Pismo’s owner claims discrimination by city of Fresno, aims to sue over COVID-19 rules
An outspoken Fresno restaurateur will file a lawsuit against the city of Fresno and the state, claiming discrimination against his businesses amid the coronavirus pandemic, according to his attorney.
The city of Fresno’s actions against Pismo’s Grill, Westwoods BBQ & Spice Co. and Yosemite Ranch were harmful and unwarranted, according to a statement from Warren R. Paboojian, an attorney with Baradat & Paboojian Inc.
The law firm filed a claim that exceeds $10,000 against the city Tuesday on behalf of Dave Fansler, who owns the restaurants. Fansler could not be immediately reached.
“This is the first step toward pursuing a civil lawsuit before a jury against the city for these unlawful acts,” the statement said. “A lawsuit will also be filed against the Alcohol and Beverage Control (ABC) agency for their attempts to strip these Fresno restaurants of their liquor licenses.”
The firm said it will ask the state Attorney General’s Office to investigate the actions of ABC, Fresno City Council and the Fresno City Attorney’s Office.
Many businesses first closed in March after local and state orders meant to reduce the spread of the COVID-19 pandemic. In June, business closures were ordered again by Newsom.
The city of Fresno does not comment on ongoing or potential litigation, according to spokesperson Mark Standriff.
City officials have said in the past that code enforcement officers only respond to complaints from callers.
Fansler announced on Facebook in July that a city attorney arrived at his restaurant with a “written letter” threatening him with criminal prosecution, fines and loss of business license and conditional use permit for Pismo’s and his Westwoods, both in River Park.
Back then, Fansler and the city butted heads over whether his business, despite its large, open windows, should be considered an outdoor or at least an “open-air” restaurant.
Fansler is also one of more than 1,000 local restaurant owners who received federal Paycheck Protection Program, or PPP, loans. Pismo’s and Westwoods were loaned between $1 million and $2 million each, records show, and Yosemite Ranch got between $350,000 and $1 million.
Fansler also took part in a rally on Monday that encouraged businesses to open by Oct. 1 even if they were not given permission.
This story was originally published September 22, 2020 at 2:22 PM.
