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.