The animal rights organization People for the Ethical Treatment of Animals filed a lawsuit against Hot’s Kitchen of Hermosa Beach for allegedly selling foie gras, which was banned for sale in the state of California this summer.
“This restaurant is trying to find a loophole in the law so they can continue to serve this very cruel and illegal dish,” said Virginia Fort, a senior campaigner for PETA. Fort and other protesters gathered outside of the restaurant last week holding posters depicting geese being force-fed by metal tubes and handing out fliers to patrons and passersbys.
“We’re going to keep coming out here until they stop serving it,” Fort said.
Sean Chaney, executive chef and owner of Hot’s Kitchen, believes he is not breaking the law because he is not charging for the product.
“The lawsuit is just a publicity stunt, which PETA is known for. What are they suing me for? [The law] forbids selling [the foie] and I’m giving it away,” Chaney said.
The law, passed in 2004 but not enacted until July 1, prohibits the production and sale of products resulting from force-feeding a bird to enlarge its liver, the traditional method for creating foie gras. The dish in question at Hot’s is “THE Burger” which is being served with “a complimentary side of foie gras,” according to the menu.
After a failed attempt to have the Hermosa Beach Police take action against the restaurant, PETA went a step further. On the morning of November 28, Matthew Strugar, lawyer for the PETA Foundation, filed suit in The Los Angeles Superior Court against Hot’s Restaurant Group, Inc. for injunctive relief.
According to the law, the restaurant could face state fines up to $1,000 for each violation and $1,000 for each day that the violation continues. PETA is also seeking legal fees in the suit, according to a leaked copy of their filing.
Chaney maintains that there are humane ways to create foie gras and that there are far too many other problems facing the state to use legislative and legal resources in this way.
This is not the first stand Chaney has taken against the foie gras legislation. Last summer he joined forces with a Canadian non-Profit and Hudson Valley Foie Gras, the country’s biggest foie gras factory, to file suit against the State of California over the law, claiming vague language and profit losses. The U.S. District Court for the Central District of California denied granting preliminary injunction.
Foie gras has been the center of much controversy in the culinary and animal rights world in recent years. In 2006, the city of Chicago passed a ban on foie gras, angering many of its famed chefs and restaurateurs. The law was overturned within two years. If PETA’s case against Hot’s Kitchen proceeds, it may help decide the fate of the California’s law and how it is enforced.
