CHAMPAIGN -- The Champaign-Urbana Public Health District is seeking a temporary restraining order and injunction against a barbecue restaurant that refused to close after receiving a red placard last week.
If the court approves C-UPHD's request, Sooie Bros. Bar-B-Que Joint would be required to stop operating until the health district finds it to be "in compliance with C-UPHD standards and regulations."
"The Defendant's continued operation without correcting the underlying deficiency (of inadequate refrigeration) places every customer who is served while the Defendant's business is not in compliance at risk of illness and physical harm," the district argued in its motion.
"We do not have a date yet for a hearing on these matters," said Champaign County State's Attorney Julia Rietz, whose office is representing C-UPHD in this case. "We likely will get a court date next week."
C-UPHD's complaint and motion, which were filed on Friday, are the latest development in a feud between the restaurant and the health district.
A week prior, the restaurant and co-owner Alven Allison filed a complaint suing C-UPHD and Director of Environmental Health Sarah Michaels for $40,000, claiming that the agency has created unfair obstacles to his various business endeavors.
Among his grievances, Allison cited the district's recent order to close the barbecue restaurant following a Feb. 27 inspection. The order cited lack of refrigeration due to the walk-in cooler not being in operation.
The restaurant has refused to close, with Allison and co-owner Isis Griffin claiming that the order is unfair and that their rapid-cooling refrigerator exceeds the necessary requirements in terms of how quickly it reduces temperatures. They have also filed a complaint against C-UPHD with the Illinois Department of Public Health.
The health department's suit, on the other hand, states that, as part of its food service plan, Sooie Bros. was required to use a walk-in cooler, "given the type and quantity of food (meat) being used by the Defendant's business."
Additionally, any additions or modifications to the previously-approved restaurant equipment would require review and approval by C-UPHD.
The complaint also details a conversation that allegedly occurred between Allison and C-UPHD staff during last week's inspection.
"The C-UPHD Inspector clarified that a Walk-in cooler was necessary for the business plan approved by C-UPHD, and that given the food equipment safety standards cannot be replaced with a Reach-in fridge, as they are not designed for cooling cooked and prepared foods rapidly enough and cannot maintain as consistent temperatures as a Walk-in during operation," the district wrote.
"Defendant insisted that the Reach-in refrigerator was sufficient to the needs of their business, despite repeated attempts to explain that such equipment is not sufficient for cooling purposes."