The cost of the meal is clearly printed on the menu. This cost includes the meal preparation and delivery to my table.
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I’d call this Kidnapping - being held hostage, against your will, for money is generally considered kidnapping.
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And if the menu clearly states that a certain percentage will be added for groups over a particular number, and you are at that threshold, do you still contend that it is kidnapping?
Or is it simple theft on the part of the patrons?
I guess I must be stupid. Is it easier to serve 6 different people at 6+ different tables with 6+ separate checks, than to serve 6+ people at a single table with a single check (or even multiple checks)?
Same meals, same menu, same prep, same drinks - they are just condensed into a tigher space. If 25 people require more support, then you adjust your wait staff to accomodate. It isn’t rocket science.
Seems to me, that a group of 5+ is much easier, requires less legwork, less paperwork, less space and less confustion than individuals.
Now, a resturant is free to have any policy they want; however in my experience, the number of people at a table is not “clearly written on the menu”, it’s usually in small print at the bottom of the menu. It’s on the menu, but specifically designed to be over-looked by the casual observer.
My policy is simple - my wife and I often agree on a tip, and as tips go we are in the 15-40% range. Our policy is this - if there is a minimum tip, that’s what they get. If they don’t force the issue, we often tip more. But, for this we expect a few basic services, like not having to track our servicer down to refill our water/soda.
If it's a contract issue, then wording is everything. If a "percentage" is added, then the diners are SOL. If a "gratuity" is added, then it is arguably optional, even though it was added to the bill - because the definition of "gratuity" includes "optional," so the adding of it to the bill would merely be a convenience calculation, but not an agreed amount of payment.