Wine Bar COVID Scofflaw Retains Assemblymember as Lawyer

This story was originally published by the Santa Barbara Independent and is reproduced here in partnership with Edhat.


By Tyler Hayden of The Independent

Assemblymember Jordan Cunningham, a practicing attorney who represents northern Santa Barbara County in the California State Assembly, has agreed to represent Kurt Hixenbaugh, the owner of a Orcutt wine bar who is facing four criminal charges for refusing to close his bar during the winter COVID-19 shutdown. 

Like Hixenbaugh, Cunningham (R) has been openly critical of Governor Gavin Newsom’s executive orders related to pandemic closures and protections, calling them “nonsensical” and “a joke.” Cunningham’s office did not respond to requests for comment on Hixenbaugh’s case.

If convicted, 49-year-old Hixenbaugh ― a Santa Maria resident and former police sergeant for the City of San Luis Obispo ― could be ordered to pay up to $4,000 in fines ($1,000 for each misdemeanor count) and be sentenced to jail time. He is the first person in Santa Barbara County to be criminally charged with violating COVID-19 health orders since the start of the pandemic.

Hixenbaugh posted a YouTube on April 6 in which he said retaining the Cunningham Law Group to challenge his charges is “going to be a little spendy.” He asked for donations through a GoFundMe page, which has so far raised less than $9,000 of its $50,000 goal. “Help fight Sacramento and help fight this county,” he says in the video.

In previous YouTube videos, Hixenbaugh likens Sacramento’s coronavirus restrictions to a “book on the neck” that is “killing our businesses.” He falsely claimed, as do the organizers of his GoFundMe page, that there is “zero evidence” open bars and restaurants help spread the virus. Multiple studies have shown that they do. 

Hixenbaugh retired from the San Luis Obispo Police Department in 2018 after 16 years on the force. At the time, he was being paid $140,000 a year and collecting $56,000 in benefits. He now receives an annual pension of $66,000. 

He is scheduled to be arraigned April 29 in Santa Maria Superior Court.

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Written by Tyler Hayden

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22 Comments

  1. I’d wager that the alt-right never stops whining about “losing their freedom” all the while squawking the big lie and urging insurrection. Noisier than a murder of crows but with far less intelligence or sense of loyalty. Perhaps you should celebrate; but individual liberty is something the clowns fail to truly understand.
    Matt Gaetz: champion of that individual liberty know as statutory rape. Thunderpants: champion of defrauding the government. Ted Cruz et al champions of insurrection. They’ve got some serious house cleaning to do and that new party, can’t wait to celebrate.

  2. Agree with you CHIP of Sb – plus need a little more personal responsibility. This lockdown was/is ridiculous. Those afraid or in the redzone of mortality should stay inside (it’s their choice and I fully 100% support them). They should shelter etc. and i would have volunteered to assist people with groceries etc. – whatever they think is good FOR THEM I support – however those not afraid (like me) should be able to get on with it. I certainly have (and besides wearing a mask, social distancing and staying away from my old parents, i’ve not changed a thing and I have been going to work every day this entire time (because I’m essential and because I’m not afraid), going outside, restaurants, brewpubs, walking running cycling, the beach, the trails… I’m in an office with 30 people all who work hard, are essential and complied with the CDC guidelines, with not one transition in our office this whole time.
    I get it – we complied – but the overreach and one size fits all lame government approach is lame. Case in point, now after a whole year of everyone freakishly cleaning and disinfecting everything multiple times a day, the CDC says “oh forget that, low risk and normal daily life cleaning is fine”.
    What a waste of more billions for people and businesses who did all this extra stuff for no reason. Boo
    Why target certain businesses like bars and tattoo parlors/nail salons over other businesses? Why have food required at certain bars etc.? Why not let people be personally responsible. It can be done and I proved it, every day since they tried to shut everything down…..

  3. Eggs, lay off the Kool-Aid. Please re-read at look at the number of flat out lies and propaganda BS you just wrote. Think about who told you all that information, why they told it to you, and where they happened to get that information (or made it up). Who exactly is the alt-right and how did you come to know their thoughts and motivations so well?

  4. RHS: Apples and Oranges, plus you bring up another extreme far-reach “whataboutism” example to the conversation. No one cares except for pearl-clutching finger pointers who gasp at the thought that someone thinks differently than they do. Try to stop making a big deal out of minutiae, and to boot, only from a negative point of view. It’s not complicated. Namaste and peace to all, and I do mean to ALL…even to those who completely disagree with me as you have a right to not be hated, made fun of, and bullied for your beliefs. Inspired by the words of Rodney King, one of the most famous victims of all, let’s all just try to get along.

  5. Hmm..former police officer comfortable with violence…how weird. Shooting people of color who don’t obey a command but think their privilege to do whatever they want during a deadly pandemic means they should face no penalties, and of course, violence should never happen to them personally.

  6. As a constituent of Jordan Cunningham, I believe he should spend more time in Sacramento than he does in his private law business defending scofflaws like this bar guy. Maybe the t-shirt slogan says more about where Cunningham stands than anything else. I don’t think Cunningham likes ‘violence’ like his client, but he does like the money. Cunningham has a terrible legislative attendance record which didn’t get the coverage it merited when he ran for election. Word in Sacramento is he is a bit lazy and doesn’t do much. He finds ‘easy’ issues to attach his name. But if the oil companies need a shill, they come running to him.

  7. Don’t believe your statement at all – what hogwash – “angry at nothing?” you can’t possibly be “happy” w who we have in office, for the dims I know, they dislike Kamala Biden, just slightly less than Trump. Woke up! haha

  8. CHIP – breaking the law which thousands of others of business owners dutifully complied with, is not an exercise of “individual liberty.” Should we just stop obeying laws we don’t like or agree with? I’d like nothing more than to eat a pile of mushrooms and wander around naked, tickling people and drinking whiskey and smoking Cuban cigars, but there are laws……. (goes without saying, I’m being facetious)

  9. LOOK OVER HERE – the CDC never said that. Why would you willfully lie about something we all know is false? Hey, I just was talking to an leprechaun and it told me that dinosaurs and car-sized moths are living and thriving in Santa Ynez valley right outside the Sioux Amusement park that people think is a Chumash Casino.

  10. Authoritarianism and fascism have often been implemented “lawfully” all over the world. Just because it’s the law does not mean it isn’t authoritarianism/fascism. I don’t see any reason George Orwell’s vision of the future in 1984 couldn’t become the law of the land. Political dissidents will become criminals and they will be sent to prison camps for breaking the law. That’s how authoritarianism works. The people who implement it usually think it’s for their safety, for a good cause, and the right thing to do.

  11. Chip thinks that being required to stop at red lights is fascism. The right wing notion of “individual freedom” means being able to carry assault weapons, smoke in people’s faces, be blatantly racist and sexist, overcharge people, cheat on your income taxes, storm the Capitol, etc. all without consequence. It’s the ethics of sociopaths.

  12. Duke, you’ve convinced yourself that it’s all or nothing, black or white, right or wrong when it comes to the response to Covid.
    In fact, everyone responsible for managing this crisis was scrambling, adjusting and learning the ENTIRE TIME. Your saying we (and by that you don’t mean “we”, because you had nothing to do with managing this crisis) did virtually everything wrong is a totally simplistic take on what happened. The people dealing with this crisis followed the science and data that was available to them. Could it have been better managed, sure, could it have been better managed with the benefit of hindsight, obviously, but that’s not how the real world operates.
    The vast majority of people responsible for dealing with this did their best to protect human lives and the economy. Some people believe that there is a vast conspiracy within the government with the help of “insider” scientists to use Covid to somehow “control” the population, presumably for some terrible purpose.
    People that advance that opinion are complete fools. I’m not saying you’re at that level, but you have your toe in their pool.

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