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  • Friends' business forced to move

    I considered posting this over on CS but considering a likely case of homophobia, I think it would be better here. It's a long story, so bear with me.

    Hubs's last job was at a grocery store I'll call Fidgety Boar. The store was part of a shopping center that was divided into two buildings, with a dollar store and Fidgety Boar on one side, and the other was a gas station, a burned-out empty space, and a laundromat. Inside the store, they had a separate section that they called a deli but was actually rented out as a restaurant. I volunteered there while Hubs was at work (I knew they couldn't afford to pay me yet but I didn't care, I needed something to do during the day). The restaurant (I'll call it Phil's) was owned by an older gay couple, two of the nicest men I've ever met (I'll call them Phil and James). They have three daughters (one with Fetal Alcohol Syndrome) and had gone into debt to open the restaurant and pursue their dream. They rented the deli space for $1000 a month and had paid a $2000 security deposit on the place (this will be important later).

    When Hubs was fired from Fidgety Boar, I stopped working at Phil's as well. We stayed in touch with Phil and James though, and over the last couple of years, business has boomed. They had paid off a good chunk of their debt and everyone in our little town loved them (though that might have something to do with there being only two other places in town to eat, one of them an incredibly expensive sandwich shop).

    Recently, the owner of Fidgety Boar sold the store (he was paying for the rights to the name, so it wasn't a corporate store). The new owner seemed nice, Hubs went to him looking to see if he could be hired back and was looking forward to being closer to home and getting paid more. While we were waiting for the store owner to get back in contact with Hubs, something else happened.

    Phil and James began to lose customers, and found out it was because of a rumor that had been spread that they were engaging in rather personal activities while at work. They suspected that the new owner had started these rumors due to some not-so-subtle remarks he had made in the past, though they had no proof of this.

    As business started to decline, the new owner approached them with an offer to buy out the restaurant, getting an immediate "NO!" New Owner didn't like this and one day, when one of their employees was setting up for the morning, he approached her and demanded that she stop what she's doing right now, none of them were allowed on the premises anymore. Phil and James were allowed to get their personal items, and that was it.

    New Owner didn't return their security deposit or the rent that they had paid just a few days before, which they were both legally entitled to. However, since Phil and James still haven't entirely paid off their debts, they can't afford a lawyer to go after him. Instead, the owner of the burned-out space in the same shopping center renovated the place, and right now they're still in the process of moving in. They bought some of their equipment used from the other restaurants in town, with the bulk of it being donated by the aforementioned employee, who had once owned her own restaurant in town and had the extra equipment in storage. The rest of the things that needed done (specialized electrical/plumbing work, supplies, etc.) are being funded by a crowdfunding page, and they're reopening Thursday.

    What the store owner did enrages me so much. These two guys have been incredibly kind to myself and my husband, and they're out $3000 because of this guy. They're probably better off, since now they have the space for a performance area for local bands (of which there are many), but first they have to get out of the hole they were thrown in. And plus, the kitchen is visible from the seating area, so there's no chance of the swirling rumors returning.

    TL;DR: Good friends were kicked out of the building their restaurant's in and weren't given the money they were due back because of a quite possibly homophobic landlord.

  • #2
    I'd say talking to a lawyer would still be a good thing. Who knows? Maybe the lawyer will take part of the settlement rather than upfront pay.
    I has a blog!

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    • #3
      They need to get themselves to a lawyer, stat!

      There have been clear tenant contract violations and if they can get anyone to come forward, they might be able to get him for the other things, too, should he be the one responsible.

      This should be a slam-dunk and unless the statute of limitations has expired, there should be someone out there who would take the case pro-bono.

      If they don't go that route, they should still file a complaint with whoever in the area handles tenant rights matters and see if they can't get their money back.
      Faith is about what you do. It's about aspiring to be better and nobler and kinder than you are. It's about making sacrifices for the good of others. - Dresden

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      • #4
        They've told me they want to hire a lawyer but when depends on how quickly they can make the money. From what I gather, their debts were mostly paid off (not sure about exact figures, but they told me a few more months and as long as nothing bad happened they'd be in the clear), so hiring a lawyer is their next priority. Sadly, tenants' rights groups are severely lacking in my area, and so are good lawyers, so this is the best they can do for now.

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        • #5
          "Fidgety Boar" -- I know which store you're talking about (they used to have a store with that name in my area)! I haven't seen one of them in ages!

          But to your point: Is the new owner of Fidgety Boar a franchisee as well? Is it possible to speak to corporate?

          I'd also second the notion of at least looking into a lawyer. Seems to me that P&J really were discriminated against here. And it's possible that the owner of the FB could simply say "that security deposit doesn't apply to me..."

          But based on what you wrote, it does sound like the new owner started some unsubstantiated rumors.

          This might be good for P&J, though. They get away from an owner who clearly didn't like them, they get more space, and with the ability for them to host bands, they could get more business.

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          • #6
            mjr- yeah, it's a franchise, so no help on that front. And I agree with your last statement. It WILL be good for them, once they get things up and running.

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            • #7
              Originally posted by Aragarthiel View Post
              mjr- yeah, it's a franchise, so no help on that front.
              If it's a franchise, you can actually make a complaint to corporate about the behavior of the franchisee. Most corporations guard their brand, so when franchisees misbehave, they come down to straighten them out or pull their license.
              Faith is about what you do. It's about aspiring to be better and nobler and kinder than you are. It's about making sacrifices for the good of others. - Dresden

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              • #8
                Originally posted by Andara Bledin View Post
                If it's a franchise, you can actually make a complaint to corporate about the behavior of the franchisee. Most corporations guard their brand, so when franchisees misbehave, they come down to straighten them out or pull their license.
                For an example of this, look how quickly Twin Peaks revoked the franchise of one branch in Waco Texas - the chain didn't want their name associated with a biker war.

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                • #9
                  Are you in the states? If there are no lawyer options locally that would be willing to at least talk about their case, then maybe see if they can contact the ACLU or something; while it might be small potatoes for such a big gun, there might be some help and/or guidance that can be offered to them.

                  From the sounds of it, the biggest problem they have is time. Moving a business and getting it set up in a new location is a big deal even in the best of circumstances. To do it unexpectantly, they probably don't have the time to look at the Lawyer. Hopefully they can track down all their contracts and paperwork, and/or get some pics snapped of their old location ASAP. (If possible maybe you can volunteer to do so) to prove what it looks like. I wouldn't put it past the New Owner to damage the old location a bit to warrant keeping the deposit.

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                  • #10
                    Originally posted by Jetfire View Post
                    I wouldn't put it past the New Owner to damage the old location a bit to warrant keeping the deposit.
                    This actually wouldn't be much of a problem. Phil and James took pictures when they moved into the deli space. The place was beyond nasty. Every. Single. Thing. was caked with solid black greasy mess, from the floors to the bottom of the fryers to the exhaust vents, and even in the freezer. They cleaned the place up on their own with their own money, not getting any sort of compensation from the old owner for it. The guy would have to do some pretty serious damage to prove that they left the property in worse condition than they got it.

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                    • #11
                      Is this in the US? They should file a suit in small claims court. The return of rent and security is at face value a contracts case. It stinks, but discrimination cases can be hard to prove and expensive.

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                      • #12
                        Yeah, we're in the US. Their opening had to be delayed because the health inspector had to reschedule, but they've got an appointment to meet with a friend of a friend, who's a lawyer, to see what their best option is.

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                        • #13
                          I'd say call the ACLU and/or one of the national LGBTQ groups and see if they'd be interested in taking the case. The new owner did a number of illegal things, and the loss of the rent and security deposit are, in my opinion, the least of their sins. I think they've got a good chance of getting the interest of an advocacy group, and if they do get the help of one of them, the corporate folks will be tripping over themselves to "make it right". If I'm guessing the name of the store correctly, they're struggling to hold onto the very last remnants of what was once a thriving chain, and they wouldn't want their name smeared all over the national media. Something like this could do them in for good.

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