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46 Seton Hall L. Rev. 189 (2015-2016)
Sriracha Shutdown: Hot Sauce Lessons on Local Privilege and Race

handle is hein.journals/shlr46 and id is 195 raw text is: 








     Sriracha   Shutdown: Hot Sauce Lessons on Local
                       Privilege   and   Race

                       Ernesto Hernandez-L6pez*

                              ABSTRACT
     In 2013, Huy Fong Foods, maker of the trendy hot sauce sriracha, fought
in court to stay open. The Los Angeles suburb of Irwindale tried to enjoin all
sauce  production, arguing that offensive chili odors created a public
nuisance. This was an unexpected development because Huy Fong was recently
invited to relocate to Irwindale and air quality regulators found no problems.
Sauce lovers and the media closely watched this spicy legal drama, dubbed the
sriracha-apocalypse. Originally created for Vietnamese ph * soup, sriracha is
extremely popular worldwide.
     This  conflict points to a suburban racialized exclusion, sourced in
municipal legal powers. With a population that is over ninety percent Latino,
Irwindale was incorporated to capitalize on racial divisions. Mining companies
sought these divisions in order to benefit from low taxes. Incorporation created
a legal privilege in municipal powers to exclude outsiders. Irwindale's public
nuisance lawsuit to shutdown sriracha exemplifies such a tactic. Eyeing this
food conflict, this Article uses critical approaches to race and geography to
illustrate the influence local government law has on race relations in the
suburban  United States. This Article also illustrates how municipal legal
powers result in racialized exclusion, despite race neutral legal positions and a
lack of racist animus.

INTRODUCTION          .................................... ........ 190
I. SRIRACHA BECOMES A LOCALLY-SOURCED AND GLOBALLY-
      ADMIRED   HOT  SAUCE         ...................... ......... 201
      A.   Sriracha's Local to Global Growth ....      .......... 201
      B.   Sriracha Moves to Irwindale................... 205
II. LOCAL  NUISANCE  BOILS  INTO THE  SRIRACHA-APOCALYPSE AND
       THE WORLD   WATCHES........................ 208
       A.  Sriracha Smells in a Small City ........    .......... 208
       B.  Protecting Local Interests: Irwindale Takes Sriracha to
           Court ...................................... 211
       C.  Irwindale Uses a Public Nuisance  (and  Race Neutral)


189

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