A Burbank, California, restaurant that defied lockdown orders has threatened to take the city to the Supreme Court, saying small business owners 'were left to die'
- Burbank, California, authorities cut off Tinhorn Flats' power supply after it refused to stop outdoor dining.
- The owner told Insider that there was "zero sense" behind the lockdown and it would "never" comply.
- The restaurant would have gone into "major debt" if it had closed, the owner added.
A restaurant owner in Burbank, southern California, has threatened to take the city to the Supreme Court after it cut off its power supply for defying both state and county lockdown orders.
The city of Burbank cut off the electricity supply to Tinhorn Flats on March 13 after it repeatedly ignored orders from city officials to close during the pandemic. The restaurant had continued to offer outdoor dining when this was prohibited and had stayed open even after the city revoked its public-health permit.
The restaurant, however, has said it would continue to serve customers using its own generator. Its owner Baret Lepejian told Insider that it will "never comply" with lockdown orders.
On July 1, Los Angeles County officials ordered restaurants to halt indoor dining. From November 25 to January 29, outdoor dining was prohibited too.
But the Los Angeles County Department of Public Health received dozens of complaints saying that Tinhorn Flats was still offering outdoor dining.
Baret Lepejian, the restaurant's co-owner, claimed to Insider that there was "zero science and zero sense" behind the lockdown orders.
"With zero compensation, we (small business restaurant owners) were left to die," Lepejian said in a written statement. "Instead of going into certain major debt, I instead decided that Tinhorn Flats would open outside."
He added that staff wore masks and the restaurant kept indoor dining facilities closed.
The Los Angeles County Department of Public Health suspended and then revoked the restaurants' public-health permit after it ignored multiple orders to stop outdoor dining. Lepejian told Insider the department made the decision "solely on the grounds of their illegal and unconstitutional rules and regulations."
Reacquiring the permit would cost Tinhorn Flats "thousands of dollars, take months, and [involve] tremendous amounts of California red tape," he added.
"I simply will NEVER comply," Lepejian told Insider. "I will never pay fines or penalties for 'crimes' I never committed. I will take this to the Supreme Court if need be ... I will not be bullied by a clueless state government and local city council that is basing everything strictly on fear and control instead of any health considerations."
Lepejian's son Lucas, also a co-owner of the restaurant, set up a GoFundMe page to foot its legal bills. Since it was created on March 2, the campaign has raised almost $43,000 from nearly 900 donors, one of whom thanked the restaurant for "standing up against tyranny."
"I donated because I believe in freedom of choice," another donor said. "I will always support the perils of freedom over the perceived security of government."
Lockdown measures have sparked a bigger wave of coronavirus-related litigation covering everything from individual businesses to industries, lawmakers, and governments.
Strip clubs in New York City have sued Gov. Andrew Cuomo for keeping them closed during the pandemic and Texas Attorney General Ken Paxton threatened to sue the city of Austin if it didn't lift its mask mandate. Restaurant chains in the Midwest are also taking their insurer to court in a bellwether case that claims that business interruption insurance should cover their pandemic losses.