By CBSLA Staff

LOS ANGELES (CBSLA) — A Long Beach restaurant owner who continued to offer outdoor dining despite health orders is taking legal action to get her health permit returned.

Dana Tanner, who owns Restauration located on Fourth Street, filed a petition Monday in Los Angeles Superior Court against the city of Long Beach and the Department of Health and Human Services.

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The owner of Restauration in Long Beach is taking legal action to get her health permit returned. (CBSLA)

“The city of Long Beach public health data provides no support for the shutdown of outdoor restaurant operations,” the petition states. “There is no reliable data which tracks the spread of COVID-19 in restaurant settings that provide for only take out or delivery as opposed to outdoor dining only.”

Tanner had her health permit suspended on Jan. 22 and is facing criminal charges for violating the city’s coronavirus health orders by continuing to allow outdoor dining at her restaurant. Hers was the first business to face charges in Long Beach.

On Jan. 8, a city health inspector cleared the restaurant of any violations during a visit, but then returned an hour later, according to the petition.

“The inspector stated he saw two people in the back patio area, without masks on, and immediately posted a notice of closure on the door and left,” the petition states.

On Jan. 15, the city sent Tanner a notice of an administrative hearing to discuss alleged violations observed by the inspector, according to the petition.

A week later, the city emailed Tanner a notice that her health permit was being immediately revoked, four days before the city began allowing outdoor dining at city restaurants, according to the petition.

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Tanner was also hit with six different citations with fines totaling more than $2,000.

The petition alleges the hearing was conducted in an unfair manner because her attorney was not allowed to fully cross-examine a key city witness nor provide argument over the evidence presented.

Tanner has defended her decision to continue offering outdoor dining.

“I’m not a political person. I am just here to make food, to pay my bills and to take care of my employees — literally that’s all I want to do,” she said.

“I made that difficult decision because, as I was saying before, there is a difference between being closed because you feel like it is the right and safe thing to do and being closed because you’re afraid of what people are going to think of you,” she said. “And I chose to make that hard decision because I have team members that need me. I currently have a team member currently living at my house.”

A representative for the Long Beach City Attorney’s Office did not immediately reply to a request for comment.

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(© Copyright 2020 CBS Broadcasting Inc. All Rights Reserved. City News Service contributed to this report.)