The battle of the fragrances has taken a legal turn in Portland, where restaurant owner Eddie Dong, is firing back against the city with a lawsuit. Dong's establishment, the popular Vietnamese eatery Pho Gabo, was shut down this February after falling foul of an odor ordinance that critics have slammed as being too "subjective." KATU reports that Dong's lawyer, Julie Parrish, filed a notice earlier this week signaling their intent to sue over the restaurant closure, which they say has resulted in economic and personal damages due to loss of income.
According to Parrish's filing, accusations against Pho Gabo's aromas began in September last year after an anonymous complaint about the smell of grilled meat. The identity of the complainer remains unknown. KGW notes that the city's response included multiple visits and a $900 fine, leading Dong to conclude that the only recourse was to close his doors after six years in operation.
Dong's lawsuit is gearing up to accuse the city of Portland of civil rights violations. The pungent clash between Pho Gabo and the city regulators began over an innocuous grill and took a turn for the worse with an odor ordinance, leaving a sour taste in the community and a beloved business on the ropes. The tort claim filed on April 9 is set to contend with the city's approach to the olfactory ordeal.
Amidst the legal preparations, the case has simmered in public debate, intensifying scrutiny of Portland's application of such subjective codes. As KPTV reports, Dong alleges that the fine mounted to thousands of dollars before his eventual decision to shut down. The sequence of complaints and subsequent fines exposes a conflict between regulatory frameworks that aim to protect communal standards and individual efforts at pursuit of an honest living.
