Mar 2010 05

The Linkery is on my list of San Diego places I’ve been meaning to visit.  The website tells it all: “We gather people to grow, cook, craft, and savor the best food and drink in San Diego.”  And I’m just the sort of person who would enjoy said food and drink!  The 18% service charge does not dissuade me either, especially knowing restaurateur Jay Porter has a mandatory no tipping policy for his servers.  In fact, he says if you feel like leaving more money to show extra gratitude, to leave the cash to their charity of the month.  What an altruistic attitude not commonly found nowadays…  Not to mention, the livable wage he can provide the people that work their asses off to deliver that excellent food and drink to you.  And clean up after you’ve had your way with that food and drink, even after those of us who may lick the plate clean… 

But in another effort to prove how far up their asses anyone associated with the law can be, the SD City Attorney’s Office was exploring legal action against the Linkery for violating the state’s unfair competition laws.   The City Attorney’s office thinks they are only looking out for the customer in this poor economic market.  And while there isn’t a specific law regarding tipping and service charges, they point to some ridiculous code about the retailer not charging a price “greater than that advertised.”  Porter remarked, “We’re not going to change our business because the city attorney has an emotional problem with it.”  And it’s not like they’re hiding the fee- it’s noted at both the entrance and on the menu. 

No offense, but this seems to point more to her assumption of the consumer’s lack of math skills.  Most restaurant menus do not show prices including state, local, or other taxes, including on drinks where some cities are charging pour charges.  And I can’t remember the last restaurant that did NOT add on some sort of gratuity for large parties.  Most European restaurants also add on service charges and don’t expect a tip.  The only people they are “protecting” are those cheap asses who’d rather leave a dollar like they did their good deed for the day.  The rest of us are capable of realizing a $10 item on the menu doesn’t equate to a $10 bill.

So you know that popping noise heard around the world this morning?  That was the sound of a head being extricated from an ass.  The City Attorney’s Office finally saw the light of day and decided to not pursue legal action.  In fact, they want to form an industry group to explore how to implement this practice fairly in a more widespread manner.  Duh, welcome to civilized society!  WAY better things for them to waste time on.