Caveat Emptor – Cockroach in the Eggroll

BIRMINGHAM, Ala. (CN) - A Chinese restaurant sued Birmingham, Ala. for revoking its business license, merely because someone "discharge(ed) a firearm" in the restaurant when "a customer complained of finding a cockroach in an eggroll."

Chun Hin Ching was arrested and charged with attempted murder for the fracas at Good Friends Chinese and Seafood, according to the lawsuit in Jefferson County Court.

"No one was injured in the incident," the complaint adds. "At the time of filing this complaint the matter remains pending before the grand jury."

The lawsuit does not identify Chun Hin Ching, nor his relation, if any, to the restaurant and its owner. Chun is not a party to the lawsuit.

Plaintiff King Hung Lee and GFC dba Good Friends Chinese and Seafood sued the City of Birmingham and all the members of its City Council.

The only description of the shooting in the 16-page lawsuit is this: "On or about February 7, 2014, Chun Hin Ching was arrested and charged with attempted murder for allegedly discharging a firearm on the premises of GFC dba Good Friends Chinese and Seafood, as a customer complained of finding a cockroach in an eggroll. No one was injured in the incident."

The City Council voted unanimously on March 18 to revoke Good Friends' business license.

King claims that closing him down will hurt him, his employees, his customers and his reputation, to the benefit of his competitors.

He claims the city has no appeal process, so he was forced to go to court.

He seeks writ of certiorari, or alternatively, writ of mandamus. He claims he was arbitrarily and capriciously deprived of his business license.

He also wants damages for civil rights violations, and an injunction.

He is represented by Carl Chamblee Jr., with Chamblee & Malone.

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