A burger restaurant in Contra Costa County has resorted to take-out and drive-through service after being cited by the Contra Costa Health Services Environmental Division for allegedly not requiring vaccine documentation, testing documentation, or photo identification from their customers before seating and serving them.
The In-N-Out Burger in Pleasant Hill was ticketed last month and fined a total of $1,750 for violating the county’s coronavirus vaccine mandate, according to media reports.
“As a Company, In-N-Out Burger strongly believes in the highest form of customer service and to us that means serving all Customers who visit us and making all Customers feel welcome,” said Arnie Wensinger, In-N-Out Burger’s chief legal and business officer.
As previously reported in SFGate, the health department had received numerous complaints about the popular eatery from the public before forcing its closure on Oct. 26.
"The reason for the closure is that In-N-Out Associates were not actively demanding vaccine documentation or testing documentation and photo identification from each dine-in Customer before serving them," Wensinger told the Southern California Record. “We refuse to become the vaccination police for any government. It is unreasonable, invasive, and unsafe to force our restaurant associates to segregate customers into those who may be served and those who may not, whether based on the documentation they carry, or any other reason.”
The rebuke by the health department comes at a time when the Department of Labor’s Occupational Safety and Health Administration (OSHA) released its vaccination policy guidelines that require employers with a minimum of 100 employees to develop, implement and enforce a COVID-19 vaccination policy.
“We fiercely disagree with any government dictate that forces a private company to discriminate against customers who choose to patronize their business,” Wensinger added. “This is clear governmental overreach and is intrusive, improper, and offensive.”
On Nov. 6, the 5th Circuit Court of Appeals stayed the Biden administration’s OSHA mandate alleging constitutional concerns.
“Because the petitions give cause to believe there are grave statutory and constitutional issues with the mandate, the mandate is hereby STAYED pending further action by this court,” the Nov. 6 order states.