Comments on: Dunkin’ Donuts unfair to Muslim franchisee?

By: r.s.e

r.s.e — Sat, 14 Jul 2007 12:56:03 +0000

i think WALID elkhatb is a good man with strong beleifs and i sallute him for his actions

By: Mahatma

Mahatma — Fri, 13 Jul 2007 16:57:21 +0000

Am I entitled to open a Hindu “Sizzler” franchise?

By: dm60462

dm60462 — Thu, 12 Jul 2007 12:50:14 +0000

Please post the docket number of the case.

Thanks

By: peterk

peterk — Wed, 11 Jul 2007 22:01:23 +0000

I note that the DD was requiring the owner to sell pork products because he was relocating the franchise. Ws the original location predominantly Muslim? I note also that he had been doing this for 20 years. restaurant chains are tightening up their requirements as someone else pointed out they want to be consistent across the board. All fast food restaurants are looking to expand their offerings

By: John Burgess

John Burgess — Wed, 11 Jul 2007 19:42:20 +0000

First, having read the decision, I note that this is not a case of religious discrimination, but racial discrimination. That, I think, is a far weaker argument to be making, but it clearly won in this court. Second, the non-enforcement of a contract does create new facts on the ground. If you don't prevent people from crossing your yard to get to the neighboring park, you can permanently lose your right to that pathway. Take a look at 'Adverse Possession' laws. If it can be done with real property, it can be done with other property and property interests. If you don't enforce the terms of your contract, you can be deemed to have effectively re-written your contract.

By: jb

jb — Wed, 11 Jul 2007 18:09:15 +0000

John Burgess,
Interesting. I do think that the spectrum among Muslims living in the West is shifting toward the expansive end of late, though. I’ve a few speculations as to why that’s the case, none of them terribly deeply-investigated.

By: Mike

Mike — Wed, 11 Jul 2007 17:15:43 +0000

There are some kosher DD franchises and the ones that I've been in do not offer the meat sandwiches at all That was noted in the judicial opinion, as well. If your argument is that everyone must serve pork, then you had better be prepared to show that, well, everyone serves pork. Dunkin' Donuts couldn't do that. Why were Jewish franchisees treated differently from a Muslim franchisee? Maybe there are legitimate reasons why. Maybe not. But that's a factual question to be decided at trial.

By: Richard Nieporent

Richard Nieporent — Wed, 11 Jul 2007 16:13:51 +0000

It is not religious discrimination to force a franchisee to sell your products. If you want to allow the store to be halal as a business decision in order to sell food in a Muslim neighborhood that is your right. However, you are under no obligation to do so forever. The only obligation that you would have it to inform the customers that the food is no longer halal. No franchisee should be able to demand that you exclude pork products from the menu. One does not have a “religious right” to decide what is sold at a Dunkin Donuts store. In fact, if the courts forced Dunkin Donuts to allow the owner to exclude pork, that would be a violation of the separation of church and state by making Dunkin Donuts conform to a specific religion. By the way, this is not equivalent to having Dunkin Donut shops that are kosher. The shops are made kosher for the patrons, not for the owner. In fact, this issue came up recently where a franchisee was forced to change five kosher Dunkin Donut franchises to non-kosher ones. Nonetheless, Willard kept five of his franchises kosher until last month. The change came after company officials allegedly told him that they wanted to standardize the menu and add nonkosher items. Though Willard was able to maintain the kosher certification at his store in the local Jewish community center, he said the company pushed him to bring bacon into a store in Potomac’s heavily Jewish Cabin John neighborhood. http://www.forward.com/articles/no-donuts-no-peace-cry-kosher-protesters/ Thus the different is that the Muslim owner is attempting to force the company to conform to his religious beliefs, which should not be allowed by the Courts, while in the case of the kosher Dunkin Donut shops the patrons were petitioning Dunkin Donuts to keep the store kosher so that they could patronize it. If Dunkin Donuts or any other food store wants to allow some of their stores to be kosher or halal that is their right. However, they can take away that right if they so desire. Nobody should be forced to conform to any religious beliefs in this country. This is so basic a right, the right to be free from any religion, that I’m sure the ACLU will issue a friend of the court brief on behalf of Dunkin Donuts. Yes the last sentence was meant to be sarcastic. The ACLU only steps in when the issue is one of preventing Christian beliefs from being forced on anyone.

By: Anonymous Attorney

Anonymous Attorney — Wed, 11 Jul 2007 15:43:24 +0000

However inconsistent DD’s enforcement of its franchise agreements, I think it would be terrible precedent for freedom of contract if Mr. Muslim were to prevail. There is nothing stopping him from opening his own halal donut shop. If DD is missing a business opportunity, that’s their business.

By: BD

BD — Wed, 11 Jul 2007 14:38:43 +0000

“It sounds, though, as if …he wanted to go ahead and keep selling the sandwiches without putting meat in them,…”

There are some kosher DD franchises and the ones that I’ve been in do not offer the meat sandwiches at all