Dwain Downing said he and his family have received death threats since the story went public last week.
The owner of "Our Place" restaurant, Benji Arslanovski, posted a picture of the letter of intent to sue on Facebook. He said soup is complimentary with lunch for as long as it's available, but Saturday the restaurant ran out.
"I just couldn't believe it. I just kind of wanted to see what everyone else's reaction was," said Arslanovski.
Downing's letter demanded $2.25 in damages and $250 in "attorney's fees" for writing the letter. Downing told CBS11 he arrived around 2 o'clock and ordered the Saturday special, which includes an entrée, two sides, bread, and a cup of soup for $7.95. When the restaurant said it was out of soup, he asked them to substitute an extra side dish or discount the meal, but was denied.
"I don't think it's right for someone to advertise one thing and not follow through with it," he told CBS11. "If I didn't do it, no one else would."
Arslanovski, though, is stunned. "The meal comes with two sides already. The soup is just a free cup of soup," said Arslanovski.
He said his parents started the tradition of free soup, after first opening the restaurant in 1985. "My dad was a chef, and he always made homemade soups. But, nobody would buy soups. It's hot in Texas and stuff, so he started offering a cup of soup with lunch."
Customers are sometimes disappointed when the soup runs out, according to Arslanovski, but no one has ever sent a legal letter.
"I can't wait to tell my dad," he said about the incident.
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