Warren Butler is an eccentric fellow with a big personality, the gift of gab and an array of marquee restaurants under his management belt.
One of his latest management jobs is at Santa Barbara’s Chase restaurant, where the host holds court several nights a week to a stream of guests and passers-by looking for a steak or pasta meal. The restaurant boasts one of the city’s largest outdoor patios and is a notable presence on the 1100 block of State Street.
However, Butler has found himself at the center of a different kind of attention, and one far less glamorous. He and the owner of Chase are facing 11 misdemeanor counts of violating the city’s emergency outdoor dining order.
The city alleges that Chase allowed umbrellas, seating, lighting, heaters and other materials to encroach upon the sidewalk over 11 days. Butler said he is outraged that the city would target a business for prosecution at a time when restaurants are still recovering from the impacts of COVID-19. He said the sidewalk in front of Chase has at least 8 feet, plenty of passageway to comply with the Americans with Disabilities Act.
“It’s crazy,” Butler said. “It doesn’t make any sense.”
The city has filed a similar action against Mizza Pizza, but the ownership declined to comment on the legal situation.
Butler said the issue is a matter of principle.
“We know we are right,” Butler said. “We know we are on the right side.”
Denny Wei, an assistant prosecutor in the City Attorney’s Office, told Noozhawk that he could not discuss the specifics of the case beyond the court filing. The next court hearing is scheduled for Thursday. Chase owner Jackie Mathis also is named in the case. Each violation is a misdemeanor and carries a maximum fine of $1,000 and/or six months in jail.
“The city goes out of the way to make sure that people comply voluntarily,” Wei said. “We only file action because people aren’t complying.”
More than a year ago, shortly after the COVID-19 pandemic began, the state allowed restaurants to serve guests outdoors. Many restaurants quickly added outdoor dining, from tables on the sidewalk to elaborate structures on the street.
The Santa Barbara City Council in July, however, directed staff to remove sidewalk dining tables and chairs that had not been permitted by the city before the COVID-19 pandemic. The goal was to make it safer for people with disabilities and others to use the sidewalks.
With outdoor dining, State Street quickly transformed into a vibrant, active hub of people, a year after the city opted to close seven blocks of State Street to vehicles. Many restaurants invested tens of thousands of dollars into outdoor dining structures to serve people outdoors. The side streets built parklets to serve people. Some restaurants placed chairs and tables on sidewalks in the public right of way without getting permission from the city.
Butler carries a June 3 letter from Gov. Gavin Newsom in a pocket inside his jacket that he believes vindicates him: One of the bullet points states that local governments are uniquely positioned to help with recovery by: “Exercising discretion in working with restaurant owners who may be operating in spaces that are not consistent with local zoning ordinances.”
Santa Barbara City Councilwoman Meagan Harmon, whose district includes downtown, said she had heard about the controversy.
“While I can’t comment specifically on those proceedings, I will say that I have pushed hard for the city to give businesses the flexibility they need to create outside dining and parklets, both of which I strongly support continuing, especially as we decide how to make the State Street Promenade permanent,” Harmon said. “However, those critical accommodations for businesses cannot compromise or infringe of the constitutional rights of those with disabilities.”
Butler is no stranger to the limelight or controversies. He started his own restaurant at age 22 and has managed eateries such as Wolfgang Puck, Bubba Gump Shrimp Co. and Morton’s The Steakhouse.
He used to own the Stateside Cafe in Santa Barbara and the Marmalade Cafe at La Cumbre Plaza. He also owns the Butler Event Center. A couple of years ago, Butler and other investors purchased High Sierra Grill near the Santa Barbara Airport. He intended to rename the restaurant Flightline with an airport theme, but the city wouldn’t let High Sierra transfer the lease to Butler.
“Why give in to something that doesn’t make sense?” Butler said. “We’ve been doing this for more than a year. It’s good for business, it’s good for the community, it’s good for the revenue. What’s the negative?”
Butler said it’s unsafe to force people inside. He doesn’t want people getting COVID-19 by eating inside when they could be safer outside. He said he’s not going along with an order that he doesn’t agree with.
“Do I look like a sheep?” Butler said. “I am not a sheep.”
— Noozhawk staff writer Joshua Molina can be reached at jmolina@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk, @NoozhawkNews and @NoozhawkBiz. Connect with Noozhawk on Facebook.