LEGAL Group Didn’t Want to Pay an Automatic Gratuity, Restaurant Responds by Locking Them Inside

Guns-N-Moses

Senior Member
Saw this story over on the Blaze and thought I'd post it here for conversation.

Before I get into the discussion, one thing that struck me was that (although the Blaze covered it), the story originated from the Daily Mail, which is a paper from the U.K.

Perhaps there were other news sources (in the USA) that covered this story, but I've noticed a lot of 'US' news stories in the foreign media outlets that are not covered by the US media outlets.

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I realize there are probably several different opinions on this policy; Those in the food industry will probably side with the restaurant and server, where others (like myself) might feel that regardless of the stated policy, there is an expectation that the gratuity should be commensurate with the quality of service received.


Group Didn’t Want to Pay an Automatic Gratuity, Restaurant Responds by Locking Them Inside

Have you ever gone to a restaurant with a group of friends (or a large family) and had an automatic gratuity (i.e. tip) added to your bill because of the size of your party?

We’re sure it has happened to most of you. Many restaurants do this.

So here’s a question: what happens if the server waiting on your table is lousy? Should you still have to pay the automatic gratuity?

While many people feel you shouldn’t be forced to pay a tip if the service is unacceptable, one group in Texas found out the hard way that some restaurants view the policy as non-negotiable.

Jasmine Marks went to La Fisherman in Houston, TX, with a group of friends and claims the service was not deserving of the automatic 17 percent gratuity the restaurant adds to parties of five or more.

Marks says the staff was rude, the drinks were not refilled, and mistakes were made on their orders, according to the Daily Mail.

“We asked her, could the gratuity be removed? Could we give our own tip? She said it was part of their policy and there was nothing she could do about,” Marks told Click2houston.com.

“If you’re not satisfied with the service, you shouldn’t have to pay gratuity,” she added.

However, it’s important to note that like all restaurants practicing “group gratuity,” the policy was clearly marked on La Fisherman’s menus.

When the unhappy diners challenged the restaurant’s 17 percent tip, Marks says the manager locked the doors and called the police.


“She was like, ‘You have an unsettled bill and ya’ll can’t leave until you pay it,’” Marks said. “We paid our bill for what we ate, we paid the bill.”

La-Fisherman.png


Marks told the Click2houston.com news team that she tried to explain to the manager that paying for the food was not the problem — it was the automatic gratuity.

“She said, ‘That’s fine. If you don’t want to pay the gratuity we have HPD outside,’” Marks said.

“I asked the police officer twice, maybe three times, is it against the law if we don’t pay the gratuity and he never gave me a straight answer,” she added.

The on-duty manager at the restaurant told Houston’s local KPRC Local 2 that although they don’t “have a problem with customers not giving a tip,” they have called the police before.

After the Marks episode gained media attention, Houston’s Better Business Bureau announced it would examine the complaint.

“Consumers need to understand the policy going in,” said Dan Parson, president of the BBB.

“I mean every sign walking in the door. What credit cards do you accept, not accept? What are your hours? Seventeen percent gratuity for the six of you? If you don’t like it, leave,” he added.

Marks’ group ended up paying the gratuity to avoid any further trouble.


Click here for video from local news
 

Satanta

Stone Cold Crazy
_______________
I didn't have to watch the full video and already 'knew' the situation.

I do not care how this sounds but this comes from 20+ years experience in the restaurant business.

Blacks are asshole 95% of the time.

Usually the younger ones-18-30 somethings.

I've dealt with them trying to con free meals, being absolutely rude and obnoxious from yelling at the staff "Hey! Hey! Get yo ass ova here and serve me!" to letting their kids run wild sticking their hands in the food at the salad bar or throwing food around. The ones sitting down do not seem to know how to have a conversation in a tone that everyone in the restaurant including in the kitchen near the loud dish machine, has to also listen to.

Could this group have been one of the 5%? Absolutely and I think it was wrong the place locked them in-telling them not to return would have been better but now the place-manager, employees-are going to be labelled as jerks and if they ever tell what I've seen and suspect they will be labelled as racists.

Like I said-not all blacks but enough to sour a person on wanting to serve and deal with them.
 

old pirate

Membership Revoked
a few things i would like to say.
1) i did a stint in the restaurant industry at applebees in san antonio tx.
2) blacks as a whole do not tip to the point black servers did not want to wait on black customers.
3) not only do blacks not tip, they are extremely demanding and run the server, black or white, ragged.
4) blacks tend to leave the eating area in distress when they are done.
5) blacks are rude rude rude.

thank you
 

American Rage

Inactive
It comes down to whether or not the patrons had been informed of the gratuity. If so, it becomes part of the price of the meal and they're stuck. If not, the restuarant can be held for kidnapping, false imprisonment, and probably a host of other charges both criminal and civil.

This could be interesting.
 

homepark

Resist
I know a guy who runs a charter fishing boat. He avoids black parties for the non-tipping thing. The first mate lives on those tips.
 

marsh

On TB every waking moment
http://oxforddictionaries.com/definition/gratuity

gratuity (gra¦tu|ity)
Pronunciation: /grəˈtjuːɪti/noun (plural gratuities)1 formal a tip given to a waiter, taxi driver, etc.. 2British a sum of money paid to an employee at the end of a period of employment: an end-of-contract gratuity of 20% of the total pay received

Origin:
late 15th century (denoting graciousness or favour): from Old French gratuité or medieval Latin gratuitas 'gift', from Latin gratus 'pleasing, thankful'

The origin of the word clearly denotes a voluntary gift. If it is mandatory, it is a mandatory service "fee," not a gratuity, and should be noted accordingly.
 

ejagno

Veteran Member
As a restaurant owner I feel very strongly against added gratuities. Gratuity is a favor, gift or bonus paid to someone the customer felt deserved it for a job well done.No where, under any definition I've seen, does it say that GRATUITY is a mandatory surcharge to every customer regardless of services received. I've never banned anyone for not tipping but I have banned a few women for loading up ziplock bags in their purses with food and primarily for being disrespectful to one of our waitresses. I will not tolerate anyone being disrespectful to any of my staff for any reason period and I do reserve the right to refuse service to anyone as posted in my lobby.
 

summerthyme

Administrator
_______________
ejagno... I agree. Too many restaurant owners clearly are badly underpaying their waitstaff, with the assumption that the tips will make up for it (and they CAN)... but insisting on a *17%* mandatory "tip", especially if the service was poor, is just WRONG.

In that case, they should raise their prices for the food and pay their waitstaff more!

We rarely eat out, but tip well for reasonably good service (IOW, I don't "dock" my server for anything except truly bad service, or a really poor attitude). But I really object to essentially being forced to pay their entire wage, on top of the price of the meal... that's the owner's responsibility.

Summerthyme
 

Satanta

Stone Cold Crazy
_______________
As a restaurant owner I feel very strongly against added gratuities. Gratuity is a favor, gift or bonus paid to someone the customer felt deserved it for a job well done.No where, under any definition I've seen, does it say that GRATUITY is a mandatory surcharge to every customer regardless of services received. I've never banned anyone for not tipping but I have banned a few women for loading up ziplock bags in their purses with food and primarily for being disrespectful to one of our waitresses. I will not tolerate anyone being disrespectful to any of my staff for any reason period and I do reserve the right to refuse service to anyone as posted in my lobby.

The only time I've seen it mandatory that the 'gratuity' was part of the bill was for luncheons/buffets for large groups of people-businesses and such with Howard Johnsons and it was agreed to by the party involved before we pulled the first table out and got the banquet room ready.

In this case-and I have seen similar signs posted in other places usually for parties of eight or more, but the owner seems to say he has a sign at the entry indicating a 17% charge for parties of six.

Heck, a party of eight to ten was simply a family going out to lunch/dinner in my day-meant an extra coupple of trips back and forth to bring drinks/food or more dishes in the bus tub.

Just as an aside one place I wworked was a Wyatts Cafeteria in Beaumont Tx back in the 80's and I was taking a couple hundred $$ extra in tips home-people wanted to sit in my section and it paid off especially since it was considered a non-tipped floor position.

Pissed the other floor people off and they'd move me around to different sections and customers would leave my 'old section' to come sit in my section to be my customer.
 

vessie

Has No Life - Lives on TB
Unlawfull imprisonment if this were a group of normal people. I'd press charges for being locked in any place against my will. V
 

Red Baron

Paleo-Conservative
_______________
I will never -ever- again stay at restaurant where a "large group" is seated.

Recently we were seated next to one these "large groups" at an Applebees. What a nightmare.

Near the end of the meal the "large group" complained and whined and were trying everything to get out of paying their bill. A classic ploy by people who think they don't get enough "respect".

Meanwhile their kids were running around like maniacs. The table and floor was a complete mess of spilled food, napkins, silverware and whatnot. It looked like pigs were feeding at the trough when it was all over. This "large group" totally took over the whole place and made it miserable for everyone else.

Finally the manager told them in no uncertain terms pay up and to leave. I am fully convinced he was a minute away from calling the police.
 

old pirate

Membership Revoked
http://oxforddictionaries.com/definition/gratuity

gratuity (gra¦tu|ity)
Pronunciation: /grəˈtjuːɪti/noun (plural gratuities)1 formal a tip given to a waiter, taxi driver, etc.. 2British a sum of money paid to an employee at the end of a period of employment: an end-of-contract gratuity of 20% of the total pay received

Origin:
late 15th century (denoting graciousness or favour): from Old French gratuité or medieval Latin gratuitas 'gift', from Latin gratus 'pleasing, thankful'

The origin of the word clearly denotes a voluntary gift. If it is mandatory, it is a mandatory service "fee," not a gratuity, and should be noted accordingly.

actually TIPS is an acronym meaning "to insure prompt service"
tips used to be paid at the beginning of the service, not after.
 

Gercarson

Veteran Member
There is a sign displayed prominently on the front door that clearly states there WILL be a 17% gratuity added for tables of 5 or more.
T - I - P = To insure promptness.
I certainly enjoy good service and professionalism in a server and leave a tip accordingly. I will NEVER leave less that 15% to any server. I see how hard they do work and will make excuses for someone's inattentive service AND will not go back to a place that has consistent bad behavior.
 

LtPiper

Taking cover
Interesting that this came from a UK story as in all of Europe it is understood that if you eat in there is a 15% gratuity added to the bill period. Takeaway doesn't have it.

Can't remember if it was the same in Australia.....
 

Peregrinus

Inactive
Thanks for the education on TIPs I never knew that's what it meant. It is funny how many of us, myself included are destroying our own language through ignorance. Even Merriam-Webster is guilty of this. Their definition of gratuity is - something given voluntarily or beyond obligation usually for some service. Yet their examples of gratuity are - A 15 percent gratuity is automatically added to the restaurant bill.
<for parties of eight or more, we automatically add a 15% gratuity onto the bill>
This is like saying – the four legged animal is a car. Car is used properly in the sentence only because the sentence is a lie. Gifts for good service - Gratuity cannot be forced or given without consent and that should only be given if the service is deserving. Deserving is something which can be determined only after service is rendered. http://www.merriam-webster.com/dictionary/gratuity
 

Housecarl

On TB every waking moment
It comes down to whether or not the patrons had been informed of the gratuity. If so, it becomes part of the price of the meal and they're stuck. If not, the restuarant can be held for kidnapping, false imprisonment, and probably a host of other charges both criminal and civil.

This could be interesting.

+1 on that.
 

kytom

escapee from reality
I didn't have to watch the full video and already 'knew' the situation.

I do not care how this sounds but this comes from 20+ years experience in the restaurant business.

Blacks are asshole 95% of the time.

Usually the younger ones-18-30 somethings.

I've dealt with them trying to con free meals, being absolutely rude and obnoxious from yelling at the staff "Hey! Hey! Get yo ass ova here and serve me!" to letting their kids run wild sticking their hands in the food at the salad bar or throwing food around. The ones sitting down do not seem to know how to have a conversation in a tone that everyone in the restaurant including in the kitchen near the loud dish machine, has to also listen to.

Could this group have been one of the 5%? Absolutely and I think it was wrong the place locked them in-telling them not to return would have been better but now the place-manager, employees-are going to be labelled as jerks and if they ever tell what I've seen and suspect they will be labelled as racists.

Like I said-not all blacks but enough to sour a person on wanting to serve and deal with them.
asians are the worst tippers. blacks are second!
 

Double_A

TB Fanatic
Management handled this badly in my opinion. They will no doubt lose much more business due to bad publiciity.

If the group was obnoxious and disruptive, management should have said.... I will wave the gratuity on the condition you find another place to dine, you are not welcome here.

The next day they damm well should have a signs up and rubber stamp the menus with the policy and the person seating people should when asking "how many in your party" might exclaim "oh you have quite a group, you know we have a policy that a gratuity will be added".
 
In conversations with those who are in the various businesses, it is clear that blacks do not feel the need to tip servers, hairdressers, nail techs, or anyone else in the personal service industry. However, if one is a black in the service industry, non-tippers are exposed immediately to anyone within reach asap. What a positive image they portray for their race.
 

Z28Camaro6D9

Veteran Member
Marsh is correct. Establishments having the written policy 'mandatory gratuity (an oxymoron) of 15% on groups of 5 or more' usually lose the resulting court cases. Restaurants however that use 'mandatory 15% service charge on groups of 5 or more' for example usually win their case in court.
 

changed

Preferred pronouns: dude/bro
Everyone should be careful when they vacation in Florida. There are many restaurants that automatically add a tip to the bill regardless of the number of people dining. I found out the hard way after eating several meals and leaving tip. The waitresses do not volunteer the information. I was so mad, but what could I do?
 

Gercarson

Veteran Member
Marsh is correct. Establishments having the written policy 'mandatory gratuity (an oxymoron) of 15% on groups of 5 or more' usually lose the resulting court cases. Restaurants however that use 'mandatory 15% service charge on groups of 5 or more' for example usually win their case in court.
Service charge is the way it should be stated - that way it becomes clear and without any innuendo about a "gratuity" being unlawful.
Thanks for posting this.
 

Thomas Paine

Has No Life - Lives on TB
A manditory gratuity is an oxymoron like Military Intelligence , lock me in because I don't want to pay it and I will file charges with someone, try and physically stop me in my state of residence and you could end up in a very bad way and that's before the lawsuit, criminal charges or and media circus begins. I tip and tip based on service received.Just breathing and bringing my meal gets you something, bringing my meal and giving me customer service gets you a tip and a good word to however from management is working the floor plus I return to the establishment .
 

Countrymouse

Country exile in the city
http://oxforddictionaries.com/definition/gratuity

gratuity (gra¦tu|ity)
Pronunciation: /grəˈtjuːɪti/noun (plural gratuities)1 formal a tip given to a waiter, taxi driver, etc.. 2British a sum of money paid to an employee at the end of a period of employment: an end-of-contract gratuity of 20% of the total pay received

Origin:
late 15th century (denoting graciousness or favour): from Old French gratuité or medieval Latin gratuitas 'gift', from Latin gratus 'pleasing, thankful'

The origin of the word clearly denotes a voluntary gift. If it is mandatory, it is a mandatory service "fee," not a gratuity, and should be noted accordingly.


BINGO!

And before I ever read the subsequent comments (and still haven't watched the video) the race of either the servers OR the guests should make NO difference.

"Gratuity" from "Gratus"---meaning FREE (as still seen in the Spanish "gratis")

A FREE gift.

I think this restaurant just got paid back for its bad service, however---by making an issue of this, such that it even ended up on the news (and in a video I hope will go viral) they now have all the PUBLICITY they want----of how bad their service is, how arrogant THEY are for demanding payment of what is supposed to be a VOLUNTARY gift in spite of it, and why patrons should AVOID their place in the future.
 

Hansa44

Justine Case
Working in a restaurant for a number of years there is a reason for mandatory gratuity. When a group of 8 or more come in they usually take at least 2 tables and maybe more. We discovered they also stay much, much longer than the average diner.

If you are a waitress on a busy night, these groups usually feel a 5 dollar tip is plenty. Some don't pay a tip at all and the waitress will be quite angry about getting stiffed. These people often demand drinks and coffee and desserts for several hours. If your a waitress depending on good tips to help you survive, that behavior from the general public is more common than you think.

So, the customer should absolutely be warned that a service charge will be part of their bill. Don't like it. go somewhere else.
If they do what these other bottom feeders did, you can be sure they are never forgotten and will be refused service any other time they attempt to eat there. Locking them in was wrong. Period.

And let me tell you. Waitresses have incredible memories. LOL.... Word gets out to other waitresses. You might get away with paying no service charge but the cost to you will be far greater.
 

momof23goats

Deceased
I was in a pizza hut a couple of years ago, there were about 5 blacks at a table, they were loud, rude to others in the place, and rude to the servers. the table was a huge mess, and they just didn't care. It was terrible. being me, and tired of not being able to hear a thing that was being said at my own table, I told them to shut up, or lower their voices. it worked for about 3 minutes, they were asked to leave.
 

China Connection

TB Fanatic
In Australia we do not have any addedcharges. Tips are up to the customesrs. Some restaurants tips are shared however but most it goes into the pocket of the waiter / waitress.
 

Dex

Constitutional Patriot
I worked at a Bob's Big Boy during the late 80's, all shifts as a white male in metro Baltimore. I was subjected to being run ragged on several occasions by groups of entitled type blacks, I would do everything they asked and not miss a thing and get a $2.00 tip for a group of 10. There is a culture of those who think they are entitled to treat others like that, unfortunately they are usually black. The thing that really got me was on Sunday's they would come in all dressed up in the Sunday best and still treat me like trash and leave me nothing. I always tried to treat them all with respect, but I never got any respect in return.

I can't imagine what it must be like now with the racial hatred coming from that culture, seemingly greater than it has ever been. Unfortunately we are seeing the greatest amount of racial hatred and violence from black culture than ever in history, they are worse than the KKK, they are the most racist of anyone in our country at this time and they are dragging our once great nation into the gutter.
 

Countrymouse

Country exile in the city
I can't imagine what it must be like now with the racial hatred coming from that culture, seemingly greater than it has ever been. Unfortunately we are seeing the greatest amount of racial hatred and violence from black culture than ever in history, they are worse than the KKK, they are the most racist of anyone in our country at this time and they are dragging our once great nation into the gutter.

Not wanting to hijack the thread but I have to post to tell you how much I agree with this paragraph, Dex.

I've often said that the blacks now are "trying to out-do the KKK" in racial bigotry and hatred---and the SHAME of that is, having been through what they as a race have been through, they SHOULD be trying to rise ABOVE that kind of behavior, not see how much they can be JUST LIKE the ones who in the past oppressed their ancestors.

Which, given that history, the way they are acting IS worse than the KKK ever was---because they should know better.

But such is human nature.

Back to subject......./rant off
 

Thomas Paine

Has No Life - Lives on TB
Easy answer seperate checks, you ain't a group unless it's all on one check.And I'm fairly sure it would stand up in court.
 

old pirate

Membership Revoked
I was in a pizza hut a couple of years ago, there were about 5 blacks at a table, they were loud, rude to others in the place, and rude to the servers. the table was a huge mess, and they just didn't care. It was terrible. being me, and tired of not being able to hear a thing that was being said at my own table, I told them to shut up, or lower their voices. it worked for about 3 minutes, they were asked to leave.

unless you carry or are with a bunch of big guys, you have balls.

these youts are the ones that will wait for you and beat you.

remember, when you need the police in seconds, they are just minutes away.
 

BadMedicine

Would *I* Lie???
Unlawfull imprisonment if this were a group of normal people. I'd press charges for being locked in any place against my will. V
I agree, if it said "gratuity" I would WALK OUT, if it says "surcharge" or "fee will be added", then they can probably get away with it.

actually TIPS is an acronym meaning "to insure prompt service"
tips used to be paid at the beginning of the service, not after.

You're right, TIPS are before, GRATUITY, is after, in gratitude. both are gifts and cannot be forced.

I think overall this is a stupid restaurant policy. You should encourage groups. If you're catering large luncheons, maybe, but even then, dont you want businesses to bring all their people, or introduce new people to your place? dont you want to encourage a lot of business? Larger groups = more food sold. I tip for exceptional service, or in traditional restaurant settings, (which is rarely) usually pretty obligated to give 10-15%... I have worked in a lot of service industry jobs where tipping wasn't 'expected.' I'm sorry the govt screws waitresses/waiters on wages and expect us to make it up.. and taxes them at a high SET rate p/h!!

This video from Resevior Dogs (by quintin Tarantino) pretty much nails it. surprised it wasn't posted yet.

***** It IS 'R' FOR ROUgH LANGUAGE*** SO BE WARNED**

.. but I think it's pretty relevant,... but I do always tip food-staff, in traditional settings:)


http://www.youtube.com/watch?v=enJwYaeolXc
 

Moto

Inactive
The restaurant has the right to charge whatever they want, and they can call the charges whatever they want. They can add a 20% funtime charge if they want. In this case, the 17% charge in dispute was clearly marked on the bill and is standard in most restaurants. No excuse to not pay.
 
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