Sacramento Superior Court Puts AB 257 on Hold for Review After Save Local Restaurants Lawsuit

SACRAMENTO – Today, the Sacramento Superior Court issued a temporary hold on AB 257, the FAST Act, which prevents the law from being implemented until the Court has a chance to decide the merits of the case. A hearing is scheduled for January 13, 2023. This pause comes on the heels of a Save Local Restaurants coalition lawsuit against state officials following a declaration that they would move forward with the law despite more than one million California voters demanding a say on its implementation.

The Save Local Restaurants coalition released the following statement in response to this decision:

“Above all, today’s decision by the Sacramento Superior Court protects the voices of over one million California voters who exercised their democratic right in asking to vote on a piece of legislation before bearing its burden. This process has been preserved for more than 100 years and was in grave risk of being suppressed. While this pause is temporary, the impact is beyond just one piece of legislation and keeps intact for the time being California’s century-old referendum process.”

Read the full court order HERE.

Additional Information:

On December 5, the Save Local Restaurants coalition announced it submitted to county elections officials over one million signatures from Californians in order to prevent AB 257 from taking effect until voters have their say on the November 2024 ballot.

The Secretary of State issued a notice on December 9, 2022, stating the referendum petition filed against AB 257 contains more than the minimum number of required signatures. 

Pursuant to Article II of the California Constitution, and consistent with the position taken by the Secretary of State and Attorney General in 2020, AB 257 became ineffective and unenforceable in its entirety as of this date. This includes, but is not limited to, the establishment of the Fast Food Council. Given the refusal by California’s Department of Industrial Relations to commit to upholding this law, the Save Local Restaurants coalition filed a lawsuit against the state officials responsible for overseeing enforcement of AB 257.

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