East Lake Superette

The Texaco Super Deli is a gas station and convenience store at 421 Oporto-Madrid Boulevard North (map) owned and operated by Giau Le.

From 1990 to September 2007 the business was owned and operated by Ty Nguyen.

On August 17, 2007 customer Kathleen Bullard filed assault charges against Nguyen and his son Hieu. She claims he attacked her after she bought a bag of ice, mistakingly claiming that she stole it. He claims that she did steal the ice, and had done so before, and that when he confronted her, she took the first swing. The Nguyens are scheduled to appear at Birmingham Municipal Court on the charge September 25.

The incident was reported to the Birmingham City Council at their August 28 meeting, and a hearing was set for September 11. A boycott and picket line was organized outside the store on August 29 by Gwen Webb. The protests have continued each day. The Modern Market, Jr across the street welcomed the protesters.

At the hearing, the Council voted unanimously to revoke Nguyen's business and liquor licenses. Their determination that the business was a "public nuisance" was based on descriptions of mistreatment of customers by neighborhood residents and officers, by the number of reports of criminal activity at the store (most reported to police by Nguyen), and by a 2001 assault charge to which Nguyen had pleaded guilty. The Council rejected the advice of city attorney Tamara Johnson to wait until the criminal case had been heard before acting. The order to close was served on September 13.

On September 14, Jefferson County Circuit Judge Robert Vance granted a temporary restraining order blocking the city from closing the store. He later upheld the council's action at a September 27 hearing, ruling that their decision was not "arbitrary or capricious". Nguyen closed the store and locked up just after 11:00 AM on September 28. His lawyers plan to appeal Vance's ruling and have filed a motion in Vance's court to allow Nguyen to re-open while the appeal proceeds.

On September 25, the Nguyens pleaded not guilty to the assault charges in Municipal Court, and trial was set for March 3, 2008. The business reopened in October under the ownership of Giau Le. Le's application for an off-premises beer and wine license was tabled by the City Council after residents complained that members of Nguyen's family still worked at the store and that no African Americans had been hired. Le claimed that Nguyen's family was in the store because they still own the building, but not the business or equipment inside the building. Le also attempted to get a liquor license for a package store in a building adjacent to the Texaco, and was denied.

References

• Bryant, Joseph D. (January 23, 2008). "East Lake convenience store stirs more protests." Birmingham News.
• Bryant, Joseph D. (September 14, 2007). "North East Lake store to stay open on appeal." Birmingham News.
• Singleton, William C. (September 13, 2007) "East Lake store closes after city serves order." Birmingham News.
• Singleton, William C. (September 12, 2007) "Council revokes store's licenses." Birmingham News.
• Singleton, William C. (September 11, 2007) "City to weigh license for embattled store." Birmingham News.
• "Residents Speak Out On Behalf Of Texaco Owner." (September 12, 2007) WVTM-TV/MSNBC.
• Singleton, William C. (September 29, 2007) "Judge lifts order, East Lake store closes." Birmingham News.
• Whitmire, Kyle (January 22, 2008) "Council refuses Eastlake Texaco liquor license" Birmingham Weekly mixed media blog.

External link

• East Lake Texaco: Up Close and Personal, interviews with protesters.