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."
https://freerepublic.com/focus/f-news/3942495/posts
I’m liking these guys more and more...
Burbank government is a public nuisance.
I'll bet the voters would say the city is an ongoing public nuisance.
Was gonna say, I love a good flagrant flouting! Go, Tinhorn!
Buy a generator and use cell phones.
And what science did the city officials bring to court PROVING the establishment was spreading the Wuhan Virus from or to customers at the saloon?? Most likely none, because most likely there is no such evidence.
Now, THIS is what I call, “Woke”!
Did you end up stopping in for a warm beer? I think the wife and I may go this weekend as we will be driving pretty close by.
Time for
DEFIANCE, not COMPLIANCE!
!!!!!! At :23 of the NBC film, a woman walks into the restaurant wearing a t-shirt with a logo. I am not in a place where I can do a good screen capture of the NBC video to see the shirt.
Can one of you Freepers do it?
LOL
These guys came to play!
Go Tinhorn!
We went there yesterday (Thursday) about 3/ for lunch. Just to support them. Limited menu due to power cut-off, but they turned on the generator for us and made a delicious hamburger. The place was full!! The doors had again been padlocked that morning, but evidently the Burbank (Mayor? City Council?) had sent the Police and Fire Department there to cut the locks, deeming it ‘unsafe.’ PD/ FD were evidently unhappy to unbolt the locks but had been told to do so.
The owner is not giving up. They have two lawyers on it. Did I say, the place was hopping at 3 pm. We told them we’ve been praying for them. No masks in sight. Cash only. No onion rings was the saddest thing, bc of the power/ fryer being cut. It had the scent of FREEDOM tho. We told them we had come for autographs bc we were so proud of them, and they very much appreciated our support.
On Instagram they are asking for donations for lawyers. The Court fears that ‘if they let Tinhorn get away with it, other restaurants will want to too.’ I say, WE WILL BE FREE.
Neighbors / perhaps (movie) Studio Folks, since it is close to the Studios there - brought them generators and a bbq. And bolt cutters.
Florida has plenty of evidence to show restaurants and bars are safe to open.
I paused it and looked about 10 times. Might do it another 10 times.
Not about a virus
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