Boston, Nov. 1, 2024, — A special hearing was held at the former city hall address in Taunton, Massachusetts on Oct. 28 at noon time. This hearing addressed the frequent retaliatory inspections faced by the “Hong Kong City” restaurant within the jurisdiction of the local health department, which was forcibly shut down on July 31 of this year. The hearing involved a presentation of evidence and debates from both sides.
The hearing panel consisted of members of the Taunton Health department Board: Dr. Bryan Bagdasian, Dr. Bruce Bodner, and Dr. Charles Thayer, with Executive Director Danielle Gurgel presiding over the proceedings. Representatives from the Asian American Association, the Massachusetts Restaurant Association, and President of the Massachusetts Asian Restaurant Association, Kwan, Andy as well as President of the Boston Guangzhou Friendship Association, Bai Zhi-Gang, Vice Presidents Zhang Fu-Quan, Li Guo-Quan, Wang Zhong-Li, and other community organization representatives, were present. Also in attendance were the local mayor’s office director, the chief of staff for Massachusetts Senator Marc Pacheco, three city councilors from Taunton, and over a hundred citizens from various ethnic backgrounds.
During the hearing, Executive Director Danielle Gurgel frequently criticized the English proficiency of the restaurant’s Chinese employees and questioned the qualifications of the health consultant hired by the restaurant, Loretta Chin, who was the first female health inspector in Massachusetts since 1979. She attempted to use this as a defense for the illegal fines issued by the health inspectors. Furthermore, during the discussion phase after the hearing, she mocked Loretta’s accent and referred to her as a “Chinese person who can’t speak mandarin, Such behavior raised concerns about racial discrimination and the competence of the local health department.
The hearing began at noon on the 28th. According to the opening remarks by Executive Director Danielle, health inspectors Eileen North, Kevin, Diane Heather, and two others, including a secretary, were all present. Under Danielle Gurgel’s moderation, four health inspectors were scheduled to present for over an hour on the health violations cited against Hong Kong City restaurant. During this time, several inconsistencies and errors were noted. When an inspector mentioned a fine related to finding suspected rodent droppings in the restaurant’s sushi bar corner during the July 31 inspection, Dr. Bryan noted that evidence submitted by Hong Kong City indicated this issue had already been discovered two weeks prior, along with financial documentation showing they had proactively hired a pest control company. When Dr. Bryan asked inspector Kevin if he had actually seen any rats, Kevin was evasive, ultimately admitting that his concerns regarding the rodent issue at Hong Kong City were merely speculative. Additionally, it was observed that when discussing past fines related to food storage temperatures or durations, inspectors frequently used vague terms like “too long” without specifying the exact values required by law.
Following this, the legal representative for Hong Kong City, Attorney Dai Chen Fang -Connie spoke first, indicating she was the legal representative for the restaurant and providing a summary of legal matters to the committee. Next, the food safely consultant hired by Hong Kong City, Loretta Chin, introduced herself, noting that she had served as Massachusetts’ first female foods inspector since 1979 and had years of experience in food safety management training, along with professional knowledge and certification. During this time, the hearing moderator, Danielle, abruptly interrupted her and attempted to question Loretta’s professional qualifications, but ultimately failed. Loretta then reported on the foods safety training she provided for Hong Kong City employees, as well as plans for further training.
When it was Mr. Pan Fei, Philip ,the owner of Hong Kong City, turn to respond, he first stated that as a restaurant owner, he had no reason to neglect food safety in his establishment, as they could not afford the severe consequences of any violations. He expressed, “No one cares more about the food safety management of the restaurant than the owner. Since 1996, I have obtained certifications in Hazard Analysis and Critical Control Points (HACCP), food safety management, food allergy management, choking first aid, and CPR, and I have nearly 30 years of experience in restaurant kitchen management. All my efforts are aimed at ensuring the healthy and normal operation of the business.”
During his defense, Mr. Pan addressed each violation listed in the health department’s inspection report starting from the illegal and intentional closure of Hong Kong City restaurant on July 31. He presented photographs and document evidence to refute the claims, proving that the inspectors’ actions to close the restaurant were against legal regulations. He also pointed out that the health department staff did not follow proper procedures in issuing a formal closure notice, which should have been posted at the restaurant’s entrance according to legal requirements, nor did they inform the restaurant’s owner about their right to appeal and the channels for doing so.
Additionally, Mr. Pan highlighted numerous errors in the health department’s inspection report, including repeated mistakes in the address of Hong Kong City, as well as missing information such as the owner’s name, contact number, business license number, and even the start and end times of the inspection. These inadvertent or perhaps deliberate actions also constituted serious violations of laws and regulations.
During Mr. Pan’s defense, moderator Danielle attempted to interrupt him, but Mr. Pan and the hearing panel members quickly intervened to stop her interference. Meanwhile, reporters noted that during a break in the hearing, Mr. Kwan Yim-Pan Andy the president of the Asian Restaurant Association, and Attorney Dai Chen Fang, Connie the representative lawyer for Hong Kong City, were reprimanded loudly by Danielle when they were exchanging polite greetings with Chairman Bryan, with Danielle threatening Chairman Bryan not to allow Mr. Kwan and Attorney Dai to converse normally.
After the meeting, reporters interviewed Attorney Dai Chenfang, the representative lawyer for Hong Kong City. Attorney Dai stated that according to the law, a restaurant can only be forcibly shut down in cases of “imminent health and sanitation hazards.” However, all the reports presented by the health department merely emphasize inadequate cleanliness of utensils and suspected improper storage of ingredients. Hong Kong City does not believe these reasons are severe enough to warrant a forced closure due to an “imminent health and sanitation hazard.” Instead, they argue that the inspectors, after failing to have the restaurant hire her mother’s cleaning service, have used their inspection authority , encourage whole health department leaded by Director Danielle to carry out frequent inspections on July 31, August 5, August 8, August 29, October 8, and October 15 as acts of retaliation.
After the restaurant was ordered to close, Inspector Eileen refused Hong Kong City’s owner’s request for a re-inspection made on the morning of August 2, telling the owner over the phone, “Having you host me for a re-inspection makes me uncomfortable,” and she denying the request. Hong Kong City believes that this closure decision is a serious violation of state and local laws.
Additionally, regarding the repeated emphasis by Executive Director Danielle and other inspectors during the hearing on the “poor English proficiency” of the restaurant’s Chinese employees, Attorney Dai expressed that while it is understandable that a small city like Taunton, with a population of around 60,000, may not hire staff who speak Chinese, they should consider using temporary interpreters given the known language issues.
As of the time of this report, no results from the hearing had yet been received. For further developments on this matter, please follow our subsequent reports.