One last bit today about the City Attorney’s sad attack on us (see here and here), before I refocus all my energy on the positive things that go on at the Linkery.
This is not about “consumer protection” at all — this is about social progress and the people who fear it. Nobody has ever been tricked at the Linkery, and everybody at the City Attorney’s office knows this. (No consumer in America goes into a serious restaurant and expects to not pay for table service, whether by tip or service charge.)
The only issue in question is whether restaurant workers have the social standing in our class system to charge for their work providing table service. In the world that the City Attorney lives in, restaurant workers are not entitled to charge for that part of what they do, and should be grateful for the opportunity to live exclusively off the largess of the wealthy clients who patronize their restaurants.
In the world I live in — and in the world I want to live in — people who work providing service, cooking, and washing dishes in restaurants are accorded the same dignity and respect as CEO’s, software engineers, doctors, auto mechanics, and city employees.
This possibility of our world changing so drastically scares people like the City Attorney and some other business owners. It creates in them intense fear, and they will do whatever they can to stop social change like that — they will even go so far as to fabricate absurd interpretations of the law and use the force of the government to make sure that the servants stay in their place.
The legal process is a unpredictable beast, and sometimes the reactionaries win in spite of being morally wrong. But in the end, I am confident that this social change will happen.
Most people are ready for this change, we want it, we want to make it happen. There’s a reason this restaurant is so busy and has grown so much in the last few years — people want to be a part of community that respects the farmer and the cook, the brewer and the bartender, the server and the diner.
A few holdouts will try to stop the growth of a community like this. They will use everything in their power, from rumor-mongering to creative jackbooted legal tactics, and eventually they will resort even to the threat of violence. But, in the end, they will be puny voices shouting against a joyful chorus.
Right on.
Geneva
Eight of the scariest words in the language: “We’re from the government. We’re here to help.”
No thanks.
All the best in your battle, Jay; and, you said it: this is vital work — every bit as important as the rest of The Link’s sustainable/community mission. I often forget that dignity in raising, sourcing, crafting, prep-ing and serving — not to mention eating! — is utterly foreign to many folks — apparently even to ostensibly well-educated professionals sworn to the public good..
In a traditionally free market ctiy like SD, one would think the popularity of your business should be proof enough of the validity of your policies. It is stunning that these are a threat to any decent person or law.
If you don’t like the policy, don’t eat there . . . No government involvement necessary. From the crowds, people seem ok with it.
First off, I think tipping is extortion when it is demanded openly or silently, or for that matter in any manner what so ever. We don’t tip the mcdonalds server do we? How about the guy/gal that fixes your car? I think that places that serve food, or other such items where tipping, also known as giving away my hard earned money, SHOULD JUST INCREASE WAGES SO TIPPING WAS NOT PART OF THE MENU. This is NOT Europe, and if servers don’t like the wages, move on. Maybe consider an education which could lead to a tipless job.
I find it a little disturbing that so many people are unable/unwilling to grasp either of the basic issues, which I see as follows:
1) Legality: Yes, in fact, charging for table service is a legal practice, whether labelled as a charge, or as an automatically added “gratuity”. (Though calling it a charge is more honest, since automatically adding it means, pretty much by definition, that it’s not gratuitous.)
2) Less to the legal point, but more disturbing to me: The assumption that table service should and must be free, as reflected in the comments of people who say “just add it to the price of the items” and in the wording of the City Attorney’s letter.
Ignoring for a moment the more general issue of freedom to charge what you want as long as you are not being fraudulent, it is a simple matter of just reward for service:
Example: If you buy an piece of computer hardware, there is a price for that item. If you want them to install it for you, there is usually a separate (and generally pretty hefty) service charge.
If you buy a meal in a restaurant, there is a cost which reflects the food and the work of preparing it for you. If you also want them to set your table, serve the meal and wash and put away your dishes, why on Earth should there not be an additional charge for that???
My husband and I visited your restaurant for the first time a month ago. We were seated a a table in the bar while we waited for a dining table. After waiting for 15 minutes my husband made his way to the bar and ordered a glass of wine and a beer which HE then brought them back to our table. He commented that the price didn’t seem right, it was very high. We were finally seated at our table and waited another 15 minutes before a server came to our table & gave us a menu. We told him we were not very happy with the wait and he promised that he would make it up to us. The first entre my husband ordered they were out of, our dinner was mediocre, and the service the same. We were definetly not happy paying 18% for the service (which we NOW saw on the menu) & certainly not happy paying 18% at the bar. I’m not charged 18% ANYWHERE when I place the order & take it with me. We won’t eat at this restaurant again.
Good luck with this Jay.
I enjoy your restaurant, beer and atmosphere.
If I’m told up front about the 18% service charge, which is typically what I tip, I have no issues with this.
I’ve been places where large groups are automatically charges 18-20% gratuity. What’s the difference? The large group?
There is something wrong with these people who don’t value the service, service workers provide. I want to live in a world where those who clean toilets are paid more than a CEO – shuffling paper is not something I place a lot of value in.
I bet a fellow restaurant owner is behind the complaint. Wonder who…
” The assumption that table service should be free ” , let me see if I understand this. The ” server ” gets paid to bring food from the window/kitchen to your table. Where is the free in that? Seems to me they get paid for a ” job ” , just like everyone else. If they fail to perform, they get fired. Just like in the real world.
As I understand it, waiters/waitresses are paid an hourly salary for their job of bringing food to the table, just as the cooks are paid to cook the food. The cost of the food usually covers all employees. A tip is a voluntary amount that is given for excellent service. If the service is lacking, why pay a large tip?
In response to the discussion of the amount made by servers and CEO’s, it is always interesting to me that Americans value their restaurant servers more than those who educate their children
As far as the Linkery is concerned, my husband and I have had fabulous service, food and overall experience each of the maybe 12 times we’ve dined there. We were always told (and we were able to read the big sign) about the service charge, and since it’s what we tip anyway, were fine with it.
We feel as though the Linkery provides an experience worthy of this extra cost. If you do not, then please do not patronize the restaurant anymore. It doesn’t seem to be that hard of a concept to grasp.
There are many times when you go to a restaurant or other business and do not receive the value, service or experience you think you deserve. Is the answer to get the government involved at every turn? No. The answer is to stop sending your business to the establishment. If enough people feel the same way, they will either have to change what people don’t like or shut down. As the Linkery seems to be full quite often, it appears society – on its own, without governmental interference – has deemed the Linkery’s terms to be satisfactory.
If you like the Linkery, please go there and enjoy. If you do not like the Linkery, please go somewhere else. If you are looking for ways to waste money, go work at the City Attorney’s office.
Jay…first of all, you’ve got a lot of people on your side rooting for you on this one, as well as the moral high ground. I think that The Linkery’s progressive restaurant approach; including emphasis on support of local, sustainable food partners and providing (deserved) living wages for the staff, is paving the path for what I hope is the future and the way things should be. The first people to do things differently are always criticized; I guess this is the price you pay for being a leader and innovator.
Second, this is absolutely ridiculous; Jan Goldsmith and the rest of the staff in the City Attorney’s office don’t have anything better to do than to pick on the thriving little guys?! The city is bankrupt, we have failing infrastructure, and there are a ton of other pressing issues. Also, like you mentioned in a previous blog, caterers and parties greater than 8 at all restaurants always tack on a fee; this is clearly communicated and completely legal. There is adequate signage onsite and the menu clearly indicates the 18% service charge in advance of even placing an order. If a patron does object to this policy, they have ample time to make a decision to leave, if they so choose; their loss.
Third, The Linkery is my favorite restaurant in San Diego because of all the wonderful things that sets your fine eatery apart from most of the other restaurants in the city; sustainable produce, innovative cuisine, diverse beer and wine options, delicious farm to table food and of course wonderful, attentive staff that are enthusiastic and happy to be there who try their best to ensure a great experience for all who join them in this community restaurant.
I for one plan to write a letter to the City Attorney office to state my displeasure with this ill-advised legal decision and poor use of public resources. I will also come to the restaurant this weekend and support to you and my other friends at The Linkery as a sign of solidarity and continued support for your dynamic and unique gastronomical endeavor!
So, are all the restaurants that add 18% to the bill for parties of six or more also violating the law?? If so, maybe your have many more allies in your fight than you thought.
Personally, your 18% charge is below the 20% that I usually tip so you are ‘saving’ me money, if you want to look at it that way.
Our city is in a financial crisis and our city attorney is wasting his time on THIS??? I just let Mr. Goldsmith know what I think about this. If anyone else cares to, his email address is cityattorney@sandiego.gov
I am a proud voice in that chorus.
Just saw the sidebar stating the city is dropping the BS. Awesome. Thanks for being so vocal and letting your customers know what the city was up to – my husband sent in his email to Goldsmith this morning and I’m sure many others did the same.
Keep doing your thing and pushing for the right to run your business the way you want. It’s the American way dude, and we have to protect it.
- Ned and Sissy
I learned of the Linkery from this the New York Times Magazine article entitled “Why Tip?” which starts with Jay Porter and his restaurant.
http://www.nytimes.com/2008/10/12/magazine/12tipping-t.html?_r=1&scp=1&sq=the+linkery&st=nyt
I read about this issue in yesterday’s newspaper. I just want to piggyback what I read and a couple interesting points that I came across. First off I don’t mind tipping, but I don’t want to be forced to do it. I have never been to your restaurant and don’t plan on ever dining there. How can you say you don’t accept tips but force an 18% tax on every check. Does that sound like a gratuity to you???? I agree with other post I have read above that state the cost off food covers the servers wages. Don’t get mad at the city attorney’s office just because they uncovered this and that the public was complaining about your dishonest practice. customers should decide for themselves how much they wish to tip, you don’t put that burden on them right as they walk into your establishment. “Once it becomes part of the guest check, you wonder whether the servers are motivated in the same way”. judging by a post I read above the service was poor and they waited a while to receive service. That for me would have brought the tip down and down the worse it gets. Tips are something extra for great service. You don’t tack that on the bill like you do and state that it is a more equitable way to compensate your staff. Your already paying them an hourly wage for work duties that are expected from them day in and day out!
One of the problems with this mandatory 18% tip is that it is added BEFORE the state sales tax. So they add tax ON TOP of this 18% service charge. the already high sales tax ends up being even more, and your whole bill ends up being more than it would be if you tipped 18% on your own.
I’ve eaten here once, ordered an $8 beer (because of tax and service charge) directly from a bartender, then had very mediocre service. The prices are already bordering on ridiculous at this place and the average food and service and annoying service charge mean I won’t be back.
No one eats at the Linkery anymore – it’s too crowded.