Charges dismissed against Orcutt wine bar that refused to close during pandemic

SANTA MARIA, Calif. - Misdemeanor charges that were filed against an Orcutt bar owner for refusing to shut down during the coronavirus pandemic in defiance of public health orders have been dismissed.

Kurt Hixenbaugh, co-owner of Vino et Amicis, face multiple misdemeanor charges for defying the public health orders. In early December, Hixenbaugh said the bar would not close after Gov. Gavin Newsom ordered many businesses, including wineries, breweries and bars to close their doors.

Hixenbaugh made his first court appearance in late April. He was charged with two misdemeanor counts for violating the stay-at-home order and two misdemeanor counts for failing to file a public health order.

Hixenbaugh's case garnered large public interest with mixed reaction from the community. The bar owner said most of the feedback he had received had been positive.

In April, the Cunningham Law Group announced it would be representing Hixenbaugh in court. The law firm is headed by Jordan Cunningham, a Republican in the California Assembly. Cunningham had himself been critical at times of the governor's orders for businesses to close up shop.

On Tuesday, the District Attorney's Office announced that the misdemeanor charges filed against Hixenbaugh had been dropped. The DA's office said the decision to drop charges was made in part because Hixenbaugh had been following local orders since his first court appearance.

Cunningham released the following statement to our newsroom:

“My client is grateful that justice prevailed.  Obviously, we do not think the case should have been filed by the state in the first place — but we are glad that cooler heads prevailed and the District Attorney’s office has dismissed the matter.  Mr. Hixenbaugh and his wife look forward to continuing to safely serve their customers at Vino et Amicis.”

Jordan Cunningham, Cunningham Law Group