CHAMPAIGN — When it comes to legal battles between Sooie Bros. and the Champaign-Urbana Public Health District, it’s one down, one to go.
The health district has filed a motion to dismiss the restaurant’s suit against it, Environmental Health Director Sarah Michaels, Environmental Health Specialist Rami Wilson, Food Program Coordinator Penny Murphy and Administrator Julie Pryde.
Sooie Bros. co-owner Alven Allison originally filed the lawsuit against the health district and Michaels for $40,000 on Feb. 28, the day after his business received a red placard and an order to close.
He later updated the complaint to include additional health district employees as defendants and is now claiming $3.5 million in damages, stating that the department and its employees “have caused irreparable harm, mental anguish and devastating financial damage to me personally and my business.”
Attorney Ruth Wyman, who is representing the defendants, argued that Allison’s complaint does not follow the standards set by state statutes, which require that all pleadings “shall contain a plain and concise statement of the pleader’s cause of action.”
“The Amended complaint makes a wide range of allegations against each of the defendants that are vague and obtuse and are written without separating the allegations by paragraph in order (that defendants might) answer or respond to each allegation,” Wyman wrote.
She added that Allison also failed to include exhibits to support certain allegations made in his complaint, such as media coverage to back up his claim that Pryde “knowingly, willingly and repeatedly gave false statements to multiple news stations as to why Sooie Bros. BBQ Joint is closed.”
“Julie Pryde presented Sooie Bros. as a health threat to the public, by claiming our food was unsafe and dangerous for consumption,” Allison alleged.
Wyman asked that the court either dismiss Allison’s suit or, alternatively, order him to revise his complaint.
The health district’s motion to dismiss was filed Tuesday, about a week after Champaign County Judge Jason Bohm issued a ruling in a separate case that began with the health district’s request for an injunction.
Per Bohm’s order, the injunction to keep the eatery closed will remain in place until Allison either “comes into compliance with the existing food-service plan dated February 2, 2023,” or submits an amended plan that is approved by the health district.
The health district originally ordered Sooie Bros. to close in late February, citing a lack of refrigeration due to its walk-in cooler not being in operation. Allison and co-owner Isis Griffin have argued that the order is unfair and that their commercial reach-in refrigerator exceeds the necessary requirements for reducing temperatures.
Sooie Bros. initially refused to close but eventually shut its doors March 12 after Bohm granted the health district’s request for an injunction.
Allison told The News-Gazette that the business has submitted a new service plan with the health district and is “just waiting on a response back from them to check us out.”
“We’re just ready to feed our customers again, and they’re ready to eat,” he said.
