Monday, November 30, 2009

My version of "what happened"

On October 23rd, 2009, Lehigh graduate student John Wagner, 24 and Moravian College senior Leslie Pope, 22, joined six of their friends at an establishment known as "Lehigh Pub" in Bethlehem, Pennsylvania. This group apparently received very poor service, and waited over an hour for their order of french fries and chicken fingers (some accounts claim it was chicken wings and salad) to be filled. They had trouble obtaining drink refills and service was so lacking that they had to set their own table and refill their own sodas, according to Wagner and Pope. Their waitress was too busy standing outside smoking cigarettes to wait on them, they claim.

When the check finally arrived, these Lehigh Pub patrons found that in addition to charges of $73.87 for food, beverages and tax, a gratuity of $16.35 appeared on the bill. Wagner and Pope complained to the bartender about their unsatisfactory experience at this establishment. However, they paid the Lehigh Pub bartender $73.87 for the food and drink and tax, which he accepted, and declined to pay the additional gratuity of $16.35. The bartender accepted the $73.87, but then called the Bethlehem Police Department. The Bethlehem Police arrested Wagner and Pope for theft and lead them away in handcuffs. Wagner and Pope were charged and await an appearance in court (some accounts state that they are still waiting for a court date, and others report that they will go to court in December of 2009) in front of Judge Nancy Matos Gonzalez.

Reportedly, Lehigh Pub has a policy that a charge of 18% will be added to the bills of all parties of six or more. However, $16.35 is more than 22.13% of $73.87, which of course is the post-tax amount of the bill. Pennsylvania has a 6% sales tax on restaurant meals, and therefore the charge before tax was about $69.69. The gratuity of $16.35 imposed represents in excess of 23.46% of the meal cost of roughly $69.69, which is substantially more than 18%, so there is an inconsistency or an error somewhere. The charge of $16.35 is about 18% of $90.83.

The owner of the Lehigh Pub claims that a portion of the party's food and drink charges were "comped", that is, the bill was substantially reduced, apparently in recognition of the very poor or even nonexistent service the group received. Wagner and Pope state that this is incorrect, and claim that they paid the full bill except for the added gratuity charge of $16.35.

Stuart Bedics, Bethlehem Deputy Police Commissioner, whose appointment as Bethlehem Police Commissioner was announced November 13, 2009 by Bethlehem Mayor John Callahan, has stated that "Obviously we would have liked for the patron and the retail establishment to have worked this out without getting the police involved". However, the television news clips report that the police charged the couple with theft because the gratuity was part of the actual bill, and that Bedics doubts that these charges will hold up in court.

Obviously cowed by this demonstration of the power of the police and city government in enforcing even the unfair charges and policies of local business owners, Pope has stated in interviews that in the future she would just pay whatever bill she was presented with, no matter what.

This matter received media and internet attention starting about mid-November, 2009. Soon after, I received personal communications that allege the police no longer want to prosecute Wagner and Pope since the $16.35 fee (clearly far in excess of 18%) was listed as a "gratuity", rather than a service charge (does this change of heart of the police have anything to do with the publicity?). Also, the police representative stated that if Lehigh Pub had listed the $16.35 as a "service charge" instead of a "gratuity", Wagner and Pope would definitely be prosecuted. I guess this is apparently true even if the party that had this service charge levied on them had obtained substandard service, or even no service at all. It is interesting to me that the police were willing to arrest Wagner and Pope on October 23, 2009 on charges of theft, and then planned to charge them until this started to get media attention more than 3 weeks later, at which time they started to sing a different tune.

It has been reported that one of the owners of Lehigh Pub has stated that the story that has appeared in the media is incomplete. No further details are yet available.

On November 25, 2009, after plenty of media attention, the police announced they were dropping the charges. Wagner and Pope are scheduled to appear on CNN to discuss this episode on December 1, 2009.

At least several hundred, and probably several thousand reviews of the Lehigh Pub after this episode was publicized have been removed from Yelp! and rateitall.com and Metromix Lehigh Valley and other internet rating sites.

Interestingly Bethlehem Mayor John Callahan is contemplating a run for the Congress of the United States based on his allegedly superior management of the Bethlehem City Government (including of course, its police department) and his good judgement. When contacted about this issue, Callahan's campaign office has made no comment after several days.







Caveat:

This narrative is based on information I have culled from various news sources. It should be not be regarded as a definitive account; the actual facts might be different than what appears here.

There ought to be a law ... not!

From Pocono Record:

Editorial

There ought to be a law ... not!

November 30, 2009

Now and then a public official does something so sensible that people ought to take notice. After all, it's so popular to disdain these folks that giving them a deserved pat on the back is a welcome change.

Take John Morganelli, who's District Attorney in neighboring Northampton County. Last week the DA recommended to Bethlehem police that they drop theft-of-service charges against a local couple who failed to pay a tip for their food.

That's right. The tip, according to Lehigh Pub, itshould have been $16.87, and 22-year-old Leslie Pope and 24-year-old John Wagner didn't pay it.

The pub, apparently, automatically adds a service charge to parties over six, and states that policy on its menu. Pope and Wagner said service was slow on Oct. 23, and claimed their party of eight people had to wait more than an hour for their food. They had to refill their own drinks and get their own silverware. So when they paid the bartender on leaving, they stated they weren't going to pay the tip.

Talk about a publicity nightmare over a bad night out. The two college students were put in handcuffs. The pub got its name all over the news in its righteous indignation. Nobody won.

Meanwhile, what raises this kerfuffle to criminal level? Everyone knows that wait staff earn such paltry wages they rely on tips as part of their pay. But diners fail to tip at times. Sometimes it's an accidental oversight. Sometimes they miscalculate the bill and don't have enough money. Sometimes they want to withhold the tip to send a message that the service was lousy, as Pope and Wagner did. But making that a crime? That was short-sighted on the pub's part.

Morganelli opined that tips are generally volunteer and suggested that the cops drop the charges. The police commissioner agreed. Hallelujah!

Police have more weighty items on their agenda, murder, mayhem, armed robbery, burglary, assault, serious traffic accidents among them. Disputes over tips are between the wait staff and the diner or, at worst, rise to management. Now should a diner, say, walk out without paying the bill at all, that would be different. That would be theft. Police might have to be summoned.

But no tip? That's tough on the waiter or waitress, but it's no crime.

Thanks and a tip of the hat to Morganelli for recognizing the difference.

College students who refused to leave tip experience a hectic two weeks

From Express-Times November 30, 2009

College students who refused to leave tip experience a hectic two weeks

By Express-Times staff

November 30, 2009, 12:35AM

Leslie Pope and John Wagner, a pair of Lehigh Valley college students, watched 15 minutes of fame turn into 30 as the story of their arrest for declining to pay a mandatory service charge on their restaurant tab entered a second week.

Pope, a Moravian College senior, and Wagner, a Lehigh University graduate student, were still attracting interest in the days that followed the charges being dropped by Bethlehem police.

Interviews on CNN and Philadelphia television stations continued into a second week, and radio station and Internet blogs gave their plight momentum long after Pope figured it would subside.

“I had no idea,” Pope said last week about the blazing popularity of their choice to face arrest instead of pay a tip for what they claimed was poor service.

Watch video of Pope and Wagner being interviewed on NBC-10.

Pope's mother fielded many of the media requests from her Pottsville, Pa., home, all following the original Express-Times story that generated nearly 150 comments and nearly 9,000 votes to an online poll question.

Google Trends listed “Lehigh pub” as the 15th most-searched term Nov. 19 and rated it as “On Fire.”

The poll results ran 19-to-1 against the Bethlehem bar and restaurant and the feedback on Yelp.com, a Web site dedicated to reviews by patrons, was mostly unfavorable as well.

“I’ve eaten here a few times in the past two months,” Laura K. wrote in her pub review Nov. 20, “and the table service is not good — slow and inexperienced.”

Laura “L-Train” K., who has reviewed dozens of Lehigh Valley restaurants, did not respond to a request for an interview but her one-star rating spoke volumes.

Wednesday, November 25, 2009

Couple Arrested For Not Paying Tip

From MyFoxPhilly.com

Couple Arrested For Not Paying Tip

College Students Said They Had Lousy Service

BETHLEHEM, Pa. - A bar in Bethelem, Pa., takes its tipping policy very seriously.

A group of college students were at the Lehigh Pub last month. The restaurant tacked what it called a mandatory 18-percent gratuity onto the bill.

A couple of students refused to pay, saying they had lousy service.

The pub called the police, and the students – identified as Leslie Pope and her boyfriend, John Wagner – were handcuffed and arrested.

Mike, Jenn and Steve discussed the story Friday morning on "Good Day Philadelphia ."

Tips on tipping - deductions help

From the Morning Call:


Tips on tipping - deductions help


November 25, 2009

According to Brand X, Bethlehem police handcuffed two local college students and hauled them away because they did not give a tip to a Bethlehem waitress after she let them cool their heels for long periods while she went outside to smoke.

The two were in a party of eight who balked at a mandatory gratuity (a transcendent oxymoron) of $16.35 on top of a total tab of $73.87, it was reported last week by The Express-Times, a newspaper based in Easton. (I said ''Brand X'' because I could not bear to give credit to a competing paper in the very first paragraph.)

Last week's story indicated that the Lehigh Pub's menu stipulated there was an 18 percent tip charged for a large group, but 18 percent of $73.87 is only $13.30, not $16.35. There was no indication that the city police busted any restaurant people for trying to swipe an extra $3.05.

Instead, Lehigh Pub customers Leslie Pope, 22, a student at Moravian College, and John Wagner, 24, a student at Lehigh University, were charged with theft of services for failing to pay the bloated tip.

In addition to letting Pope, Wagner and their companions go hungry and thirsty while she smoked, last week's story said, the waitress made them wait for more than an hour for their salads and wings, and they were forced to go get their own drinks at the bar and to fetch their own napkins and silverware.

I had missed the story in the Express-Times, but when Dan Kilpatrick of Salisbury Township called to voice support for a Boy Scout I discussed in my column, he added some thoughts on the tipping flap.

''As a patron, it [tipping] is the only way you can have any control over the kind of service you get,'' he said. (Perhaps Kilpatrick brought that up because he remembered the harsh views I have expressed in previous columns about tipping.)

Since then, I have heard from others. Joseph Rospetti of Macungie said he saw that CBS and other news organizations had picked up the Express-Times story and were putting it on the Internet, and he asked me to look into it.

''Did I miss this story in The Morning Call?'' asked one man, whose identity I could not verify but who said he saw the story in a Chicago publication.

Fortunately, I now can rely on my favorite news outfit in the whole world for the latest poop on the tipping imbroglio.

The charges against Pope and Wagner, it was reported Tuesday on the front page of The Morning Call, are being dropped.

''It would not be the kind of case that should be processed criminally,'' Northampton County District Attorney John Morganelli was quoted as saying.

He indicated that if the people at Lehigh Pub want to go after anybody for that $16.35, or $13.30, or whatever, they will have to sic their lawyers on customers in civil court. If that happens, and if I find out about it in time, I promise to show up in court and let you know how it goes.

My own tipping practices, as I first discussed in this space years ago, are set forth by the Ginza Society, which I founded in 2002 because of my experiences with the superb waitresses in Tokyo's Ginza section, where zero tipping was customary.

Bad service should result in little or no tip at all, even in America, and I deduct 1 percent of my standard 20 percent tip for every item that is below par. (I used to think 15 percent was an acceptable starting point, but one of my daughters said that made me a boorish cheapskate.)

I do not deduct for bad food; that's not the fault of the waitress/waiter. Most of my deductions are for getting the order wrong or making me wait too long, especially when I need another drink or it's time to process the check. Anyway, there have been times I left only a quarter.

There is one other tipping practice that is not always a big hit with my wife. When service is exceptional, I go over the 20 percent mark, although I often tell her I'm doing it because I think a waitress is cute.

As for mandatory tipping for groups, you should immediately run for the door if you see that on a menu or in a sign. Any restaurant that tries to impose forced tipping without such a notification should be closed down and forced to pay for its entire staff to get a year of training in Tokyo.

Finally, there is one new rule I am adding to my Ginza Society handbook. It says that if we find out waiters and waitresses pool their tips and then share the money equally, there must be no tip at all. Pooling totally defeats the purpose of tipping, which should reflect how well a customer feels an individual has done his or her job. If it does not matter how an individual performs, a gratuity is meaningless.

To help us impose that rule, any restaurant that allows the pooling and sharing of tips should be required by law to put up a large sign to that effect, with penalties of up to a year in prison for any violations whatsoever -- and then we'll see how well the Bethlehem police enforce that.

paul.carpenter@mcall.com 610-820-6176

Paul Carpenter's commentary appears Sundays, Wednesdays and Fridays.

If it does not matter how an individual performs, a gratuity is meaningless.

OPINION: No need to call the cops or go to court: Tips are voluntary

From Express-Times Daily Newspaper:

OPINION: No need to call the cops or go to court: Tips are voluntary

By Express-Times opinion staff
November 25, 2009, 12:30AM

The decision by the Bethlehem police to drop theft charges against two college students who refused to pay an "automatic" tip at the Lehigh Pub was the right call.

Gratuities are a matter of discretion by the customer, not the owner or manager. Calling the cops to settle a dispute over a tip wasn't just an overreaction, it was an embarrassment to the two customers who were arrested and charged.

Tuesday, November 24, 2009

Couple handcuffed for not leaving tip

From Metro.co.uk News World:

Couple handcuffed for not leaving tip

Tuesday, November 24, 2009

A couple who didn't leave a tip after being made to wait an hour for their meal were hauled away in handcuffs and charged with theft.
Leslie Pope and John Wagner thought the service was so bad at the eaterie that it didn't warrant the mandatory service charge.

But the manager thought otherwise and called police.

'You can't give us terrible, terrible service and expect a tip,' said Ms Pope, 22.

The pair, from Bethlehem, Pennsylvania, are due to face court next month.

Theft Charges Dropped Against No-Tip Couple

From NBC Philadelphia:

Theft Charges Dropped Against No-Tip Couple

Couple to appear on CNN Tuesday

By DANIELLE JOHNSON

Updated 10:41 AM EST, Tue, Nov 24, 2009

Bethlehem Township police dropped theft charges against two college students who refused to leave a tip at a Lehigh Valley restaurant for what they said was lousy service.

John Wagner, 24 and Leslie Pope, 22, were hauled off to jail and charged with theft last month after they refused to pay a $16.35 mandatory service fee charged by the Lehigh Pub on East Fourth Street. The couple only paid $73.87 of the $90.22 bill.

The pair, who ate at the now infamous pub with six of their friends, claimed they waited more than an hour for their order. Pope claimed she had to go to the bar to get her drink refilled and pick up her own silverware.

Northampton County District Attorney John Morganelli said Pope and her friend were right and recommended to Bethlehem police that the charges against the couple be dropped, according to the Allentown Morning Call.

“It would not be the kind of case that should be processed criminally, Morganelli told the paper. “It was one of those matters that should be processed civilly.”

Pope, who has interviewed with media outlets across the country, told The Express Times, she is grateful she has be vindicated and looks forward to her day in court.

“It’s been six days. It didn’t take long,” she said.

The case captured national attention and bought into question whether customers should pay a tip regardless of the level of service they receive.

NBCPhiladelphia.com received more than 3 million hits for the couple's story alone and more than 2,000 viewers left their comments about the incident.

An attorney for the Lehigh Pub said he was a bit surprised by the news.

“We do not agree with the facts as presented in the press last week. Sheenan told the Morning Call. “This is the subject of an ongoing investigation by the Bethlehem Police Department, not Lehigh Pub, and we will defer to them as the legal process plays out.”

Both Pope and Wagner are expected to appear on CNN Tuesday.

First Published: Nov 23, 2009 4:58 PM EST

Tip refuseniks to see charges dropped

From philly.com, posted on Tue, Nov. 24, 2009


Tip refuseniks to see charges dropped

By Peter Mucha

Inquirer Staff Writer

Charges are expected to be dropped soon against two college students led away in handcuffs for refusing to pay an automatic gratuity at a Bethlehem tavern.
"It's not worth prosecuting. Gratuities are generally volunteer payments," Northampton County District Attorney John Morganelli said yesterday, according to the Lehigh Valley Express-Times.

The arresting officer is off today, but he'll formally withdraw the charges against John Wagner and Leslie Pope when he gets back, Capt. John Sarnicky said this morning.

On Oct. 23, Wagner, 24, a Lehigh University grad student and girlfriend Pope, 22, a Moravian College senior, were with six friends at the Lehigh Pub, where they ordered pitchers of beer, a soda, a salad, nachos, chicken wings and chicken fingers.

The group had to wait more than an hour for the food, fetch their own napkins and cutlery, go to the bar for a soda refill, and then wait for the bill while waitress caught a smoke outside, according to the couple.

Pope also wanted barbecue sauce for her chicken fingers, but didn't get a chance to ask the waitress.

"She never came over after we got our food to see if we needed anything," she said.

On the plus side, "the food was decent," the prices were "cheap," and first pitcher of beer and a refill were provided fairly promptly, Pope said.

Unhappy with the service, the couple told the manager they refused to pay the "18 percent gratuity" that the pub automatically adds for "parties of 6 of more," as stated on the menu.

"We felt no need to tip them for awful service," Pope said.

They paid about $73 for food, drink and taxes.

Then, without issuing any warning about getting the police, the manager walked out and got an officer at a nearby intersection, Pope said.

After some discussion, the pair wound up handcuffed, put in separate patrol cars and driven to a police station.

Handcuffs are standard procedure when transporting arrestees to the police headquarters, Sarnicky said.

Charged with theft of service - a summary offense since the amount was under $50 - the couple faced a hearing next month.

The pub declined several requests to tell its version of the events. Contacted yesterday, general manager William Sheehan simply read a statement: "We do not agree with the facts as they have been presented in the press last week. This is the subject of an ongoing prosecution by the Bethlehem Police Department, not the Lehigh Pub. We defer to them while the legal process is played out."

"If the pub wishes to pursue the charges, they'll have to do so civilly," Sarnicky said.

"I've never seen or heard of any circumstance like this," said Pat Conway, president of the Pennsylvania Restaurant Association, which represents 7,000 dining places. ". . . I'm surprised local authorities would even level charges."

"Most restaurants would go out of their way to accommodate customers," he said yesterday. "... It's a hospitality business."

Although servers depend on tips, they are optional, said Jeff Detzi, co-owner of Detzi's Tavern in Wind Gap, Pa., and president of the association's Lehigh Valley chapter.

"If you're not paying the food part of it, you can be arrested for that," he said. "As far as the tip is concerned, that is discretionary."

He also pointed out a downside of automatic gratuities: "There's no incentive to really do a great job."



--------------------------------------------------------------------------------
Contact staff writer Peter Mucha at 215-854-4342 or pmucha@phillynews.com.

Bethlehem police officially drop charges against students who refused to tip at Lehigh Pub

From Express-Times:

Bethlehem police officially drop charges against students who refused to tip at Lehigh Pub

By Express-Times staff

November 24, 2009, 9:32AM

One day after District Attorney John Morganelli announced he was recommending two college students who refused to pay a tip at the Lehigh Pub be cleared of criminal offenses, Bethlehem police have officially withdrawn the charges.

In a news release issued this morning, Bethlehem police say they are dropping the theft of services charge against Leslie Pope, 22, and John Wagner, 24. The two claimed they received horrible service Oct. 23 when they went to the restaurant with six other people.

As a result, they paid the bill, but refused to fork over a restaurant-imposed 18 percent gratuity. Police were called, and they were hauled off in a cruiser. Morganelli said Monday he felt the criminal charges were not warranted because gratuities are optional.

Police said this morning they are taking the advice of Morganelli, who said the case would not make it past the district court level.

Monday, November 23, 2009

Couple arrested over 'theft' for refusing to tip in restaurant

From UK Telegraph:

Couple arrested over 'theft' for refusing to tip in restaurant


A couple who refused to leave a tip after allegedly receiving bad service in a Pennsylvania restaurant were arrested by police after being accused of theft.

By Paul Thompson

Published: 5:47PM GMT 23 Nov 2009

Leslie Pope and John Wagner were handcuffed and hauled away after they failed to leave a restaurant's mandatory 18 per cent gratuity - totalling $16 (£10) - for their party of eight.

"Nobody wants to be forced to pay a tip or be arrested for terrible service," said Miss Pope, 22.

The couple, students at Moravian College in Bethlehem, Pennsylvania, had joined six friends at the town's Lehigh Pub for dinner. They claimed they had to wait almost an hour for their meal to arrive and Miss Pope said the service was so shoddy they had to get their own cutlery and napkins.

The group said they had to repeatedly ask for drink refills while their waitress smoked outside the pub.

At the end of the meal of salad and chicken wings, they were presented with a $73.87 bill. A $16.35 tip had been added as there was eight people in the party.

The group paid for the meal, but did not leave a tip. Mr Wagner, 24, said he explained to the manager why he was not leaving a tip.

The restaurant's owner admitted that the group had waited an unusually long time for their food, but said the pub had been very busy that night. He said managers offered to give the table a discount for some of the food, a claim the couple denied.

The restaurant called the police, and Miss Pope and Mr Wagner were led away in handcuffs.

Police said the pair were charged with theft, as the gratuity was part of the actual bill.

They are due to appear in court next month where they plan to contest the theft charges.

A spokesman for the Lehigh Pub said the restaurant menu makes it clear parties of six or more have a mandatory 18 per cent gratuity.

It is typical in the US to leave a 15- 20 per cent tip, and tables of six or more usually charge a mandatory 15 per cent tip.

Couple Busted for Refusing to Pay Tip

From NBC Philadelphia:

Couple Busted for Refusing to Pay Tip

Patrons claim service was so bad, they had to get napkins and silverware for themselves

By DAVID CHANG

First Published: Nov 18, 2009 9:44 PM EST

Updated 5:05 PM EST, Mon, Nov 23, 2009

If you’re frustrated by poor service at a restaurant, think twice before you decide to not tip. You may be in for a bit more than just a dirty look from the waiter.

"Nobody, nobody wants to be forced to pay a tip or be arrested for terrible service," Leslie Pope said when her happy hour ended in handcuffs.

Pope and John Wagner were hauled away by police and charged with theft for not paying the mandatory 18 percent gratuity totaling $16 after eating at the Lehigh Pub in Bethlehem, Pa. with six friends.

Pope claimed that they had to wait nearly an hour for their order and that she had to get napkins and silverware for the table herself.

“At this point I became very annoyed because I had already gone up to the bar myself to have my soda refilled because the waitress never came back,” Pope said.

After the $73 bill came, the group paid for food, drinks, and tax but refused to pay the tip. After explaining the bad service to the bartender in charge, Pope claimed he took their money and called police. The couple was handcuffed and placed in the back of a police car.

“I understand that, you know, we didn’t pay the gratuity, but it was a gratuity, it wasn’t something that was required,” said Wagner.

The owner admitted that the group waited unusually long for their food, but said the pub was extremely busy that night. He said managers offered to comp the food, a claim the couple denies ever happened.

“Obviously we would have liked for the patron and the establishment to have worked this out without getting the police involved,” said Deputy Police Commissioner Stuart Bedics.

Police charged them with theft since the gratuity was part of the actual bill. However, it is doubtful that the charges will hold up in front of a judge. The couple is scheduled to appear in court next month.

UPDATE: Theft Charges Dropped Against No-Tip Couple

Sunday, November 22, 2009

Pa. Couple Arrested For Failing To Pay Tip

From CBS 2 Chicago:

Nov 22, 2009 10:00 am US/Central Pa.

Couple Arrested For Failing To Pay Tip

College Students, Among Group Of 8, Refuse To Leave Gratuity Due To Poor Service At Lehigh Pub; Business Has Mandatory 'Service Fee' For Large Parties


BETHLEHEM, Pa. (CBS)

A couple was arrested after refusing to leave a mandatory tip at a restaurant where they claim the service was extremely poor.


Two Pennsylvania college students were arrested after staff at a restaurant where they dined called police about the couple's refusal to leave a mandatory tip.

Leslie Pope and John Wagner were dining with about six other people at Lehigh Pub in Bethlehem, Pennsylvania in October when the incident occurred.

The pair insists service was so horrible that the last thing on their mind was leaving any kind of tip.

They claim they had to wait at least an hour for their order, fetch their own silverware and beg the barkeep for drink refills.

"Gratuity is thanking you for your service," Pope, 22, told the The Express-Times online newspaper. "You can't give us terrible, terrible service and expect a tip."

The business reportedly charges a required 18 percent gratuity fee for parties of a certain size.

But Pope told The Express-Times that they were being told to pay $16.35 in addition to their $73.87 bill -- pointing out that the calculated service charge was much higher than 18 percent.

It was unclear why Pope and Wagner were the only ones of the group cited for theft of service. They pleaded not guilty to the charge and are awaiting their trial date.

The Express-Times say management for Lehigh Pub refused to comment on the story.

Lehigh Pub was listed on Yelp.com, an online review service for businesses in various U.S. cities that allows visitors to comment on their experiences.

There were dozens of comments dated between Nov. 20-21 blasting the business for poor service and some just reacting to news of the arrests. Many of the reviewers were located outside of Pennsylvania (and outside of the United States) according to their profiles.

One review from a user called "Laura K." wrote: I've eaten here a few times in the past two months and the table service is not good - slow and inexperienced. I'm not sure what happened to the old waitstaff who was here when it was the Bridgeworks.

Another user, "Matthew P.", had this to say: I've been here only once. With my parents, and an ex-girlfriend. The service was horrible, and the food, while not terrible, was certainly not even remotely worth the hassle.

A visitor to the site whose location is listed as Venice, Calif., "Craig T.", tried to explain the situation: If a restaurant says the price of a burger is $10 in their menu, it's non-negotiable - regardless of whether you enjoy the burger or not. Correct? Now, you may ask for the objectionable burger to be removed from your bill - and the restaurant in question might OPT to remove that charge for the sake of your future business - but it is not YOUR RIGHT not to pay for that item. ... It is not your right to dispute an 'included gratuity' AFTER you've enjoyed (or not enjoyed) the service provided.


(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

Friday, November 20, 2009

Why Restaurant Owners Are Exploding

From Slate "The Big Money; Daily Bread, the Business of Food"

Why Restaurant Owners Are Exploding


By Dan Mitchell

Posted Friday, November 20, 2009 - 2:19pm

Restaurateurs are going through hard times. So hard that some of them are starting to lash out, either at their customers or at their own employees.

In Bethlehem, Pa., two college students received what they said was terrible service at the Lehigh Pub. That establishment, like many others, tacks on an 18 percent "gratuity" to every bill for large parties—in this case, six or more. The two students, who were with four friends, refused to pay the tip, and were arrested.

As Larry David hilariously pointed out in a recent episode of Curb Your Enthusiasm, such gratuities are gratuitous. They shouldn't exist, and waiters should be tipped according to the level of service they provide, no matter how large the party. That, after all, is the operant idea behind tipping.


From what the college students—Leslie Pope and John Wagner—said about their experience at the Lehigh Pub, the waiter deserved nothing. They had to fetch their own silverware and napkins while their waiter was out smoking. They had to ask the bartender for soda refills. They waited more than an hour for their meals.

The bill, sans the "tip" of $16.35, came to $73.87. The Lehigh Pub took the money but then called the cops, who arrested the two for theft of service.

"Gratuity is thanking you for your service," Pope told the Lehigh Valley Express-Times. "You can’t give us terrible, terrible service and expect a tip."

According to the NBC affiliate in Pennsylvania, the restaurant offered to comp the meal itself, but the couple refused, apparently on principle. Dan Jaffe of the DUI Attorney blog wrote: "On what planet does the logic of offering a $73 dollar comp, which was declined, justify going after the couple for paying the $73, but then refusing to pay the 'required' $16 tip?"

Since news of the arrest broke a few days ago, people poured onto the Lehigh Pub's Yelp page to give bad reviews. As of this writing, there are 381 reviews with an aggregate rating of one star. The overwhelming majority of those came since the arrest, but earlier ones, written by people who had actually dined there, rated the place anywhere between terrible and mediocre.

The couple have pending court dates.

In terms of sheer rage, however, no restaurateur beats Vadim Ponorvsky, owner of Paradou in New York's meatpacking district.

Gawker got ahold of an e-mail Ponorvsky sent to his employees, berating them with abusive language and threats for not collecting enough e-mail addresses from diners. Presumably, he wants to spam his clientele, which just makes the whole thing that much more insane. (Who wants their waiter asking for their e-mail address?)

The language in Ponorovsky's lunatic rant is probably too blue for my editors to accept, or else I would paste in some of the e-mail here. But check out the Gawker post and feel the rage. It's really quite something.


Dan Mitchell has written for The New York Times, The Chicago Tribune, The MInneapolis Star-Tribune and Wired.

Couple arrested for not tipping

From the Mercury News Serving Pottstown PA and the Tri County Area:

Couple arrested for not tipping

Published: Friday, November 20, 2009


A couple in Bethlehem were arrested for not paying an included 18 percent gratuity in a bill after they ate at the Lehigh Pub. The couple said the service was horrendous.

Couple arrested for not paying tip

from Wired PR News:

Couple arrested for not paying tip


2009-11-20 02:40:19 (GMT) (WiredPRNews.com - Law, News)


A Pennsylvania couple was arrested after refusing to pay a tip at a local pub.

Bethlehem, Pennsylvania (WiredPRNews.com) – A couple was arrested and charged with theft following their refusal to pay a mandatory gratuity after eating at a Pennsylvania pub. As reported by NBC Philadelphia news, Leslie Pope and John Wagner paid their food and drink bill after dining with friends at the Lehigh Pub, but refused to pay a $16 tip due to complaints of bad service, which led to a bartender reporting them to police.

Wagner is quoted in the report as stating of being arrested for not paying the tip, “I understand that, you know, we didn’t pay the gratuity, but it was a gratuity, it wasn’t something that was required.”

A court date for the couple has reportedly been set for next month; however, there is doubt that the charges will stand.

WiredPRNews.com – The latest in Legal News

Tags: bartender, gratuity, Pennsylvania, Philadelphia, Pub, theft, Tip

Tiffany Cherry - WiredPRNews.com Press Release Reporter · Filed Under Law, New

Students arrested for not paying tip

From 6 Action News, WPVI-TV Philadelphia, PA:

Students arrested for not paying tip

Friday, November 20, 2009

Nora Muchanic

BETHLEHEM, Pa. - November 19, 2009 (WPVI) -- A local college student and her boyfriend went to a restaurant in Bethlehem, Pa.... and came out in handcuffs.



Leslie Pope, a senior at Moravian College, was with her boyfriend John Wagner, a grad student at Lehigh, and a handful of friends at the Lehigh Pub last month.

Pope said the service was horrible.

"It was absolutely awful. You just, kind of, don't expect that,' she said.

"It took over an hour for the wings and salad to get out," said Wagner.

Pope and Wagner said their waitress was missing in action. Leslie had to go get napkins, silverware and drink refills.

So, when the tab came, the group paid for everything else, but refused to pay the $16.35 gratuity tacked on to the check. That amount, they said, was a 22% tip, not the 18% charged to large parties.

"That was sort of the breaking point where this is ridiculous. We shouldn't have to pay for this poor service and we shouldn't have to pay this extra money," said Wagner.

When Pope and Wagner wouldn't pay the full tip, pub personnel called police and the two were arrested and charged with theft of services.

"I was sitting in the back of a cop car and I was like this is really happening? I actually just got arrested for not paying a tip!" said Pope.

Managers at the pub wouldn't comment to Action News. Professor Robert Kuchta, a Lehigh University marketing professor, says customers have an expectation of service, so it's fair to ask:

"Did I really get what I paid for? Do they have a legitimate complaint? Probably."

Pope and Wagner have pleaded not guilty and have a court date in December. It's unlikely they will get jail time.


(Copyright ©2009 WPVI-TV/DT. All Rights Reserved.)

Editorial: Is not tipping a crime?

From "The Brown & White"

Editorial: Is not tipping a crime?

Issue date: 11/20/09 Section: Opinion


Two local college students were recently transported to the Bethlehem police headquarters after failing to pay a mandatory tip at the Lehigh Pub. The students had gone to happy hour with a group of friends and, after reportedly terrible service, refused to pay a tip.

At first glance, refusing to pay a service charge can seem obnoxious. Waiters work for notoriously low wages, and even awkward or inattentive servers deserve some gratuity. The incident at the Lehigh Pub, however, doesn't seem to be iffy service. The group reported waiting for over an hour for salad and wings, and had to serve themselves water, napkins and utensils while their waitress was outside on a smoke break.

If a waiter is that terrible, does he or she deserve a tip? Are waiters completely entitled to gratuities, no matter what?

Most waiters deserve to be tipped, even if they make mistakes - forgetting to refill water or acting a bit short is no reason to shortchange a waiter. But a waiter that can't even fulfill the most basic expectations isn't entitled.

Good service, or even decent service, is so crucial to a customer's return and to a restaurant's image. Having students arrested who didn't pay a tip only highlights the Pub's terrible service. Was the bad publicity worth the $16 tip that would have been lost?

Thursday, November 19, 2009

Local couple arrested for skipping out on tip

From Philadelphia City Paper Meal Ticket:

Local couple arrested for skipping out on tip

Thursday, November 19th, 2009 at 6:20 pm
posted by Felicia D'Ambrosio



David Chang (no, not that one) writes on the NBC Philadelphia site today:

[Leslie] Pope and John Wagner were hauled away by police and charged with theft for not paying the mandatory 18 percent gratuity totaling $16 after eating at the Lehigh Pub in Bethlehem, Pa. with six friends.

Pope claimed that they had to wait nearly an hour for their order and that she had to get napkins and silverware for the table herself.

After the $73 bill came, the group paid for food, drinks, and tax but refused to pay the tip. After explaining the bad service to the bartender in charge, Pope claimed he took their money and called police. The couple was handcuffed and placed in the back of a police car.

Arresting officers charged the two with theft, since the gratuity was considered part of the actual bill. Chang opined in the piece that the charge is unlikely to hold up in court, where the couple appear next month.

Seriously though, dinner for eight people ringing up to just $73 with tax? For that kind of deal, maybe you should be getting your own silverware and drink refills.

Bethlehem couple arrested for not leaving tip at Lehigh Pub

From Examiner:

Bethlehem couple arrested for not leaving tip at Lehigh Pub

November 19, 10:28 PM

DC Restaurant News Examiner Kenan Dunson

When Leslie Pope and John Wagner decided to drop by happy hour at the Lehigh Pub in Bethlehem, Pa. with six friends, they had no idea that their visit would end with them handcuffed, in the back of a police car.

The couple and their friends amassed a $73 bill that they had no problem paying, but the service was so poor that they refused to cough up the mandatory 18% tip. They say they waited almost an hour for chicken fingers and fries and Pope had to go to the bar to get napkins, silverware and refills on her soda because the server was missing in action. After explaining the service shortcomings to the bartender in charge, and offering payment for food, beverage and tax, Pope claims that the bartender took their money and called the police.

When the law arrived, the couple was handcuffed, placed in the back of a police car and later charged with theft. Bethlehem’s Police Commissioner, Stuart Bedics, stated that the police would prefer to have not been involved, but the couple was arrested for theft because the gratuity was deemed a part of the bill. He does not think the charges will hold up in court.

The question remains: Will the court ruling set precedent in the service industry that restaurants can arbitrarily make tipping mandatory? As it stands, parties of six or more are often times mandated to pay gratuity of anywhere from 15% to 20%. If the charges against Pope and Wagner stand and not tipping becomes an enforceable offense, will servers relax service on tables with a tip mandate to attend to those smaller parties that can stiff them at will?

We will not know until Pope and Wagner appear in court next month. But until then, if you feel burned by bad service at a restaurant, think again before you choose not to tip. You may be in for more than a hard look from the server!

Tuesday, November 17, 2009

No tip leads to trip in police cruiser for pair of local college students

From Express Times Daily Newspaper:

No tip leads to trip in police cruiser for pair of local college students

By Express-Times staff

November 17, 2009, 12:32AM

Moravian College senior Leslie Pope and John Wagner, a Lehigh University graduate student, were handcuffed and transported from the Lehigh Pub to Bethlehem police headquarters Oct. 23 after failing to pay a mandatory 18 percent gratuity.

Pope and Wagner, members of a party of eight during happy hour, refused to pay a $16.35 service charge on top of their $73.87 tab because of what they say was shoddy service as well as a surcharge that was nearly 5 percent higher than the 18 percent listed on the menu.

“Gratuity is thanking you for your service,” Pope, 22, said. “You can’t give us terrible, terrible service and expect a tip.”

The group reportedly had to wait more than an hour for salad and wings and had to approach the bar themselves for drink refills and find their own napkins and silverware as their waitress smoked outside.

The general manager of the Lehigh Pub, at 4 S. New St., declined to comment.

Pope and Wagner, 24, have pleaded not guilty and await a summary trial before District Judge Nancy Matos Gonzalez.

“It is minorly ridiculous,” Pope, a native of Pottsville, Pa., said.

What do you think? Were Pope and Wagner correct in refusing to pay the required gratuity? Feel free to leave a comment below and take the time to participate in the online poll question.

Sunday, November 1, 2009

Lehigh Pub mixes old and new

From Topix Local News: Bethlehem, PA:


Lehigh Pub mixes old and new

Retail Watch; Scanning the Storefronts

May 17, 2009

Bridgeworks Irish Pub and Grille is changing its face after nearly 30 years of business.

The south Bethlehem establishment changed ownership in mid-March and was closed for renovations to do some updating, said co-owner Darryl McElroy.

The place reopened just days ago with some notable changes.

There are new flat-screen televisions inside, and the name will be changed to Lehigh Pub, just as soon as the business gets the OK from the city to change the signs outside the brick structure. The operating hours have been extended to 2 a.m. in hopes of attracting business from a younger crowd, particularly nearby Lehigh University.

''We are just trying to get diversity,'' McElroy said. ''Everybody knows us as a lunch and dinner place. We are just trying to get a later crowd so we can continue paying our bills.''

McElroy added that the place has retained some of the legendary Bridgeworks staff and food menu, including such longstanding items as corn beef and cabbage, baby back ribs and French onion soup.

Now, on to the battle of fast-food chains: There was a match between Popeyes and Checkers in south Allentown.

The franchisee who recently signed the deal to open the the new Popeyes Louisiana Chicken at 1756 S. Fourth St. was actually considering a Checkers at the spot instead. The franchisee, whose name was not immediately available, also has the franchise of the recently opened Popeyes on Hanover Avenue in east Allentown.

Derek Zerfass of the commercial real estate firm Colliers Lanard & Axilbund said the franchisee did consider opening a Checkers, but decided Popeyes would be a better fit for the location.

Zerfass added that the franchisee is still looking at local locations to open a Checkers.

Checkers is known for its two-sided drive-through concept and burgers and fries. The chain isn't in the Lehigh Valley and remains on the wish list.

The closest Checkers to the Valley is all the way in Philadelphia.

In other retail news: (more items at http://blogs.mcall.com/retailwatch )

The Coffee Grinder, a staple retailer in the Lehigh Valley Mall, closed up shop in early May.

The Grinder, which dates to at least the early 1980s, served beverages like espresso, cappuccino and iced treats.

The place was on the second level, just outside the Aeropostale clothing store.

Daniels BMW is looking to alter its facility in the 4600 block of Crackersport Road to add a Mini Cooper car dealership.

According to South Whitehall Township records, Daniels is seeking to alter its BMW dealership parking lot to construct a 4,992-square-foot showroom and office building.

This will be the first Mini dealership in the Lehigh Valley. This looks like an ideal fit for Daniels since Mini is owned by the BMW group.

On April 25 the Ground Round restaurant closed on Grape Street in Whitehall Township.

This location, which was owned by a franchisee, was the last remaining Ground Round in the Valley. The Ground Round location at 3730 Nazareth Pike, Bethlehem Township, closed in 2006. The chain is known for encouraging diners to throw peanut shells on the floor. Colleagues recall the floor also littered with popcorn.

Struggling coffee chain Starbucks has closed its location off Route 100 in Lower Macungie Township. The closure comes just weeks after the Starbucks on Hamilton Boulevard in Trexlertown shut its doors. The closings were no surprise, though. Let's not forget the Seattle-based company said the two locations were on the chopping block among hundreds planned to close nationwide for shoring up resources.

The former Redner's Warehouse super market at the Northampton Crossings shopping center will be a Hobby Lobby, an Oklahoma-based arts and crafts store. This is the first location for Hobby Lobby in Pennsylvania.

Armando's Pizza has finally opened at 1065 MacArthur Road, Whitehall Township. The building was once a Subway sandwich shop.

Cici's Pizza is scheduled to open on May 18 at the new shopping center right by the Sonic Drive-In on Route 248 in Nazareth.

A Subway sandwich shop will be opening on May 28 at 1525 Easton Ave., Bethlehem.

I reported in the paper a few days ago that AutoZone has been given preliminary approval by Allentown development officials to open a store at the former Ruhe Pontiac at Tilghman and 15th streets. C'mon, how many auto parts stores does an area need? With AutoZone, the tally will be at a bustling four, which are all in a very short distance of each other.

Retail Watch keeps track of new store, restaurant and bank development in the Lehigh Valley. Have a question about a retail construction project, a store opening or a chain you'd like to see come to the area? Call business reporter Tyrone Richardson at 610-820-6779, or e-mail retailwatch@mcall.com. Retail Watch appears every Sunday.