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San Francisco shuts down In-N-Out restaurant after company 'refused to become vaccination police' and enforce mandate among customers

  The popular burger chain In-N-Out is sizzling mad after San Francisco shut down its indoor dining for refusing to check customers' vac...

 The popular burger chain In-N-Out is sizzling mad after San Francisco shut down its indoor dining for refusing to check customers' vaccination status.

The company's Fisherman's Wharf location - the only In-N-Out location in San Francisco - was temporarily shut by the Health Department on Thursday for declining to enforce the state's stringent coronavirus restrictions. 

Authorities said the burger chain had refused to bar clients who couldn't show proof of vaccination to dine indoors, as required by a city-wide mandate that came into effect on August 20.

In-N-Out ignored repeated warnings to enforce the vaccination rule, the department said, calling the mandate a matter of public health to keep COVID-19 from spreading.

Meanwhile, In-N-Out's chief legal and business officer Arnie Wensinger declared: 'We refuse to become the vaccination police for any government.' 

The location has since reopened but without indoor dining.

In-N-Out was the only San Francisco restaurant that was closed for violating the mandate.

Fisherman's Wharf location - the only In-N-Out location in San Francisco - was temporarily shut by the Department of Public Health on Thursday last week for declining to enforce the state's stringent coronavirus restrictions (pictured: a file photo of an In-N-Out burger sign in California)

Fisherman's Wharf location - the only In-N-Out location in San Francisco - was temporarily shut by the Department of Public Health on Thursday last week for declining to enforce the state's stringent coronavirus restrictions (pictured: a file photo of an In-N-Out burger sign in California)

In-N-Out's chief legal and business officer Arnie Wensinger declared: 'We refuse to become the vaccination police for any government. 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.' (file picture: In-N-Out drive thru in Baldwin Park, California)

San Francisco's health department temporarily shut down the In-N-Out restaurant as it refused to actively carry out spot checks on customers' vaccine passport (pictured: a restaurant worker in San Francisco checks customers' vaccine passes)

San Francisco's health department temporarily shut down the In-N-Out restaurant as it refused to actively carry out spot checks on customers' vaccine passport (pictured: a restaurant worker in San Francisco checks customers' vaccine passes)

Wensinger maintained that the burger joint had clearly communicated vaccine requirements to customers via signage, only refusing a direct instruction from local health officials for staff to actively perform spot checks on customers' vaccine passes.

'Our store properly and clearly posted signage to communicate local vaccination requirements. 

'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. 

'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,' Wensinger said on behalf of the chain. 


In-N-Out operates 358 locations across the western United States, but only has one location in San Francisco. 

The burger chain has proved a hit among citizens of the west coast, with many of the restaurants experiencing wait times of several hours, leading to pop-up stores in London, as well as in Australia and sparking physical altercations among impatient customers.  

The Fisherman's Wharf location is the only restaurant in San Francisco to be closed down by the city's Health Department for violating the vaccine enforcement protocols, a health official said. 

'Vaccines remain our best tool to fight this disease and come out of the pandemic,' a Health Department spokesperson wrote. 

'Vaccination is particularly important in a public indoor setting where groups of people are gathering and removing their masks, factors that make it easier for the virus to spread.'

The popularity of the In-N-Out burger chain, which operates over 350 locations in the western United States, has led to huge queues, sparking fights among impatient customers (pictured: queues for an In-N-Out restaurant in Denver, Colorado)

The popularity of the In-N-Out burger chain, which operates over 350 locations in the western United States, has led to huge queues, sparking fights among impatient customers (pictured: queues for an In-N-Out restaurant in Denver, Colorado)

Customers waited 14 hours to order when In-N-Out Burger opened a new restaurant in Denver last November, with several fights breaking out in the queue

Customers waited 14 hours to order when In-N-Out Burger opened a new restaurant in Denver last November, with several fights breaking out in the queue

But Wensinger criticized the Health Department's decision as 'intrusive governmental overreach'.

'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.' 

San Francisco's 'Safer Return Together Health Order' came into effect in August and mandates that most businesses operating an indoor service such as restaurants, bars, gyms and entertainment venues, must obtain proof of vaccination before allowing customers inside.  

The city has some of the most stringent Covid laws in a state which is among the most restrictive in its public health policies. 

California's controversial governor Gavin Newsom announced at the start of the month that all elementary and high school students, in both public and private schools, will be required to get the shot once the vaccine is given final approval from the US government for different age groups.

The announcement state-wide demonstrations and walkouts among parents and teachers in a state where students and teachers alike are forced to either be vaccinated or submit to regular testing to attend classes, and must wear masks at all times both inside and outside on school grounds. 

Excited Londoners queue to try infamous In-N-Out burger
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