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Why can't a man sell hot dogs in peace?

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    Why can't a man sell hot dogs in peace?
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    Eric Heyl is a Tribune-Review staff writer. He can be reached via e-mail or 412-320-7857.

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    Rare indeed is the occasion when litigation even tangentially involving hot dogs reaches the level of the Pennsylvania Superior Court.

    In recognition of just such an infrequent event, I traveled to Oakland Monday to see Gene Scott. Better known as Scottie to his faithful clientele, he sells hot dogs, kielbasa and other grilled goodies from a large cart outside of the University of Pittsburgh's Hillman Library.

    Three years ago, Scott, a 50-something Homewood resident, filed a lawsuit in Allegheny County Common Pleas Court challenging the constitutionality of a 2000 city law regulating vendors.

    Scott sued after City Council failed to approve his place of business since 1992 -- the intersection of Forbes Avenue and Schenley Drive -- as a designated vending site. He continues to sell sausage there illegally.

    Pitt also is a defendant in the case. Scott believes he was cited for operating in a no-vending zone after university officials alerted city officials that he was still doing so.

    Common Pleas Court Judge Judith Friedman dismissed the lawsuit last month. Undeterred, Scott had his attorney file a notice to appeal to Superior Court, which raises the obvious question: Why doesn't the guy just peddle his franks in a legal locale?

    My attempt to find an answer hit a roadblock the moment I introduced myself.

    "I don't do interviews," Scott said.

    That's right. The hot dog guy gave me attitude.

    "Why not?" I said.

    Pulling up the hood of his sweatshirt, he peered at me through dark sunglasses.

    "Do I need to have a reason?" he said. "This is America, isn't it?"

    I decided to shift gears.

    "Mind if I watch you work, then?" I said.

    Instead of a yes or no, he said, "Go 'round to the front of the cart."

    I did, instantly spying the three U.S. flags and the various Army, Air Force and Marines bumper stickers decorating it.

    "Oh, I get it," I said. "This is America, isn't it?"

    He nodded.

    "Free country," he said. "Do what you want."

    Over the next half-hour I observed him do business as brisk as the day's chilly temperature.

    Scott fluidly worked the grill, pulled sodas from two large, green coolers, and quickly made change, all the while bantering with his regulars.

    He consoled one middle-aged woman on the recent death of her son-in-law.

    He spent a few minutes discussing the continuing Schenley Plaza renovations with a student who downed a gigantic hot dog during the conversation.

    He confessed to another customer to having recently had his prostate checked, an admission unlikely to be made to a first-time customer.

    The Hillman sidewalk obviously is his turf.

    While Scott wouldn't discuss his motives for continuing what could be a futile legal fight involving hot dogs, I witnessed enough on that turf to venture a guess as to why.

    I believe Scott thinks that in this nation, if no one is being harmed, there should be no infringement on any hard-working person's attempt to make an honest living.

    After all -- this is America, isn't it?