If the DA decides to pursue the charges, you would be right.
However, I suspect that you are wrong.
Couple Busted for Refusing to Pay Tip
- Thread starter Malibook
- Start date
However, I suspect that you are wrong.
Yes, I mentioned that in #12 as well. Also the article in the local paper (two above) mentions that it was a party of eight and a service charge would be typical for a party that size at a restaurant.
Culturally the Leigh Valley is distinct from Philadelphia and "Southeastern Pennsylvania"Bethlehem, Pennsylvania, but don't let facts get in the way.
Well, in the same way, the service provider does not have the right to unilaterally decide to give lousy service ( allegedly ) if they are instilling a mandatory service charge ( which I hope is clearly marked on the menu in bold ). They are committing to provide a service and if they aren't, then does the customer have the right to not pay that charge ?
If there was a note on the menu or a sign posted saying that the tip would be included then the tip is part of the bill, pay it. Don't like the service? Don't come back, and tell all your friends that the place sucks. If they get enough people badmouthing them they will go out of business, tip is not really the make/break for a restaurant.
That said assuming they were a couple, not part of a larger group, it's unusual for tip to be mandatory for a couple. It's usually only for larger groups--but in any case, if it was posted/written somewhere they owe it.
If there was NO note on the menu and NO sign posted and the first they heard of the tip being mandastory was when it appeared on the bill that they got AFTER ordering and AFTER eating, then the restaurant is full of shit.
In either case arrest/theft seems ridiculous. They did not attempt to flee from the restaurant without paying. They disputed their bill. They stayed to have a conversation about it, identify themeslves, and such.
To call that theft is ludicrous. It's a civil dispute over a debt owing.
That said assuming they were a couple, not part of a larger group, it's unusual for tip to be mandatory for a couple. It's usually only for larger groups--but in any case, if it was posted/written somewhere they owe it.
If there was NO note on the menu and NO sign posted and the first they heard of the tip being mandastory was when it appeared on the bill that they got AFTER ordering and AFTER eating, then the restaurant is full of shit.
In either case arrest/theft seems ridiculous. They did not attempt to flee from the restaurant without paying. They disputed their bill. They stayed to have a conversation about it, identify themeslves, and such.
To call that theft is ludicrous. It's a civil dispute over a debt owing.
The taxes are a STATE LAW and HAVE to be enforced. A "policy " is something MADE UP by the owner.
Thank you for stating the obvious but what is your point?
Nobody is claiming that the restaurant must have this policy.
Unless this policy is illegal or not plainly visible, you agree to pay it when you enter and order.
Theft Charges Dropped Against No-Tip Couple
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.
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.
”Northampton County District Attorney John Morganellithan said Monday that the case was not worth prosecuting “Gratuities are generally volunteer payments.”*
I wouldn't be surprised if the Pub is on its way out of business, inasmuch as of the 8,500 who participated in a poll run by the local newspaper 96 percent favored the students.
http://www.lehighvalleylive.com/bethlehem/index.ssf/2009/11/readers_of_lehighvalleylivecom.html
* I'm a bit surprised at this method of doing things, in the jurisdictions I'm familiar with, the Prosecutor states that they are declining to prosecute i.e. dismissing the charges and that is that.
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