Hearing Scheduled on Bid to Block Festival

A Superior Court judge Thursday declined a request from Little Saigon merchants to block a planned Tet festival in the city but agreed to make a final ruling on the matter in a couple of weeks.

The business owners earlier this week had filed a lawsuit, saying that the Feb. 23-25 festival would block customer access to their stores, cause traffic and parking problems and create other financial hardships.

But Judge William F. McDonald did not find reason Thursday to grant a restraining order barring the festival, which the merchants had sought.

McDonald instead said he would hold a final hearing on the case Feb. 21, according to Westminster city officials and attorneys for the business owners.

“We expected this, since restraining orders are difficult to get in this type of situation,” said Van Thai Tran, an attorney representing the group. “But by setting a date for a hearing, it gives us some time to come to the city and negotiate for a compromise. These merchants aren’t opposed to the idea of a Tet festival in the city, but it has to be held at a location where there would be the least economic impact.”

According to city plans, Bolsa Avenue would be closed between Moran and Bushard streets for five days to allow organizers to set up before the event and clean up afterward.

Store owners are also upset that city officials and other sponsors of the celebration did not consult them about plans for the location of the street fair.

“If the city had followed proper procedures [for public hearings], the merchants wouldn’t have had so much hardship,” said Lan Quoc Nguyen, another attorney involved in the lawsuit. “One restaurant owner wouldn’t have booked a wedding party during the festival.”

Westminster officials denied the charge, saying they have posted adequate legal notices each time the issue was to be discussed at meetings.

So far, the City Council has voted to co-sponsor the festival and block Bolsa Avenue, but still must issue permits for the street fair.