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Vaccine mandates

D.C. Moves To Suspend Burger Joint's Liquor License for Resisting the City's Vaccine Mandate

The Big Board on H Street continues to insist that "all are welcome."

Christian Britschgi | 1.27.2022 3:40 PM

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reason-burger4 | Illustration: Lex Villena; Aquir/Dreamstime.com
(Illustration: Lex Villena; Aquir/Dreamstime.com )

The District of Columbia plans to suspend a burger joint's liquor license because it has been refusing to check its customers' vaccination papers.

In a closed executive session yesterday, the city's Alcohol Beverage Control (ABC) Board voted to refer the restaurant, known as The Big Board, to D.C.'s Office of the Attorney General to draft a summary suspension notice. That's the first step in suspending a liquor license.

BREAKING - The @DCGov_ABRA ABC Board voted to issue a summary suspension to @thebigboarddc.

The DC Office of Attorney General (@AGKarlRacine) still may need to draft & issue a notice, to be signed by the Board chair, and then served on the bar before the suspension is effected.

— Barred in DC (@BarredinDC) January 27, 2022

Under a public health order issued by Mayor Muriel Bowser, patrons of restaurants and bars had to have at least one shot in order to dine inside after January 15. (Come February 15, they'll need to be fully vaccinated.) The Big Board issued a tweet on January 13 that implied it would not be enforcing the order: "As has always been the case for us, everyone is welcome. This rule applies yesterday, today and tomorrow. Hopefully we'll see you January 16th."

In addition to checking for proof of vaccination, businesses must also display signs explaining the new restrictions. The city also requires staff and customers to wear masks.

The Big Board had already received several warnings from the city about its staff not wearing masks, according to D.C.'s Alcohol Beverage Regulation Administration (ABRA).

On January 18, ABRA fined the business $1,000 for having unmasked staffers. It received another $1,000 fine two days later for failing to check customers' vaccination status.

On January 22, the restaurant's case was referred to the ABC Board. According to an ABRA case report, one of the agency's inspectors visited the business at around 9 p.m. that night, where he found a number of violations, including staff not wearing masks and not checking customers' vaccination status.

Both city police and the director of the Mayor's Office of Nightlife and Culture also visited the bar that night and talked with its owner, Eric Flannery. Earlier that day, The Big Board tweeted that nothing had changed and "all are welcome." (I have reached out to both The Big Board and Flannery for comment but have received no reply.)

The restaurant's struggles with the city over its vaccine mandate have earned it a passionate crowd of supporters. The day after it was issued its first fine, Daily Caller reporter Henry Rodgers launched a GoFundMe to support the bar. So far, it has raised $15,000. People have claimed on Twitter that the business has had a rush of supportive customers too, with lines stretching out the door.

I patronized the restaurant myself the weekend that the city's vaccine mandate went into effect. Despite all the controversy, the experience of actually eating there was unremarkable: I walked in, an unmasked waiter directed me to a table, I ordered, I ate, and I left. The only time someone asked me for identification was when I ordered a beer. Similar scenes play out across the vast majority of the country every day, where governments haven't opted to make vaccination a requirement of going out in public.

Many other D.C. businesses are quietly ignoring, or only half-heartedly enforcing, Bowser's vaccine order. (Miraculously, the number of new COVID-19 cases in the city continues to collapse.)

The difference here is that The Big Board drew attention to its noncompliance and is being punished for it.

DCist reports that the city's Attorney General will draft a suspension order for Big Board's liquor license, which will then be signed by the chair of the ABC Board and then served to the business. The Big Board can request a hearing on its suspension, which could happen sometime next week.

Rent Free is a weekly newsletter from Christian Britschgi on urbanism and the fight for less regulation, more housing, more property rights, and more freedom in America's cities.

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NEXT: Whole Foods Fight Over Black Lives Matter Masks Pits National Labor Relations Board Against Free Speech

Christian Britschgi is a reporter at Reason.

Vaccine mandatesD.C.VaccinesRegulation
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  1. Fist of Etiquette   3 years ago

    Well, isn't that what liquor licensing is for?

  2. Diane Reynolds (Paul.)   3 years ago

    Remember when someone suggested that businesses should just operate without licenses to #resist the mandates? Let's see how this works out.

    1. ElvisIsReal   3 years ago

      I bet all the places that closed down around here had done that instead of simply putting "Fuck Inslee" on their billboards as they packed up.

  3. Overt   3 years ago

    This is the unfortunate thing about "principled" people who don't support but won't criticize mandates. They think that getting a jab isn't such a big deal, so why complain? Well this is why you complain. It isn't about the simple jab. It's about conscripting businesses to enforce. It's about putting companies out of business. It's about centralized databases, and mass surveillance dragnets and asking people to narc on their friends and employers. And the raids to stop non-compliance and killing your dog whether you are innocent or not.

    It is always the enforcement, not the little mandate or prohibition, just as with the war on drugs.

    1. VULGAR MADMAN   3 years ago

      They want power for its own sake.

    2. Diane Reynolds (Paul.)   3 years ago

      How hard is it to pin a little piece of cloth to your arm?

    3. Davy C   3 years ago

      And you can also look at it from the other direction - this is a reason to oppose needing a liquor license in the first place. It's sold as a way to control alcohol; it's used to punish businesses.

    4. Tionico   3 years ago

      Yu neglecgted to mentioin that we who REFUSE the pokes have educted ourselves to the very REAL dangers, and are fully aware that there are Federal laws being broken every time someone is coerced into taking the shot, andor denied some service (such as access to this place) for declining to recive those dangerous chemicals into my body. Federal law expressly demands that no one can be conerced or pressured into accepting ANY "medical treatment or proceedure" without being fully informed of the rists, history, effects, function contents, etc of the proceedure (which includes injections of an kind) and MUST provide written consent prior to administration of any such proceeedures, AFTER having been fully infomred.
      Tusrestaurnt staff are being FORCED to violate federal law by pressuring or coercing putative patrons of the burger joint to accept a meical proceedure as a condition of patronising the business. FUrther, those so pressuring or coercing can be held to be "oracticing medicine wihtout a license" in that they are pressuring a patron to acceot a medical proceedure when the individual pressuring (by coercion, denial of access or service, etc) does not have a license to practice medicine.
      I cannot legally suggest to you that you take a tylenol for muscle aches after a long bike ride, nor can I recomend yuo take vitamin C to elp ward off the WooFlew (seience shows it DOES help, but I, with no licsnse to practice medicine, cannot suggest it as that comprises practiicing medicine.

      Were U the owner I'd be preparing a statement that since he is not licensed to practice medicine, he cannot be coerced into unwfully pracitcing medicine by pressuing potential patrons to get the shots, or to prove they alread have got them. Further, since these folks are not my personal medical care providers, they have NO authorit under HIPPA to be asking me about ANY PART of my medical record, which the passport in fact IS.....

  4. Stuck in California   3 years ago

    Doesn't a government agency called "Office of Nightlife and Culture " sound a little Orwellian?

    1. CE   3 years ago

      Sounds like they'd be getting a lot of transfer requests from other agencies.

  5. CE   3 years ago

    So it's the ABC Board vs. The Big Board?
    Are DC voters on board with that crackdown?

    Why doesn't the ABC Board send out its own employees to enforce its edicts? They could wear t-shirts showing how much taxpayer funding the city is spending to help keep the citizens safe. The restaurant employees are already busy preparing and serving food.

  6. Unforgettably Forgettable   3 years ago

    "First they came for the unvaccinated, and I did not speak out—
    Because I was vaccinated..............."

    1. VULGAR MADMAN   3 years ago

      Then they came for those with only 3 boosters.

  7. Unforgettably Forgettable   3 years ago

    But the Science® says.......says.....says.........

  8. TangoDelta   3 years ago

    At least doctors are enforcing the vax mandate. No organ transplants for the unvaxxed. It might seem to some like a good idea but when you consider that virtually all organ donors wind up on immunosuppressants anyway I kinda wonder what the point really is. Especially when you consider one of the first treatments of Covid is to put you on immunosuppressants to stop the cytokine storm that causes the vast majority of the problems.

    1. Salted Nuts   3 years ago

      About control, not actual science.

  9. Unforgettably Forgettable   3 years ago

    Do a BYOB and take a bottle donation. FJB

  10. BlueCollarCritic   3 years ago

    Licensure has been weaponized by the government to control business. The ability to take a license after it's been given has to be put to an ed. We can't allow bureaucrats to weaponize licensing to bully small businesses into compliance. This BS has to End! Make licenses optional. Someone can run a businesses without a license as long as they clearly display to the customer they have no license. That will put an end to these little tyrants ability to bully small businesses via the threat of license revoke.

    #SayNoToLlicensure

    1. jimc5499   3 years ago

      It isn't only businesses. Take a look at what your driver's license can be suspended for in some States. Sometimes there's more reasons for non-driving related things than driving related. A friend of mine works for the State Legislature. He told me that the idea of suspending drivers licenses for not being vaccinated was being kicked around at the Governor level.

  11. n00bdragon   3 years ago

    I'm gonna LOL if they just keep serving booze without a license.

  12. Liberty Lover   3 years ago

    It is called political retaliation. Do what we say or we will destroy you.

  13. damikesc   3 years ago

    Is it time for Congress to, yet again, revisit allowing DC to govern itself and take the reigns back?

    The District has shown it is incapable of competent self-governance.

  14. Salted Nuts   3 years ago

    The tyranny of the sanctimonious left continues unabated...

    "Take this leaky therapeutic that won't stop you from getting sick or spreading disease, or else. Now take it again, and ignore all the warnings about potential harms - we have to stop the spread of a 99.8% nonfatal illness using measures proven not to work, but if we authoritarian hard enough to make everyone comply, it will suddenly all work."

    1. Salted Nuts   3 years ago

      Placing my bet now - Covid jabs have completely tracked to my expectations from the SARS-1 trials, and I am thus expecting the infection rates to shift with Covid accordingly.

      My bet is next couple variants will see increased infections of the jabbed, in numbers and severity. Based on previous trials and data for this one so far, we should be seeing increased ADE rates here as the virus mutates away from the original strain.

  15. Jeff Mason   3 years ago

    Why is it incumbent on the business owner to become the enforcement arm of the city government? He is in the hamburger business, he’s not a public health Nazi. Do we make gas stations check to make sure a car’s emissions equipment is up to date before selling them gas? Do car dealerships have to make sure their customers do speed or run stop signs? What about the power company? Are they held accountable if one of their residential customers is using their electricity to grow weed in his basement? This is just lazy government and a power trip.

  16. jimc5499   3 years ago

    Before gas stations went self-service it was a requirement that the attendant verify that the vehicle had a valid inspection sticker before fueling it. I'm pretty sure that hasn't gone away, it's that there is no way to enforce it.

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    buy PseudoUridine B
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