Residents drop suit against eatery, leave option open

The residents who sued Turkey Leg Hut dropped their lawsuit Monday but kept open the option to resume litigation if the Third Ward restaurant’s alleged public health issues continue, an attorney for the residents said.

In a lawsuit filed last month, six nearby residents accused Turkey Leg Hut of operating an “unpermitted,

illegal and unregulated business” that emitted noxious smoke from its outdoor barbecue pit area.

The plaintiffs filed a motion asking the judge to dismiss the litigation without prejudice, meaning they voluntarily dropped the charges but reserve the right to re-file later. The residents may resume the legal challenge if “public health, nuisance and regulatory issues persist,” said the residents’ attorney, Cris Feldman.

Turkey Leg Hut’s owners, Lynn and Nakia Price, and their allies have argued that the lawsuit was motivated by a desire to “eliminate a popular and busy restaurant” from the neighborhood, not by the plaintiffs’ stated public health concerns, pointing to an email sent to the plaintiffs by another resident stating the “ultimate goal of this litigation is obviously for the TLH to be somewhere else and not on our corner, but that cannot be the stated goal.”

In a statement, Turkey Leg Hut viewed the news as justification of their argument.

“From the moment we were engaged, we suspected this was not about smoke but rather about forcing the Turkey Leg Hut out of its location,” said Jane Robinson, an attorney with the Turkey Leg Hut’s legal team from AZA Law Firm.

“We were not about to let that happen. We are pleased that these neighbors have elected to drop the suit quickly and proud to have had the opportunity to fight for Turkey Leg Hut.”

Feldman, however, reiterated that the residents brought the lawsuit over “public health, nuisance and regulatory issues,” referring to a “manufactured ‘anti-gentrification’ campaign.”

“For more than a year,

Third Ward residents near the Turkey Leg Hut strived to work with its owners only to be threatened legally and attacked on social media and elsewhere,” Feldman said. “The neighbors hope the suspension of the litigation causes the Prices to make the most of this opportunity to comply with local laws and city health department regulations like other restaurateurs.”