San Francisco Temporarily Shuts Down Its Only In-N-Out for Refusing to Check Patrons' Vaccination Status

Here's a story with some meat: The San Francisco Department of Public Health briefly shut down the city's only In-N-Out Burger location last week because it was not properly checking patrons' vaccination documentation.

The city has required full proof of vaccination to enter public spaces, including bars and restaurants, since August. It began easing indoor mask requirements last Friday but still requires patrons to wear masks inside restaurants except while actively eating or drinking.

Health officials temporarily shut down the fast food franchise's San Francisco burger joint last Thursday after learning staff members were not checking diners' vaccination status, the San Francisco Department of Public Health told NPR over email.

It said that public health officials had informed In-N-Out several times about the proof-of-vaccination requirement but that the restaurant did not comply.

Arnie Wensinger, In-N-Out's chief legal and business officer, said in a statement provided to NPR that the restaurant had posted signage to communicate local vaccination requirements but was not preventing the entry of customers who didn't have the proper documentation.

He went a step further, adding that the company aims to make all customers feel welcome and finds it "unreasonable, invasive, and unsafe" to ask staff to "segregate customers into those who may be served and those who may not."

But an Aug. 12 health order from San Francisco Mayor London Breed and the director of SFDPH states that the proof-of-vaccination requirement "does not include individuals ordering or picking up food or drink to go".

Under the San Francisco health order, In-N-Out customers who do not offer proof of vaccination can still be served, as long as they take their order to go or eat at the restaurant's outdoor tables and do not dine indoors.

"We fiercely disagree with any government dictate that forces a private company to discriminate against customers who choose to patronize their business," Wensinger's statement said on behalf of In-N-Out. "This is clear governmental overreach and is intrusive, improper, and offensive."

Repeated notices, then closure

City officials first visited the San Francisco In-N-Out restaurant on Sept. 24 after receiving a non-emergency 311 complaint and followed up again on Oct. 6 to find that the restaurant was still not following the law. Just over a week later, the public health department issued a notice of violation and closure requiring the establishment to "cease all operations on site immediately because of the threat it poses to public health."

The department said it had also issued a notice of violation to the property owner, Texas-based Anchorage Holdings LP.

The restaurant has since "taken steps to comply" and reopened for takeout and outdoor dining only, public health officials said. They added that the restaurant can reopen indoor dining when it "shows an adequate process and procedure for complying with the health order and passes a health and safety check."

Health officials said they had not heard of any plans from In-N-Out to check patrons' vaccination status or open its indoor dining area as of Wednesday morning.

In other words, at least for now:

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