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The issue of whether the production and sale of foie gras was ethical was a big one here in California, and eventually the meat was banned from menus statewide last summer. Many local chefs fought to lobby the federal courtin order to bring it back, but in the end animal rights activists won the battle. But even though the sale of the birds' livers is illegal, plenty of restaurants have been serving it as an off-menu or gifted item, partially because diners love the fatty livers, and perhaps even more so as a political statement.
So when this is not a pop-up Tweeted about the potential of the engorged geese/duck livers being on their menu this week, it really wasn't a huge shock. But Randy Clemens, Digest blog editor at Los Angeles Magazine and a vehement vegetarian, didn't take the Tweet lightly. And his vocal opinion via Twitter eventually lead to this is not a pop-up being threatened with a lawsuit by PETA's legal counsel.
@LAMagFood we might or might not have foie gras this week. Just saying....
— this is not a pop-up (@thisisnotapopup) February 25, 2013
@thisisnotapopup Ur quacking up the wrong tree. As if their murder wasn't rough enough, u've gotta torture em while they're alive too? :(
— Randy Clemens (@RandyClemensEsq) February 26, 2013
@RandyClemensEsq have you even been to a foie farm? We have. We believe in humane and sustainable farming and those ducks are well treated.
— this is not a pop-up (@thisisnotapopup) February 26, 2013
That's where Clemens called in PETA.
@thisisnotapopup When the tube is jammed down their throats or when they're killed afterward? I smell a @peta protest this wknd.
— Randy Clemens (@RandyClemensEsq) February 26, 2013
@RandyClemensEsq such misplaced anger. Do some research and then go pick on the industrial chicken/cattle industries instead of small farms.
— this is not a pop-up (@thisisnotapopup) February 26, 2013
@thisisnotapopup I'm not "picking on" anyone. The animals are picked on. I'm calling out animal cruelty, large and small scale.
— Randy Clemens (@RandyClemensEsq) February 26, 2013
And of course, a little thank you from the PR folks from PETA to the LA Mag food editor for tipping them off to the issue.
.@RandyClemensEsq Thank you from @PETA for telling @thisisnotapopup foie gras is a recipe for torture. http://t.co/6T1H2f8exI
— Colleen O'Brien (@ColleenKOB) February 26, 2013
PETA's legal counsel couldn't be reached at the time of publication for comment. [UPDATE, 2/27 at 12:30 p.m.: PETA's legal senior legal counsel, Matthew Strugar, was reached for comment: "I think the people of California have spoken, saying that consuming disease-ridden livers of ducks and geese is inherently cruel. These are sick, dying birds. There is a law on the books, and we are seeking to have it enforced. We are saying their proposed activity is illegal."]
Springut defended her team at this is not a pop-up. "I personally visited a foie gras farm last year to check out what was going on before I made up my mind as to whether I would eat it, and serve it, or not," she said. "As someone in the food industry, I am immensely concered with how the animals I eat live, and die."
It remains to be seen how this will play out for the team at this is not a pop-up, who will be moving to the space at Tiago restaurant later this week.