Fresno City Council member dropped from Pismo’s restaurant lawsuit. There’s more to the story
A Fresno City Council member has been dismissed from a lawsuit filed by Pismo’s Coastal Grill restaurant owner David Fansler over the city’s enforcement of outdoor dining rules during the pandemic.
But Fansler’s attorney Warren Paboojian said council member Miguel Arias shouldn’t get too excited.
That’s because although Arias was dropped from the suit as a named individual, he remains as a member of the City Council. “Oh, he is still in it,” Paboojian said. “What we did was a technical correction to the complaint. He might want to consult with his attorney.“
Paboojian admits Arias should not have been listed as an individual in the lawsuit. Also named in the lawsuit is former Mayor Lee Brand; City Attorney Doug Sloan and City Councilmembers Arias, Esmeralda Soria, Luis Chavez, Nelson Esparza and Paul Caprioglio. Not included are council members Garry Bredefeld and Mike Karbassi.
Arias said technical mistake or not, the lawsuit is pointless. “It was frivolous to name me personally and the whole thing remains frivolous,” Arias said Friday.
Fansler, who also operates Westwoods BBQ & Spice Co. and Yosemite Ranch in Fresno, sued the city in December, after officials said he was in violation of the outdoor dining rule.
At the time, the state was only allowing outdoor dining because of a rising number of COVID-19 cases.
Fansler argued that his restaurants were designed and built to be “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.
Fansler is suing for economic losses. The next scheduled hearing in the case will be Nov. 2 for a case management conference.
This story was originally published May 29, 2021 at 7:00 AM.
