In-N-Out Burger: 'We Refuse To Become The Vaccination Police'

SAN FRANCISCO, CA — As cities and counties around California enact rules requiring business patrons to show proof of a COVID-19 vaccine or a recent negative test result, California’s home-grown fast-food chain, In-N-Out, has taken a stance: “We refuse to become the vaccination police for any government,” company executive Arnie Wensinger said in a statement emailed to Patch.

The showdown happened in San Francisco, where the restaurant posted signs about the requirement. But that was not good enough for the local public health department, which wanted employees to ask customers for proof of vaccination and a photo ID before serving them.

"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," said Wensinger, In-N-Out's chief legal and business officer.

The health department responded by shutting down the restaurant.

The showdown happened Thursday, and the In-N-Out restaurant has now reopened for outside dining and takeout only. San Francisco public health officials told NPR that In-N-Out has "taken steps to comply" with certain requirements to reopen in that capacity.

"They added that the restaurant can reopen indoor dining when it 'shows an adequate process and procedure for complying with the health order and passes a health and safety check,'" according to NPR.

San Francisco is not alone in mandating vaccine requirements.

Last month, Contra Costa County, east of San Francisco, began requiring proof of full vaccination or a recent negative COVID-19 test “to enter indoor businesses such as restaurants, fitness centers, bars, entertainment venues and other indoor places.”

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Los Angeles is heading in the same direction. Anyone entering indoor restaurants, bars, gyms, shopping centers, entertainment venues and personal care establishments in Los Angeles will have to show proof of full COVID-19 vaccination under a new ordinance approved by the City Council.

Enforcement of the Los Angeles law is expected to begin Nov. 29, but earlier this month the city's Department of Building and Safety said it does not have enough staff to enforce a crackdown.

Penalties in Los Angeles will be stiff: a $1,000 fine for a second violation, $2,000 fine for a third violation and a $5,000 fine for a fourth violation.

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Back in San Francisco, In-N-Out's Wensinger is holding the line. "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."

As of Wednesday, dine-in service remains closed at In-N-Out's only San Francisco restaurant.

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