and animals; t. Professional services, such as legal, payroll or accounting services, when necessary to assist in compliance with legally mandated activities, and the permitting, inspection, construction, transfer and recording of ownership of housing, including residential and commercial real estate and anything incidental thereto, provided that appointments and other residential viewings must only occur virtually or, if a virtual viewing is not feasible, by appointment with no more than two visitors at a time residing within the same household or living unit and

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one individual showing the unit (except that in-person visits are not allowed when the occupant is still residing in the residence); u. Childcare facilities. All childcare facilities, including those operating at schools, must operate under the LAC DPH Childcare Guidance and the following conditions: (1) Childcare must be carried out in stable cohorted groups of 12 or welve (12) or fewer children are in the same group each day); (2) Children shall not change from one group to another; (3) If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix with each other; (4) Childcare providers shall remain solely with one group of children; v. Hotels, motels, shared rental units and similar facilities. Beginning June 12, 2020, these may reopen for tourism and individual travel, in adherence with the required Los Angeles County Department of Public Health Reopening Protocol for Hotels, Lodging and Short-Term Rentals, attached to this Order as Appendix P; w. Construction, which includes the operation, inspection, and maintenance of construction sites and construction projects for construction of commercial, office and institutional buildings, residential and housing construction; and x. Manufacturers and retailers of fabric or cloth that is made into personal protective equipment, such as, face coverings.

19. For purposes of this Order, "Social (Physical) Distancing" means: (1) Maintaining at least six (6) feet of physical distance from individuals who are not members of the same household; (2) Frequently washing hands with soap and water for at least 20 seconds, or using hand sanitizer that contains at least 60% alcohol; (3) Wearing a cloth face covering when whenever an individual leaves their home or place of residence, and when an individual is or can be in contact with or walking by or past others who are non-household members in both public and private places, whether indoors or outdoors. Wearing a cloth face covering over both the nose and mouth reduces the risk of transmission to others from people who do not have symptoms and do not know they are infected; and (4) Avoiding all physical interaction outside the household when sick with a fever or cough, except for necessary medical care.

20. For purposes of this Order, the "Social (Physical) Distancing Protocol" that must be implemented and posted must demonstrate how the following infection control measures are being implemented and achieved, as applicable: a. Limiting the number of people who may enter into the facility at any one time to ensure that people in the facility can easily maintain a minimum six (6) foot physical distance from others, at all times, except as required to complete a business activity or transaction. Members of a single household or living unit may stand or move together but must be separated from others by a physical distance of at least six (6) feet. b. Where lines may form at a facility, marking six (6) foot increments at a minimum, establishing where individuals should stand to maintain adequate Social (Physical) Distancing, whether inside or outside the facility.

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c. Providing hand sanitizer, soap and water, or effective disinfectant at or near the entrance of the facility and in other appropriate areas for use by the public and employees, and in locations where there is high-frequency employee interaction with members of the public (e.g., cashiers). Restrooms normally open to the public shall remain open to the public. d. Posting a sign in a conspicuous place at all public entries that instructs the public not to enter if they are experiencing symptoms of respiratory illness, including fever or cough, to wear face coverings, and to maintain Social (Physical) Distancing from one another. e. Providing for the regular disinfection of high-touch surfaces, and disinfection of all payment portals, pens, and styluses after each use. All businesses are encouraged to also offer touchless payment mechanisms, if feasible. f. Providing face coverings to employees and contracted workers whose duties require close contact with other employees and/or the public. Those who have been instructed by their medical provider that they should not wear a face covering e, to be in compliance with State directives, as long as their condition permits it. A drape that is form fitting under the chin is preferred. Masks with one-way valves should not be used. g. Requiring that members of the public who enter the facility wear a face-covering over both the nose and mouth, which reduces - to workers and others, during their time in the facility. h. Adhering to communicable disease control protocols provided by the Los Angeles County Department of Public Health, including requirements for cleaning and disinfecting the site. See protocols posted at www.publichealth.lacounty.gov/media/Coronavirus/

21. Operators of businesses that are required to cease in-person operations may conduct Minimum Basic Operations, which means: a. The minimum necessary activities to maintain and protect the value of the business's inventory and facilities; ensure security, safety, and sanitation; and process payroll and employee benefits; b. and contractors being able to continue to work remotely from their residences, and to ensure that the business can deliver its services remotely.

ADDITIONAL TERMS

22. The County shall promptly provide copies of this Order by: (a) posting it on the (www.publichealth.lacounty.gov), (b) posting it at the Kenneth Hahn Hall of Administration located at 500 West Temple Street, Los Angeles, CA 90012, (c) providing it to any member of the public requesting a copy, and (d) issuing a press release to publicize the Order throughout the County. a. The owner, manager, or operator of any facility that is likely to be impacted by this Order is strongly encouraged to post a copy of this Order onsite and to provide a copy to any member of the public requesting a copy.

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b. Because guidance may change, the owner, manager, or operator of any facility that is subject to this Order is ordered to consult the Los Angeles County www.publichealth.lacounty.gov) daily to identify any modifications to the Order and is required to comply with any updates until the Order is terminated.

23. If any subsection, sentence, clause, phrase, or word of this Order or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Order.

24. This Order incorporates by reference, the March 4, 2020 Proclamation of a State of Emergency issued by Governor Gavin Newsom and the March 4, 2020 declarations of a local and public health emergency issued by the Los Angeles County Board of Supervisors and Los Angeles County Health Officer, respectively, and as they may be supplemented.

25. This Order is issued in consideration of the County's current status within the tiered reopening approach of California's Blueprint for a Safer Economy issued August 28, 2020. This Order will be revised in the future as the State Public Health Officer progressively designates sectors, businesses, establishments, or activities for reopening with required modifications or closure at a pace designed to protect health and safety. Should local COVID-19 conditions warrant, the Health Officer may, after consultation with the Board of Supervisors, issue orders that are more restrictive than the guidance and orders issued by the State Public Health Officer.

26. -60-20 and the State Public Health may implement or continue more restrictive public health measures in the jurisdiction if the local health officer believes conditions in that jurisdiction warrant them. Where a conflict exists between this Order and any state public health order related to controlling the spread of COVID-19 during this pandemic, the most restrictive provision controls. Consistent with California Health and Safety Code section 131080, except where the State Health Officer may issue an order expressly directed at this Order or a provision of this Order and based upon a finding that a provision of this Order constitutes a menace to the public health, any more restrictive measures in this Order may continue to apply and control in the County of Los Angeles Public Health Jurisdiction.

27. Pursuant to Sections 26602 and 41601 of the California Government Code and Section 101029 of the California Health and Safety Code, the Health Officer requests that the Sheriff and all chiefs of police in all cities located in the Los Angeles County Public Health Jurisdiction ensure compliance with and enforcement of this Order. The violation of any provision of this Order constitutes an imminent threat and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment or both.

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28. This Order shall become effective immediately on September 4, 2020 and will continue to be until it is revised, rescinded, superseded, or amended in writing by the Health Officer.

IT IS SO ORDERED:

9/4/2020

Muntu Davis, M.D., M.P.H. Date Health Officer, County of Los Angeles

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Appendices At-A-Glance All DPH protocol is available at: http://www.publichealth.lacounty.gov/media/Coronavirus/

Appendix A: Protocol for Social Distancing [Revised 7/20/2020] Appendix B: Protocols for Retail Establishments Opening for In-person Shopping [Revised 7/18/2020] Appendix C: Reopening Protocol for Warehousing, Manufacturing and Logistic Establishments [Revised 7/18/2020] Appendix D: Protocols for Office Worksites [Revised 8/7/2020] Appendix E: Protocols for Shopping Center Operators [Revised 8/11/2020] Appendix F: Protocol for Places of Worship [Revised 7/17/2020] Appendix G: Protocol for Vehicle-Based Parades [Revised 5/25/2020] Appendix H: Reopening Protocol for Hair Salons and Barbershops [Revised 9/02/2020] Appendix I: Protocol for Restaurants [Revised 8/22/2020] Appendix J: Reopening Protocol for Music, Film, and Television Production [Revised 8/18/2020] Appendix K: Reopening Protocol for Day Camps [Dated 8/11/2020] Appendix L: Reopening Protocol for Gyms and Fitness Establishments [Revised 8/11/2020] Appendix M: Reopening Protocol for Museums, Galleries, Zoos, and Aquariums [Revised 7/17/2020] Appendix N: Protocol for Professional Sports Leagues and Facilities Opening for Training Sessions and Spectator-Free Events [Revised 7/17/2020] Appendix O: Reopening Protocol for Campgrounds, RV parks and Cabin Rental Units [Revised 8/21/2020] Appendix P: Reopening Protocol for Hotels, Lodging, and Short-Term Rentals [Revised 7/17/2020] Appendix Q: [Rescinded 7/1/2020] Appendix R: Reopening Protocol for Personal Care Establishments [Revised 7/29/2020] Appendix S: [Rescinded 6/28/2020] Appendix T1: Reopening Protocols for K-12 Schools [Revised 9/04/2020] Appendix T2: Protocol for COVID-19 Exposure Management Plan in K-12 Schools [Revised 8/23/2020] Appendix U: Reopening Protocol for Institutes of Higher Education [Revised 8/10/2020]

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Exhibit 2 67 Case 2:20-cv-08896 Document 1-3 Filed 09/28/20 Page 1 of 8 Page ID #:70

Exhibit 3 COUNTY OFCase LOS 2:20-cv-08896 ANGELES DEPARTMENT Document 1-3 OF PUBLICFiled 09/28/20 HEALTH Page 2 of 8 Page ID #:71 ORDER OF THE HEALTH OFFICER

Protocols for Shopping Center Operators: Appendix E

Recent updates (Changes highlighted in yellow)

8/11/20: Essential services such as medical clinics or optometrists inside shopping malls may continue to operate. Updates provided regarding worker s compensation

The County of Los Angeles Department of Public Health is adopting a staged approach, supported by science and public health expertise, to allow certain retail businesses to safely reopen. The requirements below are specific to shopping malls, destination shopping centers, strip and outlet malls, and swap meets

lessees, including retail tenants and vendors, are aware of the protocols that apply to their operations. Those entities are responsible for implementing the protocols, but shopping center operators are encouraged to require adherence to the protocols by their lessees. In addition to the conditions imposed on these specific retail businesses by the Governor, these types of businesses must also be in compliance with the conditions laid out in this Checklist for Shopping Center Operators. *** Please note that by the July 13, 2020 Order of the State Public Health Officer, all indoor operations of indoor malls and indoor shopping centers are closed. All indoor areas of indoor shopping malls are closed to the public until further notice. Retail businesses that are part of an indoor mall or shopping center but that have an entrance that is normally accessible to the public from the exterior of the mall or shopping center are permitted to continue their current modified operations provided they adhere to the appropriate DPH sector protocols. Retailers located within indoor shopping malls without an outside entrance may be open only for curbside pick-up as described in this protocol. Essential businesses located within the shopping center may continue to operate. Personal care services must cease all indoor operations and can offer outdoor services to the extent permitted by licensing requirements and all other applicable state and local laws. All other lessees should follow DPH protocols for the appropriate sector and all applicable state and local laws and regulations. Please note: This document may be updated as additional information and resources become available so be sure to check the LA County website http://www.ph.lacounty.gov/media/Coronavirus/ regularly for any updates to this document. This checklist covers: (1) Workplace policies and practices to protect employee health (2) Measures to ensure physical distancing (3) Measures to ensure infection control (4) Communication with employees and the public (5) Measures to ensure equitable access to critical services.

These five key areas must be addressed as your facility develops any reopening protocols.

All businesses covered by this protocol must implement all applicable measures listed below and be prepared to explain why any measure that is not implemented is not

APPENDIX E: Reopening Protocol for Shopping Center Operators Page 1 of 7 Revised 8/11/2020 Exhibit 3 68 COUNTY OFCase LOS 2:20-cv-08896 ANGELES DEPARTMENT Document 1-3 OF PUBLICFiled 09/28/20 HEALTH Page 3 of 8 Page ID #:72 ORDER OF THE HEALTH OFFICER

applicable to the business.

Business name:

Facility Address: Maximum Occupancy, per Fire Code: Approximate total square footage of space open to the public:

A. WORKPLACE POLICIES AND PRACTICES TO PROTECT EMPLOYEE HEALTH (CHECK ALL THAT APPLY TO THE FACILITY) Everyone who can carry out their work duties from home has been directed to do so. Vulnerable staff (those above age 65, those with chronic health conditions) are assigned work that can be done from home whenever possible and should discuss any concerns with their healthcare provider or occupational health services to make appropriate decisions on returning to the workplace. Work processes are reconfigured to the extent possible to increase opportunities for employees to work from home. Alternate, staggered or shift schedules have been instituted to maximize physical distancing. All employees have been told not to come to work if sick, or if they are exposed to a person who has COVID-19. Employees understand to follow DPH guidance for self-isolation and quarantine, if applicable. Workplace leave policies have been reviewed and modified to ensure that employees are not penalized when they stay home due to illness. Information on employer or government-sponsored leave benefits the employee may be entitled to receive that would make it financially easier to stay at home has been provided to employees. See additional information on government programs supporting sick leave and

Families First Coronavirus Response Act benefits and presumption of the work-relatedness of COVID-19 exposures occurring between March 19 and July 5 Executive Order N-62-20. Upon being informed that one or more employees test positive for, or has symptoms consistent with COVID-19 (case), the employer has a plan or protocol in place to have the case(s) isolate themselves at home and require the immediate self-quarantine of all employees that had a

quarantined employees to have access to or be tested for COVID-19 in order to determine whether there have been additional workplace exposures, which may require additional COVID-19 control measures. See the public health guidance on responding to COVID-19 in the workplace. Employee screenings are conducted before employees may enter the workspace. Checks must include a check-in concerning cough, shortness of breath, difficulty breathing and fever or chills and if the employee has had contact with a person known to be infected COVID-19 in the last 14 days. These checks can be done remotely or in person upon the arrival. A temperature check should also be done at the worksite if feasible. In the event that 3 or more cases are identified within the workplace within a span of 14 days the

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employer should report this cluster to the Department of Public Health at (888) 397-3993 or (213) 240-7821. If a cluster is identified at a worksite, the Department of Public Health will initiate a cluster response which includes providing infection control guidance and recommendations, technical support and site-specific control measures. A public health case manager is assigned to the cluster investigation to help guide the facility response. Employees who have contact with others are offered, at no cost, an appropriate face covering that covers the nose and mouth. The covering is to be worn by the employee at all times during the workday when in contact or likely to come into contact with others. Employees who have been instructed by their medical provider that they should not wear a face covering should use a face shield with a drape on the bottom edge, to be in compliance with State directives, as long as their condition permits it. A drape that is form fitting under the chin is preferred. Masks with one-way valves should not be used. Employees need not wear a face covering when the employee is alone in a private office or a cubicle with a solid partition that exceeds the height of the employee when standing. Employees are instructed to wash or replace their face coverings daily. All workstations are separated by at least six feet. Break rooms, restrooms and other common areas are disinfected frequently, on the following schedule: Break rooms ______Restrooms ______Other ______In compliance with wage and hour regulations, breaks are staggered to ensure that six (6) feet between employees can be maintained in break rooms at all times. To ensure that masks are worn consistently and correctly, employees are discouraged from eating or drinking except during their breaks when they are able to safely remove their masks and physically distance from others. Disinfectant and related supplies are available to employees at the following location(s): ______Hand sanitizer effective against COVID-19 is available to all employees at the following location(s): ______Employees are allowed frequent breaks to wash their hands. A copy of this protocol has been distributed to each employee. Each worker is assigned their own tools, equipment and defined workspace. Whenever possible, sharing held items (e.g., phones, tablets, laptops, desks, pens, etc.) is minimized or eliminated. All policies described in this checklist other than those related to terms of employment are applied to staff of delivery and any other companies who may be on the premises as third parties. Optional Describe other measures:

B. MEASURES TO ENSURE PHYSICAL DISTANCING All indoor mall tenants with entrances located inside shopping malls must be closed to the public. Tenants that have an outside entrance that is normally accessible to the public from the exterior of the mall or shopping center may continue their current modified operations in compliance with applicable APPENDIX E: Reopening Protocol for Shopping Center Operators Page 3 of 7 Revised 8/11/2020 Exhibit 3 70 COUNTY OFCase LOS 2:20-cv-08896 ANGELES DEPARTMENT Document 1-3 OF PUBLICFiled 09/28/20 HEALTH Page 5 of 8 Page ID #:74 ORDER OF THE HEALTH OFFICER

DPH protocols. The number of customers in individual stores that are permitted to remain open is low enough to ensure physical distancing but in no case more than 50% of the maximum occupancy of the capacity. Where feasible, parking is limited to further enforce maximum occupancy limits. Maximum occupancy rules for outdoor shopping centers should be evaluated to ensure physical distancing requirements can be maintained. Open-air shopping centers, such as swap meets, ensure that vendors space tables, canopies, and other displays in accordance with appropriate physical distancing requirements or ensure other impermeable barriers are in place. Maximum number of customers in facility limited to: On-property security staff actively remind and encourage customers and the public to comply with the physical distancing standards. Retailers operating within an indoor mall that have no outdoor entrances may offer online ordering and curbside pick-up outside the shopping center. Retailers that choose to offer curbside pick-up should set pick-up times for items so that employees are able to bring pre- ordered items customers at a designated site or sites outside the mall. Pick-up sites should be clearly marked and customers should be encouraged to pre-pay for their orders. On arrival, customers should notify the employees that they have arrived for pick-up and should remain in order to the designated pick-up site in a container (e.g., a bin, shopping cart, or other container) and place it

Essential services that operate inside a shopping center such as medical services (clinics or optometrists) may continue to operate. o If these businesses do not have a door that opens to the exterior of the center, these businesses should work by an appointment-only system. Staff should meet each patient/client at the mall entrance and escort them to the service location. o As much as feasible other methods such as telemedicine options or on-line services should be offered. An employee (or employees if there is more than one entrance) wearing a cloth face covering is posted near the door but at least 6 feet from the nearest customers to direct customers to the appropriate pick- up site. Tape or other markings identify both a starting place for customers arriving for pick-up and 6-foot intervals for subsequent customers who are joining the line. Employees, wearing face coverings and gloves, are positioned 6 feet from each other and from customers to deliver orders to customers. Bins should be used to pass packaged, pre-ordered merchandise to customers to avoid personal contact between employees and customers. Employees may momentarily come closer when necessary to accept payment, deliver goods or services, or as otherwise necessary. Measures to ensure physical distancing of at least six (6) feet have been implemented to ensure physical distancing between and among workers and customers in all outdoor shopping center locations. This may include use of physical partitions or visual cues (e.g., floor markings, colored tape, or signs to indicate where workers and customers should stand). Shopping center operators, retail tenants and vendors should collaborate to develop a shopping center operations plan that enables tenants to operate safely inside and outside the shopping center and to ensure compliance with all applicable DPH protocols and state and local laws and regulations. Outdoor public seating areas (e.g., chairs, benches and other public spaces) are reconfigured to support physical distancing. Break rooms and other common areas are configured to limit employee gatherings to ensure APPENDIX E: Reopening Protocol for Shopping Center Operators Page 4 of 7 Revised 8/11/2020 Exhibit 3 71 COUNTY OFCase LOS 2:20-cv-08896 ANGELES DEPARTMENT Document 1-3 OF PUBLICFiled 09/28/20 HEALTH Page 6 of 8 Page ID #:75 ORDER OF THE HEALTH OFFICER

physical distancing of at least 6 feet. Where possible, outdoor break areas with shade covers and seating are created to help ensure physical distancing. In compliance with wage and hour regulations, employee breaks are staggered to help maintain physical distancing protocols. Physical distancing requirements are implemented at loading bays and contactless signatures have been implemented for deliveries. C. MEASURES FOR INFECTION CONTROL All indoor areas of shopping centers that have no entrance that faces the exterior of the mall are closed to the public until further notice. Employees are permitted to enter the indoor areas of the shopping center in order to maintain essential operations. The HVAC system is in good, working order; to the maximum extent possible, ventilation has been increased. Consider installing portable high-efficiency air cleaners, upgrading the

the quantity of outside air and ventilation in offices and other spaces. Contactless payment systems are in place or, if not feasible, payment systems are sanitized regularly. Describe: ______Common and high traffic areas, and frequently touched objects (e.g., handrails, elevator controls, doorknobs or handles, credit card readers, elevator buttons, escalator handrails, etc.) are disinfected regularly during business hours using EPA approved disinfectants following the

Workspaces and the entire facility are cleaned at least daily, with restrooms and frequently touched areas/objects cleaned more frequently. Shopping center hours have been adjusted to provide adequate time for regular deep cleaning and product stocking. Public restrooms are sanitized regularly using EPA approved disinfectants and following the on the following schedule: ______Public drinking water fountains are turned off and have signs informing customers that they are inoperable. Employee restrooms are not available for customer use. Customers arriving at the establishment are reminded to wear a face covering at all times (except while eating or drinking, if applicable) while in the shopping center or on the grounds of the shopping center. This applies to all adults and to children 2 years of age and older. Only individuals who have been instructed not to wear a face covering by their medical provider are exempt from wearing one. To support the safety of your employees and other visitors, a face covering should be made available to visitors who arrive without them. Symptom checks are conducted before visitors may enter the facility. Checks must include a check-in concerning cough, shortness of breath, difficulty breathing and fever or chills. These checks can be done in person or through alternative methods such as on-line check in systems or through signage posted at the entrance to the facility stating that visitors with these symptoms should not enter the premises.

Customers arriving at the establishment with children must ensure that their children stay next to a parent, avoid touching any other person or any item that does not belong to them, and are masked if age permits.

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Customers have access to proper sanitation products, including hand sanitizer, tissues and trash cans. Fitting rooms that are open for use by customers are monitored by staff. Any clothing that is tried on but not purchased is set aside for 24 hours before being returned to the racks or shelves. remain closed. Movie theaters, family entertainment activities, and bars located within the shopping center remain closed. Indoor mall or shopping center food court dining and seating areas must close, for at least 21 days, and until further notice. Restaurants located within an indoor mall or shopping center may offer food for delivery, carry out and outdoor table dining in compliance with DPH Protocols for Restaurants. Optional - Describe other measures (e.g. providing senior-only hours, encouraging online ordering/pick-up of orders, incentivizing non-peak sales):

D. MEASURES THAT COMMUNICATE TO THE PUBLIC A copy of this protocol is posted at all public entrances to the facility. Signage at the entry and/or where customers line up notifies customers that they may not enter the indoor areas of the indoor shopping mall, the importance of physical distancing, and of the requirement that they wear a face covering at all times while at the shopping mall. Signage at outdoor shopping malls, swap meets and other outlets that may remain open reminds customers about the importance of physical distancing, the need to wear a face covering at all times while at the shopping mall and the occupancy limit. Signage throughout the shopping center indicates to customers where to find the nearest hand sanitizer dispenser. Online outlets of the establishment (website, social media, etc.) provide clear information about store hours, required use of face coverings, limited occupancy, any policies in regard to preordering, prepayment, pickup and/or delivery and other relevant issues. E. MEASURES THAT ENSURE EQUITABLE ACCESS TO CRITICAL SERVICES Services that are critical to the customers/clients have been prioritized. Transactions or services that can be offered remotely have been moved on-line. Measures are instituted to assure access to goods and services for customers who have mobility limitations and/or are at high risk in public spaces.

Any additional measures not included above should be listed on separate pages, which the business should attach to this document. You may contact the following person with any questions or comments about this protocol:

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Business Phone number: Contact Name:

Date Last

Revised:

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