UPDATE March 12, 2021 at 3:00 pm
The City has just released the following after the hearing held Friday morning:
This morning due to Barfly Inc., Tin Horn Flats, continuing to remain open in defiance of the Temporary Restraining Order issued on March 8, 2021, the Los Angeles Superior Court authorized the City of Burbank to disconnect the electricity to Tin Horn Flats’ property after giving 24-hours’ notice. The court did not provide permission to padlock the doors at this time but continues to reserve such a remedy as a last resort.
In a separate email, Simone McFarland of the Public Information Office said the City has not come with a definite date yet to start the 24-hour clock.
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Original Story published 3/1/21
The City of Burbank will head back to court on Friday to modify their temporary restraining order (TRO) and ask for the ownership of Tinhorn Flats to be held in contempt after the restaurant disregarded the court’s order to close on Monday, March 8.
On Monday, the City asked for conditions to close down the restaurant but the judge did not grant Burbank the right to turn off electricity or padlock the doors, although he ordered the restaurant to be closed immediately until the next hearing later this month.
While the next hearing was scheduled for March 26, Tinhorn Flats has still not closed its doors to customers according to Burbank. According to court documents filed yesterday, the City will ask to have the TRO amended to include:
1: An Order to amend the terms of the TRO, such that the City is authorized to do any or all of the following at Tin Horn Flats Saloon/Bar & Grill, located at 2623 West Magnolia Boulevard, Burbank, California 91505, APN 2478-023-001 (“Tin Horn Flats”):
a: The City is authorized, through its department and utility Burbank Water and Power, to disconnect electrical service at Tin Horn Flats within 24 hours of the Court’s signing of the Order; and/or
b: The City is authorized to padlock the doors to Tin Horn Flats until Defendant Barfly, Inc. (“Barfly”) obtains all valid and legally required permits to operate Tin Horn Flats.
2. An Order to Show Cause why Barfly should not be held in contempt of court for violating the TRO by continuing to open Tin Horn Flats for operation and restaurant services on March 9 and 10, 2021 (and every day thereafter) in violation of the TRO prohibiting such operations.
- An Order to Show cause why Barfly should not be sanctioned under Code of Civil Procedure section 177.5 for violating the TRO.
Court documents also said:
Notwithstanding this clear and unequivocal order from the Court, Barfly and its agents, employees, and representatives opened Tin Horn Flats for business the next day on March 9, 2021 and again on March 10, 2021. Based on Barfly’s and its agents’ statements on social media and in interviews since the TRO was issued, Barfly has no intention of complying with the TRO and will defiantly continue to remain open absent further intervention. At the March 5, 2021 hearing on Plaintiffs’ original ex parte application, the Court invited Plaintiffs to return to this Court to seek modification of the TRO should Barfly not comply. (Lee Decl., Ex. 3 at p. 3:15-23.) Unfortunately, Barfly has not complied with the Court’s TRO, necessitating Plaintiffs’ return to seek an order modifying the TRO to impose stricter conditions, including authorizing the City to disconnect the electricity to Tin Horn Flats and/or padlocking the doors to Tin Horn Flats. Absent these additional measures, Defendant Barfly will continue to operate unabated and without consequence.
In addition, given Barfly’s blatant violation of the TRO, the Court should issue an Order to Show Cause why Barfly should not be held in contempt for violating the TRO and pay sanctions for its willful violations. Barfly has forced Plaintiffs (and the Court) to expend significant resources in order to compel Barfly to cease operating after both its public health permit and conditional use permit were revoked. Barfly’s continued defiance and non-compliance is an ongoing public nuisance, a waste and tax on public resources, and must be stopped.
Tinhorn Flats has set up a GoFundMe page that has already raised $7,262 as of Thursady, March 11 at 5:00 pm and it states, “Tinhorn Flats Legal Defense Fund- We will not comply with tyrannical rules and closures. The clowns at the Burbank City Council have illegally revoked our Conditional Use Permit and Los Angeles City has illegally revoked our health permit. We need this money to continue to fight for all our rights. The money will be used for Geragos & Geragos Law to keep our doors open.”
Los Angeles City does not have anything to do with this case, it is Los Angeles County that operates the Health Department that all cities, including Los Angeles, follow.
Back on February 22, the City held a public hearing and revoked the CUP for Tinhorn Flats for the following violations:
Condition of Approval No. 31: “The applicant shall comply with all federal, state, and local laws. Violation or conviction of any of those laws in connection with the use will be cause for revocation of this permit.”
Condition of Approval No. 32: “Project No. 11-0000126 may be modified or revoked by the City should it be determined that the use or conditions under which they were permitted are detrimental to the public health, welfare, or materially injurious to property or improvements in the vicinity or if the use is maintained so as to constitute a public nuisance.”
The City also cited the Burbank restaurant for “not meeting the Burbank Municipal Codes that require a restaurant to hold a valid health permit to operate and for refusing to obey the lawful orders of the director of County Health.”
Friday’s hearing will be held at 8:30 am in Department 86 at 111 North Hill Street, Los Angeles
Why does the city keep harassing this business? Why did the city employ mask police to harass Burbank residents on cycle paths and in parks ? I’ll remember this come election time.
Why can’t you just wear a mask without people having to be on you about it? Like, what’s so hard about wearing one?
If the business would just adhere to regulations that have been put in place CONSTITUTIONALLY (Emergency Situation, State can decide what happens if fed doesn’t. 10th Amendment, check it out), then they would never have been in this situation. But people think they know better and can do what they want. So, suffer the consequences.
I’m so glad I moved away from Burbank. To see the horrible turn it’s taken I made the right move. Hope you enjoy what the city becomes Orangeman. Don’t come crying to others when the govt turns on you, cause they all do at some point
Then stay away from Burbank sonny.
Amen…
Newsflash: Lockdowns and masks have done absolutely nothing to halt or even slow the spread of this flu. This has all been about getting we sheeple to submit to nonsensical restrictions on our essential freedoms, including an experimental vaccine. What’s shocking is how many Americans have submitted to all the nonsense without question. It’s all a hoax to put tens of thousands of businesses out of business, make millions of us dependent on the gov’t. Kudos to Tin Horn flats for not bowing to the tyrants.
Let me know when you find Bigfoot Einstein…..
The rules are for everybody, cult members need to abide by them too.
Did you even read the article or pay attention to any responses by Tinhorn?
If you had educated yourself you wouldn’t have had to ask such a stupid question
What strange times we live in.
Wow! Having lived here my entire life I never would have thought Burbank would capitulate to the authoritarian powers that seem to be so gleefully restricting our Constitutionally guaranteed freedoms as they are today. Lockdowns? Mask mandates? Why does not every American see all this for what it is? Totalitarianism writ large. Does no one know their history? Apparently not. Tin Horn Flats should be celebrated for its courage, for defying a thoroughly un-Constitutional abrogation of their rights. Clearly this is no longer a free country and our Burbank leadership is caving to the “woke” police, the cancel culture, like the cowards they cowards they are. Whom among our local powers that be will have the guts to stand up and shout “The emperor has no clothes.”?
🤪🤪🤪🤪🤪🤪🤪🤪🤪
What “Constitutionally-guaranteed freedoms” did Burbank restrict? Could you please cite the Constitution in your answer?
Are you claiming it is unconstitutional for municipalities to regulate taverns or restaurants? Or are you saying that the Constitution gives taverns and restaurants the power to disregard municipal regulations if they don’t like them?
Emperors are unelected. Who is the emperor in your analogy? Last time I checked, every single member of the Burbank City Council has been democratically elected and are also bound by the law and the Constitution. Did I miss something?
Wish the city and our elected officials instead pursued correcting the homeless problems inside the city including along Olive Ave, the bike path and inside George Izay Park.
“Burbank citizen” I have been helping Burbank’s homeless for 30 years. The City cannot fix the issue of drug abuse, heroin in the arm and mental illness from Meth abuse. Educating the young to stay off drugs is the only solution and takes a long time to fix. Buying expensive piano stores and opening shelters won’t work. Tried and failed across America. The solution is rehabilitation and our City lacks the experience. They talk but never get their hands dirty. You have to meet these individuals to know their stories. Many will never leave the camps because they can get meth and heroin and get high without rules and regulations of a shelter. Help the young stay off drugs and 99% of the homeless issue will go away. Most of these folks have families that care and will help but the drug addiction has stolen their sensibility.
Be educated. Government programs have failed. More than half the money goes to “soft costs” which is consultants. Low-income housing is simply making developers rich. Do the Google homework before you support bad ideas.
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