City Seeks To Padlock The Doors At Shutdown-Defiant Tinhorn Flats

BURBANK, CA — The city of Burbank is seeking a judge's permission to turn off the lights and padlock the doors at Tinhorn Flats Saloon & Grill where restaurant owners allegedly defied health orders and continued operating even after the city revoked its permits.

The owners at Tinhorn Flats Saloon & Grill on Magnolia Boulevard have been among the most vocal critics of the county's coronavirus health restrictions. But they are hardly alone. There have been numerous lawsuits filed against restaurants and by restaurants against the county since coronavirus health restrictions were instituted. The owners of The Classic Cat restaurant on the Sunset Strip in West Hollywood filed suit Monday against Los Angeles County, alleging ongoing coronavirus restrictions could force the eatery to close by Friday.

In the case of Tinhorn Flats, it's the city that is suing to have the eatery declared an ongoing public nuisance. The city is seeking permission to shut off the electricity and padlock the doors until Tinhorn Flast is brought into compliance. The extreme measure comes after 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. Neither revocation stopped Tinhorn Flats from operating.

"Defendants' continued operations without a public health permit and CUP, especially in the midst of the COVID-19 pandemic, demonstrates 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."

Tinhorn Flats Owner Baret Lepejian spent much of the last few months railing against mask mandates and dining prohibitions as tyrannical. According to city and county health officials, the restaurant continued to serve customers in-person over the winter in defiance of warnings and cease and desist orders. Patch was unable to reach Lepejian for comment. However, in an Instagram post after last month's City Council decision, the restaurant seemed poised to continue its rebellion.

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 suit. "Not everyone has borne the sacrifice willingly."

Along with Barfly Inc., the operators of the Tinhorn, the other defendants in the suit are restaurant CEO Baret Lepejian; his son, Lucas Lepejian; his daughter, Talya Lepejian; and property owner Isabelle Lepejian, whose relationship to the others is not stated in the complaint.

City News Service and Patch Staffer Paige Austin contributed to this report.