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In-N-Out Battles California Health Officials Over Vaccine Compliance

In-N-Out Burger will cease indoor dining at all five of its Contra Costa County, Calif. locations, after the chain refused to adhere to local guidelines requiring that patrons show proof of vaccination.

San Francisco County, Contra Costa County, and the city of Berkeley require restaurants to screen patrons for vaccination. Local health officials closed the chain’s San Francisco and Pleasant Hill restaurants “indefinitely” last month when both locations racked up warnings and fines for refusing to screen, according to SFGate. Those locations are now reopened, but are also ceasing indoor dining. 

In-N-Out is the first fast-food chain to garner attention over vaccine mandate enforcements. Leadership at the company have reiterated their disinterest to “become the vaccination police for any government” in statements made to news publications.

“We fiercely disagree with any government dictate that forces a private company to discriminate against customers who choose to patronize their business,” said Arnie Wensinger, In-N-Out Chief Legal and Business Officer, in a statement to Eater SF

Wensinger also told NPR that the joint did post signs to notify customers of local vaccination requirements, but that they were not preventing the entry of those who didn’t show proof.

In-N-Out’s refusal to comply with mandates prompted support from many, including Former Vice President Mike Pence. Pence recently posted a tweet of him holding his meal outside of an In-N-Out location last week. His caption read “In California and had to stop at In-N-Out Burger!” Former senior legal adviser and counsel to former President Trump, Jenna Ellis, also tweeted, “This is the way,” in response to the news.

New York Magazine’s Grub Street named this controversy as “another reason to be happy In-N-Out never opened in New York”. A twitter user wrote, “If you aren’t already, it’s time to boycott In-N-Out.”

The popular chain is now sort of complying with officials, as it has announced that it will cease indoor dining at all Contra Costa County restaurants, instead of enforcing a policy that would require customers to show proof of vaccination for indoor dining, according to SFGate. The locations include Pleasant Hill, San Ramon, Brentwood, Pittsburg and Pinole, and each will still offer drive-thru and takeout options.

“We thank In-N-Out Burger for coming up with a solution that helps keep our community safe,” said Contra Costa County’s statement to the Los Angeles Times.

Contra Costa County’s health department stated that In-N-Out has yet to pay any fines from these violations, according to SFGate.