In-N-Out Burger in hot water again with Bay Area health departments

Two Bay Area In-N-Out Burger locations are in more trouble with local health departments a week after the restaurant chain's public admission it considers enforcing proof of COVID-19 vaccination mandates "clear governmental overreach."
Two Bay Area In-N-Out Burger locations are in more trouble with local health departments a week after the restaurant chain's public admission it considers enforcing proof of COVID-19 vaccination mandates "clear governmental overreach." Photo credit Melissa Culross/KCBS Radio

Two Bay Area In-N-Out Burger locations are in more trouble with local health departments a week after the restaurant chain's public admission it considers enforcing proof of COVID-19 vaccination mandates "clear governmental overreach."

In-N-Out Burger's Pleasant Hill location has been closed indefinitely by Contra Costa County officials, while officials across the Bay in San Francisco are investigating the fast food giant's only location in the city for continually skirting pandemic-era public health requirements.

Podcast Episode
KCBS Radio: On-Demand
In-N-Out Burger in hot water again with Bay Area health departments
Listen Now
Now Playing
Now Playing

Contra Costa Environmental Health confirmed in a statement to KCBS Radio on Tuesday it has suspended In-N-Out's commercial food permit "for creating a public health hazard" at its Pleasant Hill location after it "repeatedly" allowed indoor diners without checking for proof of vaccination.

In-N-Out was fined $1,750 and cited four times prior to Tuesday's closure, and the department said the Pleasant Hill restaurant "must remain closed until the hazard is abated."

Arnie Wensinger, Chief Legal and Business Officer with the burger chain, said in a statement to KCBS Radio that the Pleasant Hill restaurant was closed because employees "were not actively demanding vaccine documentation and photo identification." Wensinger echoed his statement from last week about the San Francisco location's closure for indoor dining, repeating that the company "(refuses) to become the vaccination police for any government."

“We fiercely disagree with any government dictate that forces a private company to discriminate against customers who choose to patronize their business,” he said.

In-N-Out locations in Pinole and San Ramon have received violation notices for not checking proof of COVID-19 vaccination, Contra Costa County officials said. The San Ramon restaurant was fined $250 on Monday.

KRON first reported the news of the Pleasant Hill restaurant’s closure on Tuesday.

The San Francisco Department of Public Health, meanwhile, confirmed to KCBS Radio on Tuesday that it is investigating the burger chain for allowing indoor diners at its Fisherman's Wharf restaurant without checking proof of vaccination, a week after public health officials said it would be closed for indoor dining over its refusal to enforce the city's proof of vaccination requirement.

A public health spokesperson said the city received a complaint on its 311 line that diners were eating indoors again, despite the closure of its dining room on Oct. 14.

Eater SF first reported the news of the Fisherman's Wharf closure on Tuesday. A journalist with the outlet photographed a diner eating inside on Oct. 23, despite the presence of signage indicating the city’s public health department had closed the restaurant for indoor dining until it complied with the city's order.

"Signage is posted at each entrance and at each table to indicate that indoor dining is unavailable," an In-N-Out spokesperson said in a statement to KCBS Radio. "Additionally, all orders are being packaged to go. Our Associates will help politely communicate that indoor dining is unavailable, as needed."

San Francisco officials said In-N-Out can reopen for indoor dining once "adequate health and safety measures are approved and implemented."

In the last week, In-N-Out has emerged as a cultural and political flashpoint over its refusal to enforce proof of vaccination requirements.

Former Vice President Mike Pence, a Republican who staunchly opposes vaccination mandates for employees and customers, tweeted last week that he stopped at In-N-Out Burger during a visit to California.

State records showed the burger chain donated $40,000 to the California Republican Party in July, two months before Gov. Gavin Newsom overwhelmingly retained his office in a statewide recall election. Federal records obtained by Business Insider showed that In-N-Out COO Marc Taylor and his wife, Traci, donated over $15,000 to former President Donald Trump and the national Republican Party between 2016 and 2019.

Featured Image Photo Credit: Melissa Culross/Getty Images