Community Rallies Against Ordinance They Say Targets Chinese Takeout Restaurants
PHILADELPHIA (CBS) – More than 100 Asian-American business owners showed up at City Hall Thursday to support Councilman David Oh as he vowed to fight against what some believe is racial discrimination.
"We know that. I'm not guessing," Oh said. "It is racial. That is what I believe."
The "11 p.m. ordinance" was created in 2005, aimed at protecting residential blocks from 'nuisance' activity spurred by late-night businesses. It requires businesses on blocks that are at least 80% residential to close at 11 p.m.
Oh says while well-meaning, the law's enforcement has been grossly unfair.
"In 2015, 96% of the violations were only issued to Chinese takeout restaurants. Now the Chinese population is only like 1% in the city," he said.
Jingchung Zheng owned Ming Moon Takeout in Kensington for nearly ten years. He says he racked up more than 300 citations for staying open past 11 p.m.
Philly Councilman Working To Revamp Ordinance Allegedly Targeting Chinese Restaurants
Eventually, he said through a translator, they took their toll - not just financially, but emotionally as well.
"He worried all the time, 24 hours a day. It was like a nightmare; it was like hell to him. That's why he sold the restaurant."
But the shop's new owner, Renfa Ou told us he hasn't been able to escape the tickets either.
He showed Eyewitness News a pile of tickets that he's received.
"We were shocked," he said through a translator. "It's racism. Discrimination. Because the pizza shop right, they can allow open past 11. We just want to make a living in Philadelphia and it's hard. Like I said, it's discrimination."
The impact, the councilman says, can be debilitating.
"They work 16 hours a day, 7 days a week," Oh said. "These fines are not only illegal, they're crippling their businesses."
Eyewitness News obtained a letter the Asian American Legal and Education Fund just sent to the City Solicitor, demanding that the city immediately cease and desist selective enforcement. It reads in part, "This is not a coincidence. It is illegal discrimination."
Philadelphia Police have temporarily suspended enforcement of the ordinance.
City spokesperson Lauren Hitt says they are reviewing the matter.
"PPD is not currently enforcing the law they're referring to (and has not been since May), and a thorough review of the matter is underway. The Administration has convened a working group with all stakeholders, including the Managing Director's Office, Licenses and Inspections and City Council. While L&I does not have inspectors out at 11PM at night, we are looking at other solutions."
