Philly, state liquor law enforcement unfairly targets Asian and Arab American ‘stop-and-go’ owners, lawsuit alleges
The lawsuit asks a federal judge to prohibit the city and state from “continuing their unlawful and discriminatory treatment” of stop-and-gos, and give permanent liquor licenses back to businesses.
Associations representing Arab American- and Asian American-owned businesses are suing Philadelphia and the state over alleged biased and selective enforcement actions against so-called stop-and-go shops, which they say stripped the merchants’ delis and convenience stores of their liquor licenses — and in some cases forced them to shut down.
The lawsuit, filed last week in the Eastern District of Pennsylvania, contends that Arab and Asian American owners of the neighborhood stores that also sell and serve alcohol are being targeted by the state and the city. The complaint also argues that scrutiny of the predominantly Asian and Arab-owned establishments has been so overly broad that businesses who reported a crime at their establishment found themselves punished.
The lawsuit alleges the city and state work “in concert” against stop-and-gos by selectively targeting the businesses for enforcement of state liquor code violations, seeking to strip away liquor licenses, and passing city nuisance ordinances that target the owners.
“[Philadelphia and Pennsylvania] seek to shut down businesses that are overwhelmingly owned by Asian Americans and Arab Americans through the passage of vague ordinances that carry draconian punishments,” the lawsuit says.
The Asian-American Licensed Beverage Association of Philadelphia joined forces with the Arab American Business and Professional Association of the Delaware Valley to bring the federal lawsuit, which in addition to the City of Philadelphia names Pennsylvania, state police, and the Pennsylvania Liquor Control Board.
» READ MORE: Former Philly Council President Darrell L. Clarke is the new chair of the Pennsylvania Liquor Control Board
The lawsuit is asking a federal judge to prohibit the city and state from “continuing their unlawful and discriminatory treatment” of the establishments, and to give permanent liquor licenses back to businesses that were affected. The lawsuit did not specify how many businesses currently operate under a temporary license because of the citations.
“We just feel like we are being treated differently than the rest of the city,” said Bill Chow, president of the Asian-American Licensed Beverage Association of Philadelphia. “We want to be treated equally.”
Philadelphia, the liquor control board, and state police declined to comment.
City and state agencies have been grappling for nearly half a century with stop-and-go establishments, which often have a licenses to sell liquor and food, but rarely have indoor seating or bathrooms as a restaurant would. Community groups and neighbors of stop-and-gos have long viewed the establishments as nuisances that attract noise, public alcohol consumption, and violence.
Last year, Gov. Josh Shapiro created the Pennsylvania Stop-and-Go Legislative Task Force to study the issue. The task force outlined eight recommendations in an October report such as streamlining the citation process, increasing penalties, and hiring more Pennsylvania State Police Bureau of Liquor Control Enforcement agents to enforce existing regulations.
In a statement, Shapiro spokesperson Manuel Bonder said that “the Shapiro Administration is committed to working with the General Assembly and the Pennsylvania Liquor Control Board to ensure Pennsylvania law is applied appropriately and small businesses have the opportunity to succeed in our Commonwealth.”
» READ MORE: A brief history of a long effort to regulate stop-and-go stores
But even the acute focus on stop-and-go establishments is an example to the discriminatory approach to the issues, Chow said, noting that many bars and restaurants can sell a six-pack of beer to go, but they don’t receive the same level of scrutiny.
The difference, according to the lawsuit, is who owns the businesses.
“The overwhelming majority of the impacted businesses are owned by racial minorities, specifically Asian and Arab Americans,” the complaint says.
The lawsuit details the ways that the stores allegedly face biased and selective enforcement, including state police enforcement of Pennsylvania’s liquor code and Philadelphia Police Department enforcement of nuisance ordinances.
For example, the Riley Deli on the 7700 block of Ogontz Avenue received a citation in February after two people were arrested for selling drugs near the store, according to the lawsuit. Officers at the scene allegedly warned a deli manager that if a similar incident happened again, the business could close. The charges against both people arrested were later dismissed, but the citation remained.
Ever since, according to the lawsuit, workers at the deli have been afraid to report suspicious activity in the vicinity of the store.
“What people seem to be wanting to police is crime,” said Kyle Garabedian, an attorney with Kang Haggerty representing the business associations. “But instead of doing that, they are targeting law-abiding businesses.”