City of Burbank Explains LA County Public Health Order Enforcement

27
9312

The City of Burbank understands there is conflict in our community over the County/State Public Health Orders regarding COVID 19. It’s understandable that the emotions of this past year have been mixed, from people being angry that their lives have been restricted, to people being angry that not everyone is compliant with the Orders.  Moreover, we have experienced tremendous anxiety and loss this past year.  We have lost people, jobs and businesses, or people are on the verge of losing these things.  People have been challenged to pay their rent or mortgage and are now behind on their payments and fearful of losing their home.

These are unprecedented times, and we are all exhausted by what COVID 19 has done to our community, particularly all the people we know and love.  And with the cases surging and the hospitals impacted, now more than ever we need to come together as one community and care and look out for one another.  

Please know that we understand this entire experience and the responses from the County and State have sometimes been confusing, and in some instances haven’t made sense. The City of Burbank has tried to work within the spirit and confines of the restrictions to keep our community members safe, but at the same time support our businesses.  The City Council supported a Resolution requesting the County to reconsider closing outdoor dining and took action to close San Fernando to help many of our restaurants expand into the outdoor space to survive.  We also temporarily removed parking requirements so businesses could use their private parking lots to operate.  And with money from Community Development Block Grant funding received in the first stimulus package, the City provided grants to small businesses as well as tenants to help with their rent.  

This past year has placed everyone in an impossible position.  We have had to sacrifice seeing family and friends, we have had to endure distance learning or working from home, we had to work because we were deemed essential workers, or we have been frontline medical providers fighting COVID firsthand.  Through this all, the City has worked hard to maintain our quality services and we are proud of our employees and their commitment to charging through this scary time compassionately, professionally and competently.

So now our community finds itself in yet another impossible position as we near the end of 2020.  We have businesses in town that are operating in defiance of the County/State Order and we are filled with mixed emotions.  We have people who support the businesses’ decisions to operate against the Orders, and we have people who are angry they are operating and that nothing is being done to shut them down immediately.  As a reminder, while there are businesses in town not in compliance with the Health Orders, any person patronizing those businesses and taking part in behavior that isn’t allowed by the County Health Order is also not in compliance.  Again, this situation is full of confusion and things that don’t make sense, but we think it is important that our residents understand the facts, and the challenging position the City is in.

BurCal Apartments8715

With respect to businesses that have been operating in defiance of the Orders, when the City receives complaints, we first seek compliance from the business.  If that doesn’t work and we receive another complaint, our Police Department visits the business and reminds them of their obligation to comply with the Orders.  If that visit does not help, we contact the County Public Health Department for follow up.  The County Health Inspectors have visited many of the businesses that have been operating against the Orders and have sought to educate and seek compliance but for those that have not complied, they have issued citations.  To our knowledge, the County has only gone to court to seek an injunction on a church and several gyms (none of which are in Burbank) with limited success.   With respect to Tin Horn Flats, at this point, the County Public Health Office has pulled the businesses’ health permit provisionally.  A revocation hearing was held early this week to permanently pull the health permit.  Tin Horn Flats requested a stay on the County’s action to revoke the health permit, which was granted through the Administrative Hearing Officer.  We do not know the basis for the request or the granting of it.  The next hearing date is scheduled for January and at this point we do not know the exact date.  Should the County be successful in obtaining the permanent revocation of the license in January, they may have to seek an injunction through the Courts to order Tin Horn Flats to shut down.  

Also, at the request of the Burbank Police Department, Alcohol and Beverage Control is investigating the matter and are progressing toward issuing a suspension of their liquor license, which will also require a hearing and appeal. 

While we understand the desire of some in our community to see swift immediate action on the part of the County, State or City, please know there are limited tools to immediately close down a businesses, and any tool we have provides for due process.  Please rest assured this issue is on the radar of a few jurisdictions, and action is being pursued where appropriate.

Burbank has had so many positive things happen amidst this horrible pandemic, such as neighbors helping neighbors and residents supporting small businesses.   Let’s please pull together to care for each other, do our part to keep ourselves and others safe, and know that the City is working hard to help all of its residents and businesses work through these very challenging times.

27 COMMENTS

  1. Sorry, but until BPD actually wears their own masks I don’t believe they’re doing much of anything about others following orders or safety protocol.

  2. Legacy BJJ , Tacfit gym at 330 N victory Blvd, Burbank 91502 is open every day. 100% indoors packed with kids , full contact Ju Jitsu and other contact related activities. No Masks open since day one of the pandemic. Total defiance and disregard for the community , families and the unsuspecting.

  3. EVERY job is essential because feeding your family is essential!!! People who are concerned about COVID can STAY HOME. Leave Tin Horn Flats alone

  4. Correct me if I’m wrong but – in order to have your liquor license suspended you must violate liquor license laws (ie serve a minor) and to be shut down by the health department you must violate your health department license (ie rat and roach infestations). To shut down a business based on an unconstitutional mandate is in itself illegal. Please let me know.

  5. Perhaps if the city of Burbank had enforced masks requirements back in March then the tone of what is acceptable level of conduct would have been set for the community. Instead, the city drug its feet on any mask mandated, the police department refused to wear masks and, when a mask mandate finally had the opportunity for the council to vote, specific council members voted against it.

    Until Burbank PD wears masks and Burbank is ACTIVELY citing lack of respect of the mask mandate across the entire city – which is the most immediate and visible action that the council has 100% control on at the city level – the ripple effect of irresponsibility will create waves across the community. Anything less is just lip service for those who want to stay in power versus actually respect the health of the community.

      • @Randall that’s a ridiculous argument. If the city council has 100% control over citing people for street cleaning violations, for example… that doesn’t mean they have 100% control over you.

        It just means we live in a city that has laws.

  6. Not sure it’s against the law to hold a peaceful protest on your own property, which is exactly what Tin Horn Flats is doing. Just because they sell items during said protest, does not means it’s illegal. But I’m no lawyer. It just seems Burbank has much more important things to worry about, like deciding which streets designed for cars should be destroyed by adding more bike lanes.

      • The First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or THE RIGHT OF THE PEOPLE TO PEACEABLY ASSEMBLE, and to petition the Government for a redress of grievances.”

        • Yes, I have more questions.

          Is it a “peaceable assembly” if attendees are potentially infected with covid and not taking active steps to protect themselves from infection and from transmitting any possible infection to others?

          Here’s a thought provoking article from Reason.com which is a strongly libertarian publication addressing exactly those issues from a legal perspective: https://reason.com/volokh/2020/04/04/liberty-of-movement-and-assembly/

          Here are some choice quotes for those of you who can’t be bothered to read it.

          “Contagious disease, unfortunately, has the property that I can sicken or even kill you with it entirely inadvertently, without any choice on my part. It’s not like carrying a gun, which I might misuse but which I can choose to use properly. It’s like carrying a gun that every so often (and largely unavoidably) just shoots a bullet in a random direction, without my pulling the trigger.”

          and

          “But the broader point is that the normal conditions that justify liberty of movement and travel—that make this liberty consistent with the libertarian judgments that each of us should have the right to do things that don’t physically harm others—are regrettably not present when each of us (with no conscious choice on our parts) is potentially highly lethal to people around us. However peaceable we might be in our intentions, our assembling is a physical threat. Our judgments about liberty, I think, need to reflect that.”

  7. Most of the comments on this article are a case study in why we can’t have nice things.

    If we had a single, unified, coordinated response to stamp out the spread of covid from the beginning, perhaps we could have gotten this under control earlier and avoided the pain we’re in now.

    But no, we have people like Sgt. Gary who ain’t gunna let no one tell him what to do cuz his freedoms “superceid(?)” yer health! Go ‘Merica!

    • Gee…”If only everyone would think and do exactly the same thing” that miscreant wants. What a great world that would be. Some prefer diversity, tolerance, and freedom over your totalitarian “everyone should act and think the same way.” So while you whine and cry about “nice things”, remeber that too is subjective. To some, freedom to do what one pleases is the most important “nice thing”.

      • @Dane, *nowhere* in my comment do I call for an end to diversity. Just because I advocate society coming together to defeat covid, doesn’t mean that everyone has to start wearing Ingsoc uniforms and pumping fists in unison for Big Brother.

        I never said everyone should think and do the same thing. We can work together as a team and still have plenty of diversity. Didn’t we win WW2 this way?

        • “Working as a team” to you seems to mean following all your rules and ideas. Or the ideas and rules you believe to be true. That is not how the country works. We have diversity of opinion and it is up to the individual to decide what is best for them. Yes, they must follow laws, but none of the current lockdown rules are laws that were voted by a legislation. They are not laws. They are simply decrees from overzealous government employees.

          WWII was won, not with everyone working as team blindly following orders, but through a variety of operations from soldier and citizen alike that did what they do best. To demand some stop working, lose their savings, destroy their livelihood, and lose their hope is simply unfair and wrong. You can fill it with whatever science you want, but that ship isn’t gonna float. Not everyone has the luxury to pause their lives for one day, let alone for a full year.

          The road to hell was paved with good intentions, and we are seeing that in spades right now. It seems you are on the good intentions bandwagon, but the reality is much more complex. We aren’t fighting an enemy with a gun, it’s a virus. It will do what viruses do. We can try to mitigate it, but the hopes of no death or sickness is a child-like fantasy. Until then, let people live the lives they want for however long they have left. We are all here for limited time and no vaccine or wearing of a mask will change the fate awaits us all. We are all guests on this planet and no law can change that. Protect yourself how you see fit, and let others do the same. Cheers!

          • My point about WWII was that everyone sacrificed for the greater good. Look at the rationing that took place in foodstuffs, rubber, etc. Look at the draft. These were all economic and emotional burdens put upon people, yet the country pulled together. If we had this spirit back at the beginning of the crisis perhaps we could have avoided the worst of things.

            I don’t think anyone is operating under a child-like fantasy of believing the virus will just go away and we will have no deaths. Of course people will die. What we should look to do is minimize the number of deaths. I think the really unfortunate thing here is how it was all handled to begin with, and the lack of financial support from the government. If we had strong leadership with clear, consistent messaging through all of this, coupled with regular financial support for business and individuals being asked to suspend operations, perhaps we could have gotten things under control with our first lockdown.

            Sadly that ship has sailed and I don’t think any lockdown now would have a real impact. People are just too confused about how to respond, sick of the half-assed trying and, like you, are basically saying screw it lets let the chips fall where they may. I can’t say I blame anyone for feeling that way after dealing with this for the past 10 months. It just could have been handled so much better.

            I completely agree with you that the road to hell is paved with good intentions. But I think what we’re seeing is more of a crappy dirt road, with a couple patches of well-intended pavement here and there. If we had paved the whole thing before trying to drive on it, our suspension wouldn’t be shot to hell.

      • @Randall, that’s a nice Franklin quote. However, keep in mind he was a scientist and inventor and therefore would likely have been on board with 99% of other scientists who think that masks and lockdowns are the way to control the virus until a vaccine is widely available. As an aside you may also find the history of the Franklin quote interesting. Check out https://techcrunch.com/2014/02/14/how-the-world-butchered-benjamin-franklins-quote-on-liberty-vs-security/.

        @Dane… Do you wear pants when you go out in public?

        Do you wear a seat belt when you get in a car?

        Do you wish you could yell “fire” in a crowded theater?

        Do you wish you could employ 5-year old children at your business?

        We have plenty of laws that infringe on freedoms yet everyone seems to accept them and our democracy hasn’t unraveled as a result. As a society, we have agreed that it’s better for everyone to abide by these restrictions even though it means giving up a little bit of absolute freedom. Why is this any different? If we had all pulled together early on and had a unified response to the virus, perhaps we’d be in a better situation right now.

        Aren’t we at war with covid? Shouldn’t we all mobilize together to defeat it?

  8. Everyone watch the documentary PLandemic On FreedomPlatform . tv to give you an idea of this SCAMdemic false flag attack silent war on humanity. This was all planned (research Event 201) Some of the comments on here show the lack of free thinkers, lack of independent research, willfully ignorant sheep. Wake up People. You’re being lied to by those responsible for creating this man made virus for their dark agenda. Masks don’t work, it’s been proven. Masks are not about health. the vaccines alter your dna (rna) toxic with side effects, don’t do it! Gov doesn’t care about your health, it’s been proven. Virus has 99.5 % survival rate! The tests don’t work, as said by it’s inventor Kerry Mullis (PCR year) the statistics are fake, non Covid deaths are labeled as Covid deaths. The virus has never been isolated / visualized which is a scientific term look it up but most won’t because you are WILLFULLY IGNORANT! this is the problem. They’re hiding the truth from us. All mainstream media is owned by 6 corporations working together to fool you! Stop complying with unconstitutional, unwarranted MANDATES (not laws) Burbank shame on you for this ridiculous article, instead of supporting your citizens you’re enforcing this charade. Everyone watch the documentary PLandemic on the website freedmplatform . Tv. It’s been censored from YouTube and other corrupt platforms for a reason, they’re hiding the truth. Today it’s a mask mandate, tomorrow vaccine mandate, then comes the chip. Sound crazy? You haven’t been paying attention. RESIST! Support your fellow brothers and sisters, they’re turning us against each other (divide and conquer) open your eyes and mind. Don’t use google to research as it censors results. Use duck duck go . Com or another uncensored engine

    • @Gordon Freeman – as much as I love Half Life, I think if Gordon Freeman were a real person, the scientist in him would be skeptical of the conspiracy theories you have cited.

      Masks don’t work, it’s been proven? By whom? They’re not about health? What are they for then? Is it some government conspiracy to make us breathe in more carbon dioxide? Don’t you think if mask wearing was dangerous… more doctors and nurses would be dead?

      The vaccines are toxic? Can you cite a reliable peer-reviewed scientific source for this? The millions who have already been vaccinated would probably disagree with you on this.

      The virus has a 99.5% survival rate? Here’s a recent Forbes article that debunks that, a quick google (or duckduckgo) will turn up plenty of others: https://www.forbes.com/sites/marshallshepherd/2020/12/26/perspective-on-bad-99-covid-19-survival-rate-arguments-using-weather/

      The virus has never been isolated or visualized? According to the National Center for Biotechology Information your statement seems to be false, here’s the link but you seem to be discounting real science so I’m not sure you will care: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7045880/

      What is the “dark agenda” that is at work here? Can you just tell us instead of forcing us to sit through Plandemic? If we watch Plandemic, maybe we should watch all the “censored” and “hidden” videos about lizard people in government, chemtrails, etc?

Comments are closed.