In the suit, Hanna says he believes Avila "abused his power as a public official in a personal vendetta based upon personal animus."
Christine Cronkright, Avila's spokeswoman, said the secretary had not yet reviewed the suit, but added: "If in fact Richard Hanna does file the lawsuit, we believe the lawsuit is frivolous and will defend it vigorously. While the owner of Roxy's is worried about scrambled eggs, the Secretary of Health is busy protecting the health of Pennsylvanians. This is nothing more than a publicity stunt."
The Inquirer has reported that just weeks after Gov. Corbett tapped Avila to serve as the state's top health official last January, Avila walked into Roxy's, ordered an egg sandwich breakfast and angrily complained that it wasn't fresh enough.
A testy exchange followed, Hanna has said, culminating Avila shouting, "Do you know who I am? I am the secretary of health!"
A month or so later, a city health inspector descended on the restaurant, Roxy's Cafe. The inspection was triggered by a complaint from the state Health Department.
Also shortly after the dispute, Avila e-mailed the secretary of the state Department of General Services, through which the contract to run the Capitol cafeteria was being awarded. Hanna was one of nine bidders for it.
In the email, obtained by The Inquirer, Avila said he had witnessed "unsanitary food practices" at Roxy's and wrote: "It is my professional opinion that they should not have any nexus to food services with the Capitol. I will elaborate if you want to talk to me about the matter."
Contact Inquirer staff writer Angela Couloumbis at 717-787-5934, acouloumbis@phillynews.com or @AngelasInk on Twitter.
