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Judge authorizes city to shut off electricity to Burbank restaurant that defied health order

By Alexi Chidbachian
Updated  March 15, 2021 5:25pm PDT
Burbank
FOX 11

Judge letting city shut off power for Burbank restaurant accused of violating health orders

A Los Angeles Superior Court has authorized the City of Burbank to disconnect the electricity to a restaurant that remained open in defiance of a temporary restraining order.

BURBANK, Calif. - A Los Angeles Superior Court has authorized the City of Burbank to disconnect the electricity to a restaurant that remained open in defiance of a temporary restraining order.

On March 8th the court issued a Temporary Restraining Order to Tin Horn Flats requiring the restaurant to close and not open without a County Health Permit and City Conditional Use Permit.

However, the doors of Tin Horn Flats remained opened and on Friday the court authorized the city to cut their electricity after giving a 24-hour notice. 

RELATED: Judge issues temporary restraining order against operators of Tin Horn Flats to enforce its closure

"The court did not provide permission to padlock the doors at this time but continues to reserve such a remedy as a last resort," a statement from the City of Burbank read. 

The owner says they will continue to stay open and are currently using a generator as a power source.

Restaurant owner vows to stay open despite power being shut off

A preliminary injunction is scheduled for March 26, 2021. At the hearing a judge could continue the closure order or add additional orders while the litigation is pending. 

The City of Burbank says if Tin Horn Flats refuses to close, they will then return to the court with further orders and enforcement. 

The city alleges that the restaurant broke the state and local in-person dining ban back in December 2020 and therefore the city took civil action against them. 

Back in early December, FOX 11 reported on Tinhorn Flats openly defying the county and state's outdoor dining ban. Tinhorn Flats brought in customers when FOX 11 was at the saloon's patio to speak with the owner. 

RELATED: City of Burbank to take civil action against Tin Horn Flats to seek closure of the restaurant

During the Dec. 2020 interview, the saloon owner was not concerned about the risk of losing his license or being issued fines.

"I've got nothing left to lose," owner Lucas Lepejian told FOX 11's Phil Shuman in December. "I'm opposing tyranny...I'm doing COVID-19 safety protocols."

Back in December, Lepejian told Shuman he could lose his liquor license, which costs around $100,000.

Fast-forward to February 2021, the saloon has officially lost its permit.

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