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A California city cut off power to a restaurant that refused to close during the pandemic - but the restaurant says it will use backup generators to keep serving diners

Grace Dean   

A California city cut off power to a restaurant that refused to close during the pandemic - but the restaurant says it will use backup generators to keep serving diners
  • The city of Burbank cut off the electricity supply to Tinhorn Flats on Saturday with court approval.
  • Authorities say the grill defied both state and county COVID-19 protocols during the pandemic.
  • The restaurant said it would carry on serving customers by using its own power generator.

The city of Burbank in Southern California cut off the electricity supply to a restaurant that repeatedly defied local orders by remaining open during the pandemic.

The city disconnected power to Tinhorn Flats' property over the weekend with authorization from the Los Angeles Superior Court. City officials had also asked the court for permission to padlock the restaurants' doors, but this was not granted.

The restaurant, which has stayed open despite having its permit revoked, said it would continue to serve customers using its own generator.

An online fundraiser that the owners of Tinhorn Flats set up to cover their legal fees has raised more than $12,000.

Burbank authorities said the restaurant defied both state and county COVID-19 protocols during the pandemic. The complaints primarily related to offering outdoor dining when this was prohibited and to operating without a public-health permit.

Tinhorn Flats refused to comply with state and county safety 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.

A post shared by Tinhorn Flats Saloon & Grill (@tinhornflatsburbank)

But the Los Angeles County Department of Public Health received dozens of complaints saying that Tinhorn Flats was still offering outdoor dining. An investigation found that it was still serving food and alcohol in its outdoor seating area and that diners were allowed to sit close to one another despite social-distancing rules.

The department ordered Tinhorn Flats to stop serving diners - but it didn't.

In response, the department suspended Tinhorn Flats' public-health permit and told the restaurant to discontinue all operations.

At each follow-up inspection, however, the department found that the restaurant continued to offer outdoor dining. This meant that in addition to violating the order prohibiting outdoor dining, Tinhorn Flats was operating on a suspended public-health permit. The department fully revoked the permit, but the restaurant continued serving customers onsite, the department said.

Tinhorn Flats operated "in flagrant violation" of the county's orders, Burbank officials said in a report in late February.

"This is without question injurious to health and poses a serious risk to patrons, the neighborhood and community at-large, therefore constituting a public nuisance," the officials added.

The county filed a lawsuit against the restaurant, accusing it of violating emergency health orders and county codes and of acting as a public nuisance. The city of Burbank filed a complaint accusing the restaurant of violating municipal codes and of being a public nuisance.

On March 8, the court issued a temporary restraining order that required the restaurant to close.

But the restaurant remained open, and the court on Friday authorized the city of Burbank to disconnect the electricity to Tinhorn Flats' property. Officials cut off the supply on Saturday, but the restaurant said on social media that it would use its own generators to stay open. It called the city's actions "government over-reach."

Tinhorn Flats didn't immediately respond to Insider's request for comment.

Lucas Lepejian, 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 more than $12,000 from 210 donors, one of whom thanked the restaurant for "standing up against tyranny."

A post shared by Tinhorn Flats Saloon & Grill (@tinhornflatsburbank)

"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."

Other restaurants in the county are able to offer indoor dining from Monday onward.

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