A local poultry slaughterhouse is suing the City of Rosemead in federal court for discriminating against its religious and cultural rights to provide the local community with Buddhist-style chickens.
Chinese American Live (CAL) Poultry Vikon, Inc., filed a lawsuit against Rosemead on Mar. 21, claiming a city ordinance that requires the business to close shop by May 12 violates the plaintiffs’ civil rights to provide freshly killed whole chickens for use in religious ceremonies.
Unlike chicken purchased in a supermarket, the poultry are sold with the head and feet attached in the “Buddhist style,” which, according to the lawsuit, is integral to traditional Buddhist ceremonies because it signifies unity. The fresh poultry processing facility, located at 8932 E. Garvey Ave. in Rosemead, provides farm-fresh poultry to the local community, including brown chicken, free-range Vikon, Pekin duck, and other varieties of poultry.
CAL Poultry was in business before the city imposed a law prohibiting poultry slaughter within the Light Manufacturing and Industrial zone in May 1991. Though the city has allowed the business to operate as a legal non-conforming business since then, Rosemead eventually decided on a timeline to shut down the facility due mostly to increasing complaints of odor by local neighbors.
In its claim against the city, CAL Poultry says the City of Rosemead has “engaged in conscious and intentional discrimination against plaintiffs on the basis of religion” because its zoning ordinance is founded on a “mere negative attitude or fear” and is unrelated to issues of health, safety and public welfare.
The lawsuit contends that the city had flip-flopped in its agreement to work with the fresh poultry provider to allow it to remain in operation. In April 2010, the City of Rosemead approved an amendment to its municipal code that decided once and for all to close CAL Poultry on May 12, 2012.
According to its complaint, CAL Poultry’s fate was decided despite the vocal support of about 200 local residents at a public hearing on Jan. 26, 2010. One such resident was Ken Voong, who said his mother has purchased chicken for over 20 years from Cal Poultry because “it was necessary for the prayers of their ancestors.”
He then questioned council members why it had taken 20 years to address the smell issue. Voong said there was much more at stake than odor, saying, “If this business closes, it would not only affect the employees of Cal Poultry but the community as a whole.”
Although many residents at that meeting discussed the religious and cultural significance of providing fresh, whole chicken to the community, there were still others who continued to make the facility’s odor the central issue. Rosemead resident Phyllis Tury and her neighbors said they had been complaining for more than three years “because [we] couldn’t stand the odor.”
According to the minutes from the Jan. 26, 2010 meeting, the stage already seemed poised for a discrimination lawsuit. Council Member Steven Ly was reported to have been very offended that there were signs in the audience that read “minority hater.” Ly said he was not a minority hater “but an American that was here to defend the residents of Rosemead and the City of Rosemead.”
Dana Phu, who is part owner of CAL Poultry with her husband Quan, told Ly that the signs belonged to members from the community and did not represent her business at the council meeting.
Claiming that CAL Poultry is the “only poultry processing facility in the City of Rosemead and, thus, is the only target of the amendment,” the lawsuit argues that no other reason exists for its closure but to discriminate against the cultural and religious practice of providing Buddhist style chickens to the community, which makes the slaughter of the chickens at the place of sale necessary.
In the meantime, city officials are reviewing the complaint and preparing a response to the civil suit. The suit demands a trial by jury, and the city has 30 days to respond to the lawsuit.
