Philly Pizza & Grill is continuing to operate despite a notice to vacate the premises issued by the District’s Department of Consumer and Regulatory Affairs on February 19. In the notice, the DCRA said that if the restaurant did not immediately cease operations, it would request that the D.C. Attorney General’s office seek emergency injunction relief on or after February 22.
The notice was issued three days after the District Board of Zoning and Adjustment upheld the DCRA’s decision to revoke the restaurant’s certificate of occupancy, because it was operating as a fast-food establishment but was not zoned as such.
The deadline passed, but Philly Pizza is continuing to serve customers daily until midnight.
Philly Pizza owner Matt Kocak said that he does expect the Attorney General’s office to follow through on the injunction, but doesn’t know when.
“Philly Pizza didn’t deserve to be shut,” Kocak said. “We were following the definition of a restaurant.”
Advisory Neighborhood Councilmember Aaron Golds (COL ’11) said that he expects DCRA to try to obtain a temporary restraining order from the D.C. Superior Court, although he noted that the ANC does not have any say in the matter.
A temporary restraining order would grant authority to the Metropolitan Police Department to shutter the restaurant for good. Golds said that a hearing about the restraining order is set for March 5 in the D.C. Superior Court.
