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More Orange County restaurants decide to stay open, declaring their views on Instagram - OCRegister

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More Orange County restaurant owners were joining the ranks of a mini-movement to defy the state’s latest stay-at-home order, adding their names to a list of bars and eateries on Instagram that had grown to 63 by Saturday, Dec. 12.

The list, under the hashtag #OpenSafe, ranged from fine dining establishments to mom-and-pop diners that pledged to follow safety guidelines set by the state but which are banding together in their views and staying open.

Some restaurateurs are calling it a protest but others, such as Ed Patrick, owner of Gabbi’s Mexican Kitchen in Orange and Chaak Kitchen in Tustin, say they’re just doing what they need to do to survive. “We’re just getting by and people are supporting us, which is nice,” he said.

A much-lauded fine dining establishment which has been dubbed a “discoveries” restaurant by Michelin in 2020, Chaak has a retractable roof and outdoor patio, and Patrick is welcoming diners in both spaces. His reasoning, like many taking this stand, is largely employee driven.

“Between both restaurants, there are 98 employees, and what? I’m going to put them out of a job right before Christmas?” he said. “From what I understand, L.A. is going to end their suspension on the 20th. I think L.A. is going to open back up for outdoor dining. And when that happens, everybody’s back to the same thing that was going on before.”

  • Chaak Kitchen in Tustin on Saturday, December 12, 2020 is one of several Orange County restaurants openly defying the shutdown. The inside area has large ceiling vents that help circulate the air. (Photo by Mindy Schauer, Orange County Register/SCNG)

  • Andrew Greer enjoys a cold beer with his wife (who didn’t want to be named) on the patio at Chaak Kitchen in Tustin on Saturday, December 12, 2020 . The restaurant is one of several in Orange County that is openly defying the governor’s shutdown orders. (Photo by Mindy Schauer, Orange County Register/SCNG)

  • Chaak Kitchen in Tustin on Saturday, December 12, 2020 is one of several Orange County restaurants openly defying the shutdown. Theres a patio area and an inside area with large ceiling vents that help circulate the air. (Photo by Mindy Schauer, Orange County Register/SCNG)

JC Clow, a founder of The Winery restaurants in Tustin, Newport Beach and San Diego, agrees that L.A. will open up soon and so will the rest of the state.

“I think in the very near future, you’re going to see the California Restaurant Association be victorious in their lawsuit against Sacramento. And you are going to see a return to outdoor dining, depending on the schedule of the courts, possibly before the end of the month,” he said. The association filed suit in Los Angeles County Superior Court, seeking to block the outdoor dining ban until county health officials provide more evidence about the COVID risks.

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Clow does not consider remaining open a protest and was quick to point out that he has not made comments on social media calling attention to his decision.

The Winery was not on the Instagram list of restaurants, which was placed next to the posting of a protest letter penned by Jeff Chon, CEO and founder of Oak & Coal in Costa Mesa and five locations of Tabu Shabu in Southern California. Chon posted a video on the subject that now has more than 40,000 views and shared his letter with colleagues in the industry who agreed and have reposted it.

Chon makes it clear that he is not political and he’s not anti-mask. The letter titled “Declaration of Safe Responsible Service Non-Partisan Coalition of Small Business Owners,” says, “We, as responsible small business owners and operators, do hereby declare our intention to protest the current state stay home order.”

Diego Velasco, executive chef and founder of Memphis Cafe in Costa Mesa, said he had planned to join the protest, but he quickly reversed his decision when code enforcement showed up twice to his place of business.

“It was a really difficult decision when we decided to band with the restaurants and Open Safe, and hopefully have some wolf pack mentality,” he said. “Code enforcement was at our door and we weren’t even open, we heard from a neighboring restaurateur. The next morning, code enforcement was at our door again before we were even open for lunch. … So, we reversed our stance. We had this imminent threat of being targeted. And I don’t know why.” he said, pointing to some restaurants that have been continuing to operate on-premises dining with seemingly no sanctions.

Many restaurateurs are concerned about losing revenue during the holidays, a particularly busy time of year that is typically followed by a fallow period. Clow said he has spent tens of thousands of dollars on safety and outdoor dining equipment. His decision is a level-headed look at the numbers, he said.

“Not only did we adhere to the county guidelines, the state and CDC guidelines, we went above and beyond,” he said. “A lot of businesses are hanging on by threads. And not to have that income for December? It’s just a killer.”

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