Daniel Kim/The Sacramento Bee via AP, Pool, File
- The City of Burbank cut off the electricity supply to Tinhorn Flats on Sunday with court approval.
- Authorities say the grill defied both state and county COVID-19 protocol during the pandemic.
- The restaurant said it would carry on serving customers by using its own power generator.
- See more stories on Insider's business page.
The City of Burbank in southern California has 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 on Sunday 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.
The owners of the Tinhorn Flats Saloon & Grill have set up an online fundraiser to cover their legal fees. This has raised more than $12,000.
According to Burbank authorities, the grill defied both state and county COVID-19 protocol during the pandemic. The complaints primarily relate to the restaurant offering outdoor dining when this was prohibited, and 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.
But the Los Angeles County Department of Public Health (LACDPH) received dozens of complaints saying that Tinhorn Flats was still offering outdoor dining. An LACDPH investigation found that it was still serving food and alcohol in its outdoor seating area, and that diners were allowed to sit in close proximity to each other, despite social distancing rules.
The LACDPH 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 LACDPH found that the restaurant continued to offer outdoor dining. As well as violating the order prohibiting outdoor dining, this also meant Tinhorn Flats was operating on a suspended public health permit. The LACDPH consequently fully revoked the restaurant's permit - but the restaurant still continued serving customers onsite, it said.
Tinhorn Flats operated "in flagrant violation" of the county's orders, Burbank officials said in a report.
"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 for violating emergency health orders and LA county codes, and acting as a public nuisance, and the City of Burbank filed a complaint for violating Burbank municipal codes and also causing public nuisance.
On March 8, Los Angeles 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 Sunday, but the restaurant said on social media it would use its own generators to stay open, and called the city's actions "government overreach."
Tinhorn Flats didn't immediately respond to Insider's request for comment.
Lucas Lepejian, a co-owner of the restaurant, has set up a Go Fund Me page to foot its legal bills. Since it was created on March 2, this has raised more than $12,000 from 210 donors, some 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."
Other restaurants in the county are able to offer indoor dining from Monday onwards.