Pismo’s restaurant owner sues City of Fresno over outdoor dining rules
Fresno restaurateur David Fansler is suing the City of Fresno over what he claims is the selective and punitive enforcement of the outdoor dining rules aimed at stopping the spread of COVID-19.
In the 14-page civil lawsuit, filed Tuesday, Fansler said he has gone above and beyond what most other restaurants do to protect the public from the coronavirus, but the city refuses to accept his outdoor dining concept.
Also named in the lawsuit: Mayor Lee Brand; Doug Sloan, city attorney; and city council members Miguel Arias, Esmeralda Soria, Luis Chavez, Nelson Esparza and Paul Caprioglio. Not included are council members Garry Bredefeld and Mike Karbassi.
Mark Standriff, city spokesman, said Friday that “As a policy, we don’t discuss pending lawsuits.”
Fansler, who employs 350 workers, operates Pismo’s Grill, Westwoods BBQ & Spice Co. and Yosemite Ranch in Fresno.
A major sticking point between the city and Fansler was his interpretation of outdoor dining. In July, when cases of COVID-19 continued to rise in California, Gov. Gavin Newsom ordered restaurants to cease indoor dining, but allow outdoor dining.
Fansler said his restaurants were designed and built to be entirely “patio dining,” with three sides able to be fully open with 5-by-12-foot garage-door style openings in the walls, and superior air circulation systems.
But city inspectors didn’t agree and issued code violation citations for Pismo’s Grill. Fansler alleges in the lawsuit that he tried to explain the concept to the city, but to no avail.
“Defendants refused to even review Plaintiffs’ information, visit Plaintiff restaurants, or otherwise provide any mechanism by which Plaintiffs could establish the open air nature of their dining,” the lawsuit states.
“Instead, Defendants singled Pismo’s restaurant out and issued code violation citations against Pismo’s for its patio dining on July 2nd, 4th, 6th and 8th, and issuing such citations without any evidence that Pismo’s dining constituted ‘indoor’ dining.”
Warren Paboojian, who represents Fansler, said the city acted punitively by also involving the California Alcohol Beverage Control. At stake was the loss of Fansler’s liquor license for three years.
“That would have destroyed three major restaurants in Fresno,” Paboojian said. “Fortunately he has reached a resolution with the ABC, but it has cost him tens of thousands of dollars to defend against it.”
Paboojian accuses the city of discriminating against Fansler by not treating him fairly.
“This has all been punitive,” Paboojian said.
The lawsuit suits seeks compensation for the economic losses Fansler has suffered.
This story was originally published December 18, 2020 at 2:59 PM.
