CHAMPAIGN — In late February, a health inspection led to a heated disagreement between the Champaign-Urbana Public Health District and a local restaurant.
Nearly a year later, little has changed. Sooie Bros. Bar-B-Que Joint, 103 W. Kirby Ave., has been closed since March and is still seeking redress in court, claiming mistreatment by the health district.
A status hearing was held Monday for owner Alven Allison’s lawsuit against local health officials.
The health district’s attorney, Ruth Wyman, said the judge granted Allison 28 days to respond to her client’s motion to dismiss, and gave the health district 14 days to reply to that response. She added that a hearing on the motion to dismiss is set for Feb. 11.
Allison declined to comment.
The health district originally ordered Sooie Bros. to close in late February, citing a lack of refrigeration due to the restaurant’s walk-in cooler not being in operation.
Allison and co-owner Isis Griffin argued that the order was unfair and that their commercial reach-in refrigerator exceeded the necessary requirements for reducing temperatures.
Sooie Bros. initially refused to close but eventually shut its doors March 12 after Champaign County Judge Jason Bohm granted the health district’s request for an injunction.
Bohm ruled in late April that the injunction to close the restaurant will remain in effect until Allison either “comes into compliance with the existing food-service plan dated Feb. 2, 2023,” or submits an amended plan that is approved by the health district.
However, another court case related to Allison’s dispute with the health district is still ongoing.
Allison initially filed suit against the health district and Environmental Health Director Sarah Michaels on Feb. 28, the day after his business received a red placard and an order to close.
He has since amended the complaint and is also suing environmental health specialist Rami Wilson, food program coordinator Penny Murphy and health district Administrator Julie Pryde.
Per a June 30 filing, Allison seeks:
- Damages of over $100,000 as compensation for “lost leases, contracts, business income and future opportunities.”
- Damages for “emotional distress and reputational harm.”
- Punitive damages for “willful and malicious conduct.”
- Injunctive relief compelling the health district “to comply with existing court orders and permit Sooie Bros BBQ Joint to reopen under its original plan.”
Allison, who is representing himself, also seeks “reasonable attorneys’ fees and costs.”
In the motion to dismiss, Wyman argued that Allison’s complaint lacks “specific allegations” to support his claims. She requested that the counts listed in the complaint be dismissed or re-pleaded so that they are “more definite and certain.”
