Former Tinhorn Flats owner gets mixed results in latest court ruling

A judge Friday expressed skepticism over constitutional arguments offered to explain the position of the former CEO and president of the now-closed Tinhorn Flats Saloon & Grill in Burbank in not complying with the county’s outdoor dining ban in late 2020, but the businessman’s lawyers were allowed to refine their positions in another amended countersuit.

Through its operating company Barfly Inc. and Tinhorn Flats CEO Baret Lepejian, the Magnolia Boulevard eatery filed a countersuit to the county’s underlying Los Angeles Superior Court public nuisance suit in July 2021. The countersuit has been revised twice since then and continues to maintain that the Tinhorn Flats “suffered immensely” during the brief outdoor dining ban while other nonessential businesses were allowed to stay open.

According to the most recent amended complaint, Barfly, in an exercise of its First Amendment right to freedom of speech and assembly, publicly expressed its political views opposing the shutdown orders.

“This promoted congregations at Tin Horn of like-minded individuals who shared Barfly’s same views against the shutdown orders,” the first amended complaint stated.

But in Friday’s ruling, Judge Maureen-Duffy Lewis disagreed with the Barfly attorneys’ analysis.

“COVID orders temporarily banning outdoor dining do not regulate assembly based on the expressive content of the assembly; rather, they prohibit all outdoor dining at restaurants, irrespective of the purpose of the gathering or type of speech,” according to the judge, who gave Barfly’s lawyers 30 days to file an amended complaint and ordered attorneys for the restaurant and the county to take part in a mandatory settlement conference.

In early 2021, the Los Angeles County Department of Public Health revoked Tinhorn Flats‘ health permit, and its conditional-use permit was subsequently canceled by the Burbank City Council.

Recently, county attorneys filed court papers with Duffy-Lewis asking for judgment in the county’s favor regarding its public nuisance suit filed in January 2021, arguing that there are no triable issues and that Barfly’s defenses are meritless. They want the judge to issue rulings directing Barfly to be prohibited from reopening the Tinhorn Flats restaurant, or opening any other eatery in the county, unless the proper permits are obtained and health orders in existence at the time are obeyed.

A hearing before Duffy-Lewis is scheduled May 4.

In June 2021, Baret Lepejian’s ex-wife, Isabelle Lepejian, obtained possession of the Burbank restaurant, successfully completing an eviction process she initiated against the eatery as the property owner. She also is the mother of the Lepejian children, including Lucas Lepejian, then 20, who was arrested by Burbank police for being on the property when he was allegedly not permitted to be there.

Isabelle Lepejian later sold the property to Old Fashioned Investment LLC.

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