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Gil Chesterton, a restaurant critic for the Los Viento Times in Los Viento, N. M., added this item to the end of his weekly restaurant review.
“The county health department has locked the doors at Chopstix City, the perfectly awful Chinese-American eatery in the Periwinkle Mall. Health inspectors found evidence of a variety of vermin in the kitchen. It’s no surprise that rats and cats and roaches and spiders were found running through the bistro. They surely must have been flavoring their mu-shu pork with these spicy tidbits since they opened in May. At least that’s my opinion.”
Chesterton based this item on the following sentence in the health department report: “Inspectors found evidence of rodent hairs and insect parts in the storeroom next to the kitchen.”
The owners of the restaurant sued the newspaper for libel. The trial court made a preliminary ruling that because the restaurant was a small, family-owned business that didn’t advertise it would not be regarded as a public figure for purposes of the law suit.
Will the restaurant win its case?
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