Posted on 04/21/2008 12:14:51 PM PDT by LSUfan
A Baltimore couple has filed a federal civil rights lawsuit against the Islamic investment bank that owns the Church's Chicken fast-food chain, alleging their franchise failed because the bank's strict adherence to the religious code of Shari'ah prohibited the couple from selling pork.
Marcus and Denise Beasley, who are black, claimed they were treated differently by the bank, now known as Atlanta-based Arcapita Inc., than non-black franchisees who were allowed to continue serving breakfast dishes containing pork after the chain was acquired by the bank in December 2004.
The couple did not benefit from the grandfather policy allowing the sale of pork even though their contract with the chain's former owners, AFC Enterprises Inc., to open a location in Baltimore/ Washington International Thurgood Marshall Airport's new terminal predated the takeover and policy change, according to the suit filed Tuesday in U.S. District Court in Baltimore.
In the lawsuit, which seeks $5 million in actual damages, $5 million in compensatory damages and $10 million in punitive damages, the Beasleys contend the bank's "stated reason" for disallowing the sale of pork in their case -- they had not yet opened for business - - was "pretextual."
"Arcapita permitted all of the other breakfast franchisees, which were approximately 30 Church's Chicken restaurants, to do so, all of which were owned by persons who are non-African American or Caucasian," the complaint states. "Of the Church's Chicken breakfast franchises that existed when Arcapita acquired the chain, plaintiffs are the only ones who are African American."
Calls to Arcapita were not returned Wednesday.
Shari'ah law
The Beasleys began negotiations with Atlanta-based AFC in May 2004 and inked a franchise agreement Dec. 17, 2004.
Church's Chicken, which serves American Southern comfort food, was founded in San Antonio in 1952 and has approximately 1,500 franchises worldwide, some of which trade as Texas Chicken, according to the company's Web site.
On Dec. 26, Crescent Capital Investments Inc., the U.S. affiliate of Bahrain-based First Islamic Investment Bank BSC, bought Church's, according to the suit. First Islamic changed its name to Arcapita in March 2005, the compliant states.
In April 2005, the Beasleys entered into a sublease with BAA Maryland Inc., the developer of retail and concession space in the airport, to operate their restaurant in the Pier A/B Core Food Court, according to the suit. The franchise's menu, which included pork items, had to be submitted for approval and became part of the sublease, the suit states.
According to the complaint, the Beasleys had been assured they would be receiving the same letter Arcapita had sent to other existing franchisees, which said the parent company would not be collecting royalties on pork products.
But "approximately one week before" the Beasleys' May 18 opening, the suit states, Arcapita informed them that, as new franchisees who had not yet opened, they may not serve pork, which Islam considers unclean.
The restaurant opened on schedule -- but never served pork -- and closed in late July 2006.
Substantial losses
Part of the "substantial economic losses" the Beasleys suffered was the loss of their house, according to their attorney, Paul M. Vettori of Kenny & Vettori LLP in Towson.
"As the result of the failure of their business at the BWI airport, they were unable to repay the bank for the loan they took out and the [home] was sold at foreclosure," Vettori said.
Vettori declined to comment on other aspects of the suit, including other potential reasons for the short tenure of the restaurant.
Vettori is also the latest attorney to represent the Beasleys in a separate breach of contract suit against AFC, Arcapita, BAA Maryland and the Maryland Aviation Administration. That suit, filed in February 2007, is working its way through the Anne Arundel County Circuit Court.
James C. Rubinger of Plave Koch PLC in Reston, Va., who represents Arcapita in the state case, did not immediately return a call seeking comment Wednesday.
Islamic Bank? I thought it was kafir to borrow or lend money for interest—
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I would think that it would be tolerated if the intent was conquest of us unbelievers, after all they allow and encourage lies and deception in addition to slavery and murder for religious edicts.
Two words: break fast.
People who want an egg and bacon or egg and sausage sandwich aren't going to buy at a place that offers no breakfast meat.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...”
— The First Amendment
“Ever hear of separation of church and state?”
Not in the U.S. Constiution, no.
All it forbids is the establishment of an official state religion, such as the Roman Church or the Church of England.
I have heard of it before, but am not sure of its origin. Those words certainly are not in the U.S. Constitution. A Nation is its people, it is individuals, not the State and not the Government. The Government is a necessary evil, nothing more. If there was a statement along the lines of "we should be a Christian Government" then you would, perhaps, have a point. The left throws around 'Separation of Church and State' quite a bit and is usually utilized in areas where government has no business in the beginning. "Congress shall make no law....' means just that, nothing more, nothing less.
Depends on how hungry you are. Given the quality and the cost of most airport good, I think most of their clientèle will eat whatever you put on the menu, most of the time I think they’re just looking for the least unappetizing thing on the menu.
You're unfamiliar with it, yet you're certain about what it contains?
Who are you? God?
Not at all they are merely pointing out that there is no such thing as separation of church and state.
“I’ll bet you there’s nothing in Chik-fil-a’s franchise agreement that prohibits being open on Sunday because of the Sabbath.”
I believe it gives a choice of Saturday or Sunday, and some in malls are open on both.
Arabs gave us coffee in the first place, I guess. For myself, I will not knowingly patronize any Islamic-owned business.
Ah, I didn’t know Church’s was a breakfast joint too. I figured they were chicken, like KFC or Popeyes. I’d still think though, that they’d be ok even without a breakfast trade at a place like BWI. That’s only a few hours in a day. Wouldn’t think it would make or break a business - but then I don’t work in fast food, lol.
Nope, they all have to close on Sundays regardless of location.
“Chick-fil-A founder S. Truett Cathy is a devout Southern Baptist who has taught Sunday School for over 44 years and whose religious beliefs permeate the company to this day. The company’s official statement of corporate purpose says that the business exists “to glorify God by being a faithful steward of all that is entrusted to us and to have a positive influence on all who come in contact with Chick-fil-A.” The chain invests heavily in community services (especially for children and teenagers) and scholarships. Cathy’s beliefs are also responsible for one of the chain’s distinctive features: All Chick-fil-A locations (company-owned and franchised, whether in a mall or freestanding) are closed on Sundays.
“ Our decision to close on Sunday was our way of honoring God and directing our attention to things more important than our business. If it took seven days to make a living with a restaurant, then we needed to be in some other line of work. Through the years, I have never wavered from that position. „
—S. Truett Cathy”
Also, nearly all malls have a policy that all tennants must be open when the mall is open.
You’re unfamiliar with it, yet you’re certain about what it contains?
Who are you? God?
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Fron the excerpt (below) you can see that at the time they bought and paid for the franchise AND SIGNED THEIR CONTRACT other existing franchisees were allowed to sell pork ... BUT BEFORE THEY OPENED the towelheads changed the rules and forbid the sale of sausage/ham/bacon etc. , this was 1 week before their opening after they were already on the hook for many years of lease payments , capital improvements , hiring and training staff and many other expenses.
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(from the article)
In April 2005, the Beasleys entered into a sublease with BAA Maryland Inc., the developer of retail and concession space in the airport, to operate their restaurant in the Pier A/B Core Food Court, according to the suit. The franchise’s menu, which included pork items, had to be submitted for approval and became part of the sublease, the suit states.
According to the complaint, the Beasleys had been assured they would be receiving the same letter Arcapita had sent to other existing franchisees, which said the parent company would not be collecting royalties on pork products.
But “approximately one week before” the Beasleys’ May 18 opening, the suit states, Arcapita informed them that, as new franchisees who had not yet opened, they may not serve pork, which Islam considers unclean.
The restaurant opened on schedule — but never served pork — and closed in late July 2006.
“Just how is Islam different from Christianity?”
Well, for starters, Christianity was started by a man(!) who came to serve and sought no glory or riches for himself, and the New Testament recorded all his followers foibles -— revealing them as idiots who stumbled along only because some higher power proped them up and made them able to to the works at hand.
The teachings of Christianity are logically consistent with the Judaism from whence it sprang and it accepts the facts/theology stated in the Old Testament as true and correct.
Islam, in contrast, was started by a man bent on conquest, who gathered riches and women for himself in the name of religion. His stories were calculated to give him a veneer of greatness and glory.
The teachings of Islam are not logically consistent with the Judaism and Christianity from whence it sprang and it rejects facts/theology stated in the both the old and new testaments as incorrect and corrupted by “evil Jews.” (In particular, rejecting Abrahams almost-sacrifice of Issac —— replacing him with Ishmael . . . . and denying the crucifiction and resurection of Christ).
Just based on the which-is-a-scam-by-self-interested-people test, Islam flunks.
He might not have, but I’ve been to plenty of malls where CFL was open on Sunday.
Ah, thanks.
After just a quick look here’s what I have found.
Sun Capital Partners was founded in 1995 when Rodger R. Krouse and Marc J. Leder left the Lehman Brothers investment banking firm. The company has offices in New York and Los Angeles, and affiliates in London, Tokyo and Shenzhen, China.
Sun Capital isn’t in any of its businesses for the long run. The firm typically owns the businesses it buys for about five to seven years before selling them, Hurwitz said.
Pay attention. Post your response to the correct person.
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