The city’s only In-N-Out location at 333 Jefferson Street in Fisherman’s Wharf was closed by the San Francisco Department of Public Health last Thursday because employees “were not preventing the entry of Customers who were not carrying proper vaccination documentation,” according to a statement from the burger chain.
The Fisherman’s Wharf location has since reopened but indoor dining is unavailable, a spokesperson for In-N-Out told SFGATE. Though the restaurant had posted signage informing customers of local guidelines — which requires people to show proof of vaccination before dining indoors since August, per the San Francisco Department of Public Health’s Safer Return Together health order — In-N-Out’s Chief Legal and Business Officer Arnie Wensinger said the restaurant should not have to enforce those policies.
“After closing our restaurant, local regulators informed us that our restaurant Associates must actively intervene by demanding proof of vaccination and photo identification from every Customer, then act as enforcement personnel by barring entry for any Customers without the proper documentation,” read a statement from Wensinger.
“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. We refuse to become the vaccination police for any government,” he continued.
A spokesperson for the San Francisco Department of Public Health confirmed the restaurant was issued a “final” notice of closure on Thursday after public health officials had “directly informed In-N-Out representatives multiple times about the proof of vaccination requirement,” while the location’s property owner, Anchorage Holdings LP, was issued a notice of violation. Health officials first visited the restaurant on Sept. 24 after receiving a complaint via the city’s 311 service line.
Inspectors from the Department of Public Health’s environmental health division returned to the restaurant on Oct. 6 to find that it was still in violation of the order after they had already provided information on how to comply with local guidelines.
“The business was instructed to cease all operations on site immediately because of the threat it poses to public health,” read a statement from the department, noting COVID-19 vaccinations are important for people gathering in public indoor settings, particularly when they are removing their masks to eat and drink, which can make it easier for the virus to spread. “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.”
Wensinger, however, described the order as “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.”
“We fiercely disagree with any government dictate that forces a private company to discriminate against customers who choose to patronize their business. This is clear governmental overreach and is intrusive, improper, and offensive,” he wrote.
In-N-Out’s Fisherman’s Wharf restaurant opened in 2001 and has since cultivated a devoted following of locals and tourists alike for its Double-Doubles, milkshakes and “animal-style” fries.
The spokesperson for the San Francisco Department of Public Health did not yet confirm when the restaurant would resume indoor dining.