The Mercury News

In-N-Out is wrong about mandates

- Jonathan Lansner is the business columnist for the Southern California News Group. He can be reached at jlansner@scng.com.

Vaccine-related temper tantrums like the recent one from In-N-Out serve nobody well.

Why can’t this high-profile burger chain — and others in leisure and hospitalit­y businesses — see that in order to put the pandemic in the past, efforts to throttle it should be embraced? The latest business clapback involves Bay Area regulation­s mandating restaurant and bar staff check indoor customers’ vaccinatio­n status.

After In-N-Out got slapped with health citations and dining-room closures from local officials for ignoring those rules, it issued a loud critique of renewed efforts to maintain the state’s pandemic containmen­t. That containmen­t, I should add, is among the nation’s best.

“We refuse to become the vaccinatio­n police for any government,” said an In-N-Out statement attributed to its top in-house attorney, Arnie Wensinger. “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.”

Let me politely call those comments “misguided,” while noting that restaurant­s already must follow numerous health laws designed to keep customers and employees safe.

Now, I fully understand the frustratio­ns of consumer-facing businesses trying to return to some level of normal. Their profits are hinged on servicing people indoors, which is hard to do when the enemy is a highly contagious disease.

Ponder the wallop the “fun” businesses have suffered. Statewide, jobs at leisure and hospitalit­y industries are only at 82% of pre-pandemic levels versus 96% for all other employers.

But the industry’s blame game — singling out government health efforts — ignores the reality that plenty of customers remain cautious about being in public, even fully vaccinated and masked. Worse, such screeds against virus containmen­t efforts won’t build customer confidence among coronaviru­s-phobic types.

As service businesses struggle to stay staffed and pay premium wages to workers, disregardi­ng public health policies won’t entice more folks to reply to the “help wanted” signs.

No lone voice

To be fair, In-N-Out’s challenge to authority is by no means unique.

Let’s ignore the mom-andpop owners of small eateries and bars that gain a mo

ment or two of notoriety by holding various “protests” against health mandates. These are mostly publicity stunts.

I remain annoyed at the ill-timed efforts by the theme park industry, which in the fall of 2020 tried to open their gates earlier than the state’s timeline.

Industry trade groups and its biggest player, Walt Disney Co., waged a media war against the governor’s assertion that congregati­ng huge crowds was a bad idea in the days before vaccines were available.

“It seems to me that the guidelines that are set up by the state of California are more stringent than any state across the country,” Disney CEO Bob Chapek said in November 2020. “If you look at the history of Disney and what we’ve been able to do during the reopening — rather than arbitrary standards set up without regard to actual fact — and what we’ve been able to do as a company, I think you’d come to a different decision about reopening Disneyland.”

Imagine the bigger health disaster had the industry’s push early last fall — as virus cases and deaths were dropping — had resulted in looser restrictio­ns.

The holiday season brought a horrific spike in the pandemic. Deaths spiked tenfold from Halloween to New Year’s. It’s hard to fathom how much worse it would have been with crowds in and around amusement parks potentiall­y spreading the killer virus even further.

No thanks

I wish the industries instead had kept their energy focused on reinventin­g business in a pandemic.

We’ve seen some noteworthy ingenuity creating new twists to service that will be part of our “fun” culture well after the pandemic’s been knocked down. Bravo to touchless transactio­ns, more outdoor dining options and reinvigora­ted takeout and delivery. The experience of visiting arenas, theaters and theme parks is also more predictabl­e, thanks to pandemic innovation.

Yet this protest from In-N-Out leaders feels like the company is biting the hand that feeds it as they act as proponents of prevention. It only fuels those who mistakenly dismiss the coronaviru­s risks. This group is far more dangerous to leisure and hospitalit­y’s economic future than some overzealou­s bureaucrat­s.

COVID-19 thrashed California workers who provide entertainm­ent, food and a good night’s sleep. These “fun” businesses — one-tenth of all California workers — account for one-third of nearly 1 million jobs still lost in the pandemic era.

But I’ll note the state has an enviable track record battling the virus on a per capita basis with the 11th fewest cases among the states and 15th lowest death rate.

Those health trends boosted the bottom lines at many businesses compared with what could have been a worst-case scenario. (Think Florida or Texas.)

I wouldn’t expect a public expression of thanks, but silence would be golden.

 ?? ??
 ?? JEFF CHIU — THE ASSOCIATED PRESS FILE ?? Indoor dining at In-N-Out’s restaurant at Fisherman’s Wharf in San Francisco was shut down this month by health authoritie­s for not demanding proof of vaccinatio­n.
JEFF CHIU — THE ASSOCIATED PRESS FILE Indoor dining at In-N-Out’s restaurant at Fisherman’s Wharf in San Francisco was shut down this month by health authoritie­s for not demanding proof of vaccinatio­n.
 ?? KIN CHEUNG — THE ASSOCIATED PRESS FILE ?? “It seems to me that the [COVID-19] guidelines that are set up by the state of California are more stringent than any state across the country,” Disney CEO Bob Chapek said in November 2020.
KIN CHEUNG — THE ASSOCIATED PRESS FILE “It seems to me that the [COVID-19] guidelines that are set up by the state of California are more stringent than any state across the country,” Disney CEO Bob Chapek said in November 2020.

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