CHAMPAIGN, Ill. (WCIA) — One chapter of a legal battle between the Champaign-Urbana Public Health District and a local restaurant has come to a close.

On Tuesday, a judge ordered that Sooie Bros. BBQ Joint must stay closed until they either comply with the food service plan from 2023 and obtain a walk-in freezer, or until they apply and receive approval for an amended food service plan by CUPHD.

This ruling upholds the CUPHD Board of Health’s decision, made April 16, to suspend the restaurant’s food license.

“When Mr. Allison applied for a health permit to operate his restaurant, he bound himself to do two things. First, to comply with the food service plan, which required him to use his walk-in cooler for the cooling of cooked meat. Second, to contact CUPHD for approval before modifying any of his equipment. The record is clear that Mr. Allison did neither,” Judge Bohm wrote.

In February, WCIA reported that Sooie Bros. was cited for lack of essential refrigeration and was told to temporarily close by the CUPHD. But the restaurant refused the order and lodged a complaint to the state and a lawsuit against the county. In March, a Champaign County judge formally barred a local barbeque restaurant from operating with a temporary restraining order.

Bohm acknowledged that FDA regulations do not require a walk-in cooler. But, added that this argument “misses the point.” Sooie Bros. was required to receive approval before changing equipment and could have continued to operate if it had fixed the walk-in cooler or submitted an amended plan.

The food program coordinator for CUPHD also agreed that the food code does not say you must have a walk-in cooler. But, that CUPHD is meant to prevent any chance of foodborne illness in the first place.

“If we’re doing our job, you are probably not hearing about us. We don’t want to be operating just off of people getting sick and coming in [after that] and making changes. Our goal is to prevent that,” Penny Murphy said. “That’s why we have a plan review process, so we review the menu and the equipment and that is all set up ahead of time.”