Posted on 03/19/2021 12:02:27 PM PDT by george76
The Los Angeles County Department of Public Health previously revoked the eatery's health permit, and the Burbank City Council last month revoked its conditional-use permit..
A judge ruled Tuesday that the city of Burbank can padlock the doors at a Burbank bar and restaurant that has continued operating despite the issuance of a temporary restraining order allowing the city to enforce its closure order.
But in the latest round of back-and-forth between the city and bar, the owners of Tinhorn Flat removed the doors..
"We found out a judge signed off on padlocking our doors, so we took maters into our own hands," said co-owner Lucas Lepejian. "If you don't have doors, there's nothing to padlocks. We will continue to operate."
Los Angeles Superior Court Judge Mitchell L. Beckloff initially handed down the TRO March 8 against Barfly Inc., the operating company of the Tinhorn Flats Saloon & Grill on Magnolia Boulevard, but he did not immediately authorize disconnecting the power or the padlocking of the doors.
However, he changed his mind over time after the city presented evidence that Tinhorn Flats continued to stay in business despite lacking the necessary permits to do so.
On Friday, the judge said the city could disconnect the electricity to the restaurant with 24 hours' notice, but the eatery stayed operating Saturday and Sunday using generators, according to the city's court papers. So, Burbank lawyers returned to court on Tuesday and obtained permission to lock the doors until the business obtains all the legally required permits.
"Repeating the mantra, `We will not comply,' Barfly apparently has no intention of ever complying with this court's orders," the city's attorneys state in their court papers. "Barfly and its agents, employees and representatives have continued to blatantly disobey the court's TRO by remaining open, encouraging crowds of customers to come and now operating on generators and cooking and serving food made on a barbecue."
The Los Angeles County Department of Public Health previously revoked the eatery's health permit, and the Burbank City Council last month revoked its conditional-use permit.
The judge has scheduled a March 26 hearing on whether the TRO should be extended with a preliminary injunction and whether Barfly should have to pay $1,500 in sanctions.
The city maintains the restaurant is an ongoing public nuisance.
"Defendants' continued operations without a public health permit and CUP, especially in the midst of the COVID-19 pandemic, demonstrate defendants' flagrant flouting of the code, regulations, rules, and standards required for health and safety practices in businesses such as restaurants," the suit states. "Allowing this to go unchecked could embolden other restaurants and facilities to flout the same permit requirements, which would further undermine public health and safety."
The county and city actions took place after numerous complaints were received about the Tinhorn's continued offering of outdoor dining on its patio in violation of the applicable health officer orders at a time when such activity was banned in Los Angeles County, according to the suit. The ban was relaxed in late January.
"The vast majority of restaurants did their part and acted as good citizens by complying with these orders, despite the tremendous difficulty and hardship they have suffered as a result," according to the city's court papers. "Not everyone has borne the sacrifice willingly."
Only if they were close to me, I would eat there twice a day, and do take out.
Thumbs up!
I’d expect, if this bar was the source of multiple cases of CCPVirus, it would be news. But it isn’t and it’s not. And yet the long arm of zealot-level ‘enforcement’ persists while the California border is overrun by infected, some with a more transferrable virus - as evidenced by the hospitals in LA and San Diego that have yet to see an end to the second wave.
If I lived in the Burbank area, I’d be moving out of the state. But first I’d eat there as often as possible.
“Allowing this to go unchecked could embolden other restaurants and facilities to flout the same permit requirements, which would further undermine public health and safety.”
Irony. They say this as they themselves destroy respect for law with their bizzaro world response to a flu bug.
Yet democrat party thugs rioting are ok as is the entertainment awards with no masks except for show.
Padlock the doors to the news media buildings as we can see no one is wearing a mask on tv.
Michigan restaurant owner who fled Communism arrested after defying illegal Covid lock down orders..
https://freerepublic.com/focus/f-chat/3943637/posts
Is this the same place where the owner used his truck to block in the code inspector’s vehicle a few months ago?
They’ve already done that.
I live in Florida and you can hardly tell there is a pandemic here.
That's why the governor of Florida, DeSantis, is looked at as the leading contender for president in 2024 and the governor of California, Newsom, is being recalled.
People will absolutely hate Biden (or Harris as the case may be) if he ever makes it to the next election for the same reason.
The issue is FREE States and FEAR States!
True that.
bttt
I called the Burbank City Council this morning (818.283.5750) to leave a polite (?) message. The ‘leave a message’ is full, so you have to ‘press 6’ to get in - there I left a message for Sandy someone, Assistant to someone. They also list an alternative number if you have to talk to them immediately: 818.238.5751. I haven’t tried that one yet.
Tinhorn has Mark Garregos (OJs lawyer) on it. He owns a restaurant in LA and already challenged/ won a case to open it. Newsom changed the rules, Garregos took it to the Supreme Court and won.
did you stop in today at Tin Horn? Yeah, it’s not exactly warm beer because it was cold in Burbank when we had lunch..
Good, they have no authority over both the state and the U.S. Constitution. They set precedent over local Commercial law. One commercial entity has no power over another commercial entity. If this was allowed Google and Microsoft would own all of California and shut down who they choose.
First a financial injury and burden must be proved by the commercial party of the first part. Just like any other case between two commercial Corporations. It is one business claiming they have the authority to dictate over another business. The State maybe...County maybe... A local Incorporated municipality not.
And I think they should get back only what they collect within those city lines in taxes. If this were a fact a whole lot would change real quick.
any chance of a “recall” campaign against all the LA County officials involved in this travesty as well as the LA County Commissioner/Chairman and other members, the Dept. of Health and Quackery, etc.?
At Tinhorn now
Great crowd. Great tunes. Good prices.
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