ABC27 WHTM Pa. health secretary slapped with suit over diner dispute

Pa. health secretary slapped with suit over diner dispute

A Harrisburg restaurant owner has followed through with his threat to file a lawsuit against Pennsylvania Health Secretary Dr. Eli Avila.

The lawsuit filed Wednesday by Richard Hanna, owner of Roxy's Cafe on N. 3rd Street, accuses Avila of slander.

According to Hanna, the dispute began last January when a man came in and asked for an egg sandwich and said he was in a hurry. Hanna said he had eggs for himself on the grill and went to serve them for the customer.

The customer demanded fresh eggs and after a heated exchange said, "We'll see about that. I'm the Secretary of Health," according to Hanna.

Avila later said in a statement that he called city health inspectors and accused Roxy's of unsanitary cooking conditions. A city inspector found only a few minor issues

Hanna also claims that Avila told others to avoid his restaurant.

The tension escalated in November when the Philadelphia Inquirer newspaper obtained an email from Avila to the Department of General Services secretary that showed he tried to block Roxy's from winning the contract to take over food service at the Capitol cafeteria.

"It is my professional opinion that they should not have any nexus to food services with the Capitol," Avila wrote in the email. "I will elaborate if you want to talk to me about the matter."

Roxy's didn't get the contract.

Officials would not comment on the email, but the Department of Health did issue the following statement on the lawsuit:

"While we have not yet received an official lawsuit, if in fact Richard Hanna does file it or has filed it, we believe the lawsuit is frivolous and will defend it vigorously. While the owner of Roxy's is worried about scrambled eggs, the Secretary of Health is busy protecting the health of Pennsylvanians. This is nothing more than a publicity stunt."