The Battle of Tinhorn Flats

Robert Morton18 Mar, 2021 5 Min Read
ΜΟΛΩΝ ΛΑΒΕ.

Nowhere is the dictatorial idiocy of government on display better than in Burbank, California. It's bad enough that state, county, and city restrictions regarding businesses during the so-called "pandemic" often contradict each other.  It's far worse when a county or city engages in restrictions that are tighter than those the state, or are just simply being stupid because anyone who's been paying attention knows this isn't really a "pandemic."

Just to review, 8.5 percent of Burbank’s population has tested positive, and 0.2 percent of the population has died, and the death rate for those who have the virus is 2.8 percent.  All of these numbers are in line; L.A.  County as a whole (12 percent, 0.2 percent, and 2.2 percent, respectively), and the U.S. as a whole (8.9 percent, 0.16 percent, and 1.8 percent).  Some 80 percent of deaths are of those over age 65 who have an average of 3 co-morbidities.

The Burbank city Council of Ninnies, like most other municipal governments in Democrat-controlled states, ordered all restaurants to be shut on December 6, during the most recent "surge." This included outdoor dining, even after restaurants had invested tens of thousands of dollars each into proper safety measures and taking other steps necessary to actually serve food outside.

Need we mention the absurdity of banning outdoor dining at all?

Tinhorn Flats is a family-owned and operated bar and restaurant that has been operating in Burbank for many years.  The owners decided on December 10 to stay open regardless of any government order to shut, and has been serving outdoors since then.  Their health permit was revoked December 12.

And they stayed open!  Huzzah!

And why not?  If it’s a choice between bankruptcy and operating in defiance of a stupid and unnecessary government order, the choice should be clear.  Sadly, outside of five other restaurants in nearby Ventura County, no other operators openly defied these ludicrous orders.

Apparently, neither the Burbank City Council of Ninnies nor the County of Los Angeles knows what happens when you back into a corner. Now they are finding out exactly what does happen, and they have the scratches and blood to show for it.

From December 13 to February 9, the L.A. County Department of Health cited the restaurant for 36 separate days operating on a "suspended public health permit."

Tinhorn Flats stayed open.  Patriots like myself visited, ate food, and had beers.

On January 12, the LA County Attorney issued a cease-and-desist letter.

Tinhorn Flats stayed open. Patriots like myself visited, ate food, and had beers.

Two weeks later, the county filed a lawsuit for violating the "emergency health orders" and "abatement of public nuisance." Apparently not satisfied with simply suspending the public health permit, the county also took the extra step of actually revoking the permit.

Tinhorn Flats stayed open. Patriots like myself visited, ate food, and had beers.

Then the Burbank City Council of Ninnies revoked the conditional use permit that allowed Tinhorn Flats to operate on February 22.

Tinhorn Flats stayed open, etc, etc.

A week later the Burbank City Council of Ninnies filed a lawsuit for violating the municipal code, and the week after that the L.A. County Superior Court issued a temporary restraining order against the restaurant.

Tinhorn Flats stayed open, etc, etc.

Here's the best part: a few days ago, the Burbank City Council of Ninnies told a kangaroo-court hearing, in which it was obvious they had already made up their minds, demanding that the restaurant stop serving. A few days later, they cut power to the restaurant.

So what happened? Patriots and patrons donated generators and other gear so that the restaurant could continue to operate. And customers are still coming to the restaurant.

We’re not done yet. The Burbank City Council of Ninnies ordered the doors of the restaurant to be locked. It just so happens that Tinhorn Flats is famous for its swinging doors, like the saloons of the Old West.  They cover those over at night with two large doors – which they REMOVED to prevent them from being padlocked!

Somehow, the next day, the doors reappeared and were padlocked, and so was the side entrance. Tinhorn Flats then posted picture on their Facebook page showing the side door was open, that they were open for business, and that anyone could come. As I write this article, on the evening of St. Patrick's Day, the place is hopping and packed both indoors and outdoors. I had a wonderful burger and fries there today.

By the way, all of this followed an order by another L.A. County judge requiring the county to show evidence that the ban was necessary.  This the county failed to do,  but the judge sadly didn’t overturn the ban.  Yet it was this ruling that bolstered Tinhorn Flats’ position that every step being taken against the restaurant was illegal.

As the owner of Tinhorn Flats has publicly said, this has nothing to do with safety, but fear and control. Their mantra is "we will not comply." These four words should stir the hearts and souls of every freedom – loving American.

There is nothing special about the five petty tyrants on the City Council.  As we've learned over the past year, politicians have no special knowledge of, and absolutely no clue about, epidemiology or how to have properly managed this "pandemic." This is about fear and control, and a group of five power-mad individuals who want to assert their authority over others.

Their names are: Mayor Bob Frutos, Vice Mayer Jess Talamantes, Konstantine Anthony, Nick Schultz, and Sharon Springer.  Frutos’ bio says, “During his 28 years of public service in Law Enforcement, he learned the value of working with residents, businesses and neighborhoods in a collaborative effort to find solutions to complex community issues.”  What nonsense.

Also notable is that Anthony claims once been homeless, so his extraordinary lack of compassion for people who are simply trying to keep their business open amidst an unjustified panic places him in a particularly shameful position.

These petty tyrants don't seem to realize that they have awakened a sleeping tiger. People from all over the city are patronizing the restaurant. Support is pouring in from all over the country.

Nor do they realize that nothing will stop me or anyone else from patronizing this business.  We are the ocean of freedom and we will flow around any obstacles in our way.  The Burbank City Council will look like the idiots they are in trying to shut down this place.

Oh yeah, my sources tell me that the Burbank Police Department supports Tinhorn Flats.

A legal defense fund has been set up at this GoFundMe page and I urge you to donate. Meanwhile, this just in:

Like a desperado who is riddled with bullets but just won't stop, Tinhorn Flats remains open. The latest chapter in this saga finds the Burbank Fire Department showing up at Tinhorn Flats on Wednesday night to remove a padlock... one that city officials had placed there earlier that morning.

Why? Because as soon as officials left, Lucas Lepejian cut off a lock on a side entrance and reopened the Old West-themed restaurant and bar, reports FOX 11.

After cutting off the padlock, Lepejian let customers in and continued serving them food and drink although the front door remain padlocked, creating what Burbank officials call a "life-safety hazard."

Standing up to bullies is the only way to defeat them.

Robert Morton is a veteran public policy researcher, analyst, and consultant who has worked on a variety of issues across economics, the sciences, and education.

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15 comments on “The Battle of Tinhorn Flats”

  1. Great article. Intersection on this video link I will share below at 4.50 minutes, the California State Health Secretary Mark Ghaly on a zoom interview talks about the outdoor dining ban is not so.much about specific safety issues caused by it, it's more about trying to keep people at home. It's all about control folks, right there says it all. And I feel Los Angeles County Health Dept. and the Burbank City Council is hurt that someone is standing up to them and exercising their Constitutional Rights to protest this situation and to make a living. So like Bullies, they try to force them to back down. Business owners aren't entitled to unemployment or did I hear of them receiving any money to help keep their bills paid and income in place during this Lockdown. We all are adults and can choose for ourselves, whether we stay at home or go out, eat at a restaurant or take.it to go. No one is forcing you to go anywhere. That's what makes America great, we have Freedom, well maybe not so much in Burbank or Los Angeles County. Video Link https://youtu.be/Yu8SeB1F2bQ

  2. Robert, you rock! We need you and many more to point out the obvious tyranny of our government officials.

  3. This is a joke right? Most of us in Burbank can’t stand Tinhorn and their charade. I work at a restaurant just down the street and we adapted and we followed the rules and we continued to survive. What makes the clowns at Tinhorn so special they don’t think they have to follow rules? Baret has enough of his parents’ inheritance to be able to have survived the shutdown. When hospital ICU were at max capacity in LA county all restaurants had to shut down. He felt entitled to stay open and then paid the price.

    Burbank even has a way of reimbursing restaurants that took significant financial hire but nope Baret and his petulant kids had to make a scene and pretend to be a victim of nonexistent tyranny.

  4. "This is a joke right?"
    Freedom is never a joke.
    "Most of us in Burbank can’t stand Tinhorn"
    Who is "Most of us"? Because they've been there a long time. Sounds like sour grapes.
    "and their charade."
    What charade? Trying to stay open and run a family business amidst unreasonable restrictions that the court found to be lacking in scientific basis?
    "I work at a restaurant just down the street and we adapted and we followed the rules and we continued to survive."
    Congratulations. Maybe your financial position is stronger, you have higher margins, more people, or any number of things.
    "What makes the clowns at Tinhorn so special they don’t think they have to follow rules?"
    Because a Court found the rules to lack any scientific basis.
    "Baret has enough of his parents’ inheritance to be able to have survived the shutdown".
    What business of that is yours, and what proof do you have of that anyway?
    "When hospital ICU were at max capacity in LA county all restaurants had to shut down."
    He did. Until the Court ruled.
    "Burbank even has a way of reimbursing restaurants that took significant financial hire but nope Baret and his petulant kids had to make a scene and pretend to be a victim of nonexistent tyranny."
    You clearly don't recognize tyranny. Sounds like you are a Communist.

  5. Jealous? We all make choices, from small choices of wearing masks or not to leaving a business open or not. Very few people stood up to the Brits during the Revolution. The owners of the Tinhorn, one of them may be your next governor or mayor. It could have been you!

  6. Great article. I wish other businesses in other states would do the same and that concerned people would make their stories known. I sit and watch the news (southern Ohio) and simply think to myself - are they attempting to make me insane? They talk about this opening and that opening, like nothing is going on - oh and wear no masks ever in any story/situation. Then switch 100 percent the other way to numbers of cases and how to get the 'jab' (having grown up in a medical heavy family - how stupid is that) to phrase a statement that they deem is really important)? If I believed even a quarter of the information about this virus - I'd still not inhibit my behaviors much.

  7. It is obvious from your tirade that you despise competition and most likely are one of nefarious actors looking to eliminate that competition .
    Sic Semper tyrannus.

  8. In other words, you caved to the unprecidented and unconstitutional actions of the government.
    I wish I lived closer than 700 miles I would be patronizing the establishment.

  9. If I were near there, I would be a Tinhornee, . . . eating what ever was on the menu. Goiod for all of you folks who are and will continue to support this obviously privileged owner - uh huh, Mikey West! You said he inherited enough of his parents money etc. Do you resent the fact that his parents worked hard and had some to give their son that privilege? You are some kind of Commie thinker in my book and I don't like you wuff a shit boy. Know what i'm say'n Mikey Boy?

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