In-N-Out Defies San Francisco's Vaccine Requirement For Diners, Says They 'Fiercely Disagree' With 'Government Overreach'

In-N-Out Burger
In-N-Out Burger |

The San Francisco Department of Public Health temporarily shut down the Fisherman's Wharf branch of In-N-Out on October 14 after the beloved fast food chain failed to check the vaccination status of clients at the door, thereby violating the city's mandate requiring indoor diners to present their proof of vaccination. In-N-Out is famously known for being owned by outspoken Christians, led by billionaire Lynsi Snyder.

"Our store properly and clearly posted signage to communicate local vaccination requirements," Arnie Wensinger, In-N-Out Burger's Chief Legal and Business Officer told Fox News in a statement. Wensinger explained that after they closed their Fisherman's Wharf branch, local regulators informed the company that their staff must "must actively intervene by demanding proof of vaccination and photo identification" from every client, and "act as enforcement personnel by barring entry" for any clients who failed to present proper documentation.

"We refuse to become the vaccination police for any government," Wensinger declared, condemning the vaccine requirements of the state's department of Health as "unreasonable, invasive, and unsafe" and accusing the city government of forcing restaurants to "segregate customers" based on their vaccination status.

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

The San Francisco Department of Health said they issued a notice of closure to In-N-Out's Fisherman's Wharf location on October 14 due to "noncompliance with the Safer Return Together Health Order" and assured that they were warned several times before the closure notice was served. According to the Los Angeles Times, the public health department said, "Since the Notice of Closure was issued, the business has taken steps to comply and has since resumed operations for outdoor dining and take-out only."

Earlier this month, the Los Angeles City Council approved a sweeping ordinance that would require proof of COVID vaccination among patrons who wish to enter restaurants, bars, shopping centers, and other establishments, CBS News reported. The ordinance was approved following an 11-2 vote and needed 12 votes to pass with an emergency clause that may have allowed it to take effect immediately. Because of the vote, it could only take effect within 30 days or on November 6. Mayor Eric Garcetti had already signaled his interest in signing it.

Businesses that fail to comply with the ordinance, which will likely begin on November 29, will be slapped with a $1,000 fine for its second violation, $2,000 fine for its third violation, and a $5,000 fine for a fourth violation.

The new measure is even more stricter than the order passed in September by the L.A. County Public Health Department that required patrons of bars, lounges, breweries, wineries and nightclubs to show proof of at least partial vaccination beginning October 7 and full vaccination by November 4. Under the order, those who wish to attend outdoor events with 10,000 or more attendees will need to present proof of vaccination or a negative COVID test within the past 72 hours.