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.
If it is clear in the contract that they can sell pork, they should win. If not, they shouldn’t. Law is (or should be) very binary.
Seems pretty clear-cut to me.
Islamic Bank? I thought it was kafir to borrow or lend money for interest—
There can be no separation of “church and state” when the Saudi government (state) is funding the expansion of the state religion (Islam ONLY) around the world specifically in the west to the tune of millions per mosque (as a means to buy off Wahabi terrorists back home in Saudi Arabia).
Does a separation of church and state just mean our OWN state or ANY nation state mucking about over here?
And there IS a nation of Islam established around the world. The citizens of Islam bow to the segregated capital 5 times a day every day and never speak out against the discrimination against the kufir in Saudi Arabia. That’s moderation?
Kosher pork? Huh? Is that like Halal ham?
An Islamic bank, bent on enforcing Sharia law?
Bummer, I liked Church’s too.
People who demand freedom FROM religion, if they are offended by the overwhelming Christian majority here, are welcome to their opinion. But no atheist or agnostic has the right to complain if the majority of us are religious, if we pray and post the Ten Commandments we believe in and build monuments with crosses, that is OUR right, and NO ONE can take that from us. Not Islam, not atheism. We didn't fight and die for 200 years for a Godless, secular country.
... no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinion in matters of religion, and that the same shall in no wise diminish enlarge, or affect their civil capacities.
Yeah.... they have the crunchiest chicken anywhere and it’s fried fresher, not kept as long as other chains.
Oh well. No more for me.
All that I mean when I say freedom FROM religion is that I have the right to not practice a religion.
Yep.
What we would need is a challenge to the CFA policy.
A prospective franchise owner who is denied because he intends to open on Sunday. To see where the arguments go.
I don’t do Churches and don’t plan to start but this makes me furious—to learn it’s owned by Islamists.
Don’t know about the US, but in Canada their product is served at A&W- I’m not aware of any Church’s franchises still around.
It sounds a little like they're shaking them down for a settlement. A great number of us, myself included, won't knowingly shop at an islamic business and you can be sure the financing company knows it. If they make a big enough deal of it in this lawsuit it will probably drive Church's out of business.
It wasn’t bad chicken, it was bad service what did them in!...............
Truett Cathy is one of the nation’s most endearing success stories. Beginning with a small restaurant, The Dwarf Grill, in Hapeville, Ga., in 1946, he opened his first Chick-fil-A restaurant in the early 1960s. The privately-owned corporation is now the second-largest quick service chicken restaurant chain in the U.S., with 1,400 locations and annual sales of $2.6 billion in 2007.
Not one of the locations is open on Sunday, and never will be.
“It was not hard to decide to close on Sunday,” said Truett Cathy, who first implemented the policy at The Dwarf Grill, and calls it the best business decision he ever made. “When you work 24 hours, six days a week, you’re ready for a break.”
The closed on Sunday policy is one of three points of a covenant that the family put in writing some years ago.
“Success is all about succession,” said Dan Cathy, explaining a covenant the family formulated to articulate their commitment and values and re-assure store operators that current priorities will be sustained in the future.
The covenant also spells out the company’s commitment to never go public, and to always make decisions regarding the business in a consensus format.
Family members may have different perspectives, but it is important that the parents and the three children be together and in harmony in the decisions, said Dan Cathy.
...
http://www.samford.edu/News/030408_1.html
I learn something new every day on Free Republic that I would certainly not learn from the conventional media.
"Come on down for Church's Chicken Bomb in the Bucket! Grab Mohammed and Achmed, and we'll take your order! Come on down!"
I really like Popeye’s spicy chicken.
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