PORTLAND, Oregon — Lawmakers are raising concerns over the closure of a Vietnamese restaurant in Portland, Oregon, following repeated odor code violations, which they argue sets a worrying precedent and may have discriminatory implications.
Five Vietnamese American state representatives — Daniel Nguyen, Hai Pham, Thuy Tran, Hoa Nguyen, and Khanh Pham — have spoken out against the closure, denouncing the city’s odor code as potentially discriminatory and calling for fair and reasonable enforcement. In a joint statement released on March 6, the group emphasized the need to ensure that city regulations do not unfairly target minority-owned businesses.
“We believe that, as currently written and enforced, the city’s odor code is discriminatory and not objective by any known standards, leaving out certain, minority-owned small businesses. We stand ready to work with (Portland Commissioner Carmen Rubio) and ensure that city code is fair and reasonable, so the City of Portland retains the vibrant food culture celebrating our diverse community,” the statement said.
The closure of Pho Gabo, a Vietnamese restaurant in northeast Portland, has sparked outrage among community members and lawmakers alike. Despite efforts by the restaurant owner, Eddie Dong, to address the odor complaints, including implementing various mitigation measures, the restaurant was ultimately forced to shut down its operations on Feb. 3.
According to Dong, the closure has resulted in significant financial losses, with the restaurant losing an estimated $80,000 in revenue per month. Dong expressed frustration over the lack of clarity regarding the conditions for reopening the restaurant, stating, “I emailed the city and asked them what the next steps are. ‘Can I open without getting fined or put in a filtration system?’ I have no info on that, so the restaurant is just shuttered right now. It just sits there closed.”
Rubio has responded to the outcry, ordering a halt to investigations into odor code violations pending a re-evaluation of the policy by city officials. However, concerns persist among lawmakers and community members regarding the potentially discriminatory nature of the odor code and its impact on minority-owned businesses.
Additionally, the Oregon Restaurant & Lodging Association (ORLA) has demanded an immediate review of Portland’s odor code. ORLA President & CEO Jason Brandt criticized the subjective nature of the code, which relies on anonymous complaints and lacks objective standards. Brandt emphasized the need for fair treatment of restaurants and their owners, regardless of their racial or ethnic background.
In light of the closure’s financial toll on Dong and Pho Gabo, a GoFundMe campaign has been launched to support them. The funds raised will help cover various expenses, including replacing inventory, covering current bills, aiding in reopening or relocation efforts, rehiring and training employees, covering legal costs, and other expenses associated with restoring the business to profitability.