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Diabetic's discrimination lawsuit against restaurant is hard to swallow
A Studio City sushi restaurant is taken to court by an all-you-can-eat customer.
David Martin was in the mood for raw fish, and he liked the deal offered by a Studio City sushi restaurant: all you can eat for $28.
He took a seat at the counter and started ordering. But it turned out that Martin didn't really want sushi, which includes rice; he wanted all-you-can-eat sashimi, which is just fish. He began picking the seafood off the top and leaving the rice.
Restaurant owner Jay Oh told Martin that if he wanted the all-you-can-eat price, he'd have to eat the rice too and not just fill up on fish. Martin replied that he has diabetes and that he can't eat rice.
Oh said he offered to prepare sashimi for Martin. Two orders of sashimi cost $25, or $3 less than the all-you-can-eat sushi deal. But Oh said Martin declined the offer.
Martin left the restaurant after being charged a la carte prices for the sushi he'd already ordered plus $1 for a cup of green tea.
Two weeks later, Martin filed suit in Los Angeles County Superior Court. It seeks at least $4,000 in damages for the "humiliation, embarrassment and mental anguish" Martin says he suffered after being discriminated against "on the basis of his disability."
Discrimination, or shakedown?
Oh says it's the latter, and is determined to go to trial, even if the eventual legal cost tops the $6,000 Martin subsequently demanded to make his lawsuit go away.
"I have to fight this," Oh told me over green tea at A Ca-Shi Sushi before the dinner rush. "Why do I have to give this person money? I didn't do anything wrong."
Martin couldn't be reached for comment. But his attorney, Stuart E. Cohen, said that "we are not after money, but a change in A Ca-Shi's thinking and policy."
"I would rather like to see A Ca-Shi succeed on a level playing field, not a discriminatory one," he said.
I should note here that I have Type 1 diabetes and I can sympathize with the frustration Martin feels in not being able to eat anything he'd like. This is a difficult disease to manage, requiring willpower and discipline.
That said, I'm with Oh on this one.
If it's Oh's policy that you eat everything you're served if you want the all-you-can-eat price, then that's the policy. If you don't like it, don't go there again. Or pay the a la carte price and eat whatever you want. Or order the sashimi for goodness' sake and don't make such a fuss.
"The rice is part of the all-you-can-eat sushi," Oh said. "If you only eat the fish, I would go broke."
A Studio City sushi restaurant is taken to court by an all-you-can-eat customer.
David Martin was in the mood for raw fish, and he liked the deal offered by a Studio City sushi restaurant: all you can eat for $28.
He took a seat at the counter and started ordering. But it turned out that Martin didn't really want sushi, which includes rice; he wanted all-you-can-eat sashimi, which is just fish. He began picking the seafood off the top and leaving the rice.
Restaurant owner Jay Oh told Martin that if he wanted the all-you-can-eat price, he'd have to eat the rice too and not just fill up on fish. Martin replied that he has diabetes and that he can't eat rice.
Oh said he offered to prepare sashimi for Martin. Two orders of sashimi cost $25, or $3 less than the all-you-can-eat sushi deal. But Oh said Martin declined the offer.
Martin left the restaurant after being charged a la carte prices for the sushi he'd already ordered plus $1 for a cup of green tea.
Two weeks later, Martin filed suit in Los Angeles County Superior Court. It seeks at least $4,000 in damages for the "humiliation, embarrassment and mental anguish" Martin says he suffered after being discriminated against "on the basis of his disability."
Discrimination, or shakedown?
Oh says it's the latter, and is determined to go to trial, even if the eventual legal cost tops the $6,000 Martin subsequently demanded to make his lawsuit go away.
"I have to fight this," Oh told me over green tea at A Ca-Shi Sushi before the dinner rush. "Why do I have to give this person money? I didn't do anything wrong."
Martin couldn't be reached for comment. But his attorney, Stuart E. Cohen, said that "we are not after money, but a change in A Ca-Shi's thinking and policy."
"I would rather like to see A Ca-Shi succeed on a level playing field, not a discriminatory one," he said.
I should note here that I have Type 1 diabetes and I can sympathize with the frustration Martin feels in not being able to eat anything he'd like. This is a difficult disease to manage, requiring willpower and discipline.
That said, I'm with Oh on this one.
If it's Oh's policy that you eat everything you're served if you want the all-you-can-eat price, then that's the policy. If you don't like it, don't go there again. Or pay the a la carte price and eat whatever you want. Or order the sashimi for goodness' sake and don't make such a fuss.
"The rice is part of the all-you-can-eat sushi," Oh said. "If you only eat the fish, I would go broke."
There radio jingle was you can eat everything you want at Alices resatuarant
When i got there I didn't want to eat any of it. It was the most appauling concoction of stews and dumplings and old stocge left over greens and stuff
you pay $3 at the door so by the time you see whats on offer its too late
But I did see some of those logging guys in the check shirts pouring bowls of stew down their throats
I never go near those eat the lot places
Usually its noodle bars for a £5 but you got to really like noodles to get your moneys worth
a solution would be to mash up all the fish and mix it in with the rice
and if thats the chefs recipie well too bad
i would not bet on the customer winning in Court
anyone who was vegetarian was considered a nut case. Most of the food at home was a lot better and mostly fresh stuff
in the UK now everything seems to be packaged from the salads to the fruit and seafood
I think this is mostly for the convenience of the supermarkets rather than the customer.
Youngsters now days only see food in a box
The dangerous point came when they seemed to discover that they could basically make cardboard taste good by the use of additive
and from then on the quality became of little importance,There is no excuse now of not knowing, but they have got us all HOOkED.
fast food Junkies