Judge Upholds Preliminary Injunction Against Burbank's Tinhorn Flats

LOS ANGELES (CBSLA) — A judge Friday denied a motion by the owners of Burbank's Tinhorn Flats Saloon & Grill to lift a preliminary injunction previously imposed on the business.

An attorney for the restaurant's owners requested the injunction be lifted arguing that it was "moot in light of the reopening of Los Angeles (County) restaurants under the revised COVID-19 protocols."

However, Los Angeles Superior Court Judge Mitchell L. Beckloff called the argument "unpersuasive," because the injunction was not related to the pandemic.

"Without regard to the status of any COVID-19 restrictions issued by the county or Gov. Newsom, Barfly does not have the necessary permits to operate a restaurant," Beckloff wrote. "If Barfly had its permits, the preliminary injunction would not enjoin it from operating. The court order merely requires Barfly to comply with the law."

Beckloff initially issued the injunction along with $1,150 in sanctions on April 9. It requires the restaurant to obtain all legally required permits before it can reopen.

Earlier this year, the Los Angeles County Department of Public Health revoked Tinhorn Flats' health permit. The Burbank City Council subsequently revoked the business' conditional-use permit.

Tinhorn Flats owner Baret Lepejian, who lives in Thailand while his children operate the restaurant, last month said he supported their actions amid the pandemic and vowed not to pay the roughly $50,000 in fines that have been levied against the business.

(© Copyright 2021 CBS Broadcasting Inc. All Rights Reserved. City News Service contributed to this report.)