Restaurant sues stupid wop feminist customer over bad Facebook review: 'This is slander'

Clearly, the reviewer was wrong for posting false statements in the
review, but the restaurant was also wrong for refusing to honor the
coupon. Change of ownership is irrelevant. The new owners took over an
ongoing business. They didn't open a new restaurant in the previous
restaurant's space.

Sorry, dearhearts, but you were obligated to accept the coupon.

anim8rfsk

2018-12-26 23:48:24 UTC

No, but they *sort of* changed the name, and might have changed the menu.
Still it was stupid not to just take the damn coupon.

Post by Adam H. Kerman
Sorry, dearhearts, but you were obligated to accept the coupon.

Here's the loophole. Apparently it wasn't a "Buoys" coupon, it was a "Grand
Strand Dining Group" coupon good at various Grand Strand outlets. The old
Buoys was one. The new Buoys isn't. Also the coupon was a year old; I'd be
surprised if it didn't have an expiration date.

Nice to know that they record and archive every table and every meal.

Here's their menu and photos:
https://buoysontheboulevard.com
This is one of those dive places that offers *way* too many items, and
probably doesn't do justice to any of them.

The website has changed, but I found the old menu:
Loading Image...

Looks pretty much the same.

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Adam H. Kerman

2018-12-27 01:12:10 UTC

Post by anim8rfsk

No, but they *sort of* changed the name, and might have changed the menu.
Still it was stupid not to just take the damn coupon.

Post by Adam H. Kerman
Sorry, dearhearts, but you were obligated to accept the coupon.

I'd be curious to see the coupon. Yes, I understand that the previous
restaurant had a different corporate owner, but if it said "Good at
Buoys" at that address, the diner isn't to know that it's a different
restaurant, given that they retained the Buoys name.

Yeah, I'd be surprised if the coupon hadn't expired too.

Post by anim8rfsk
Nice to know that they record and archive every table and every meal.
https://buoysontheboulevard.com
This is one of those dive places that offers *way* too many items, and
probably doesn't do justice to any of them.
https://www.upsprinting.com/wp-content/uploads/Reduce-Buoys-menu.jpg
Looks pretty much the same.

Is "Buoys" some sort of franchisor?

anim8rfsk

2018-12-27 02:20:24 UTC

Post by anim8rfsk

No, but they *sort of* changed the name, and might have changed the menu.
Still it was stupid not to just take the damn coupon.

Post by Adam H. Kerman
Sorry, dearhearts, but you were obligated to accept the coupon.

I'd be curious to see the coupon. Yes, I understand that the previous
restaurant had a different corporate owner, but if it said "Good at
Buoys" at that address, the diner isn't to know that it's a different
restaurant, given that they retained the Buoys name.
Yeah, I'd be surprised if the coupon hadn't expired too.

Is "Buoys" some sort of franchisor?

I don't think so. I think it was just under a corporate umbrella, probably
local - the article said there was a nearby restaurant that *would* still
accept the coupon. And the new guys changed the name just a bit, maybe they
saved as much of the sign as possible.

There was a Dairy Queen by my office that got taken over by a retired couple,
and they just replaced half the sign and made it DAIRY DELIGHT. And only sold
yogurt. The guy was nice but the woman was horrible. Standing outside after
looking at the sigh DAIRY DELIGHT we remarked that it was neither. :)
Not long after it was under new management, and they put the bottom half of
the sign up and it became CONE QUEEN. I was surprised they had kept the other
half of the sign!

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super70s

2018-12-27 15:57:06 UTC

Post by anim8rfsk
There was a Dairy Queen by my office that got taken over by a retired couple,
and they just replaced half the sign and made it DAIRY DELIGHT. And only sold
yogurt. The guy was nice but the woman was horrible. Standing outside after
looking at the sigh DAIRY DELIGHT we remarked that it was neither. :)
Not long after it was under new management, and they put the bottom half of
the sign up and it became CONE QUEEN. I was surprised they had kept the other
half of the sign!

The corporate office of McDonald's would probably sue if their
copyrighted logo was misused like that, maybe Dairy Queen just didn't
know about it.

Johnny Leatherjacket

2018-12-27 13:35:46 UTC

Post by anim8rfsk
This is one of those dive places that offers *way* too many items

yeah, because offering a nice variety of menu items is bad, right?

Fuck off, retard.

NoBody

2018-12-27 17:35:28 UTC

On Wed, 26 Dec 2018 22:26:20 -0000 (UTC), "Adam H. Kerman"

Clearly, the reviewer was wrong for posting false statements in the
review, but the restaurant was also wrong for refusing to honor the
coupon. Change of ownership is irrelevant. The new owners took over an
ongoing business. They didn't open a new restaurant in the previous
restaurant's space.
Sorry, dearhearts, but you were obligated to accept the coupon.

No they aren't. They changed ownership and name and would not be
obligated to honor any coupon from a different company.

BTR1701

2018-12-27 02:00:45 UTC

Post by Leroy N. Soetoro
https://www.foxnews.com/food-drink/restaurant-sues-customer-over-bad-
facebook-review?intcmp=ob_article_footer_text&intcmp=obnetwork
A South Carolina restaurant is suing a customer over her negative Facebook
review, claiming it contains false allegations against the eatery.
Buoys on the Boulevard in North Myrtle Beach is reportedly suing Doreen
Gale-Alfano for libel, saying the bad review stemmed from the restaurants
refusal to honor a coupon from October 2017 before the establishment
changed ownership.
According to the restaurant, Gale-Alfano visited Buoys on the Boulevard
with her father on October 30 of this year and tried to use a coupon for
up to $30 that was attributed to Buoys Beach Bar & Grille, which is what
the restaurant was called before it changed ownership in March 2018.
Restaurant employees allegedly offered to comp the pairs drinks because
they could not honor the coupon. However, Gale-Alfano was so upset she
threatened to destroy the company on social media before leaving and
going to another location that would honor the coupon, the lawsuit claims,
Myrtle Beach Online reported.
After leaving, Gale-Alfano posted on the restaurants Facebook page with a
damaging review.
"Awful food...."

Opinion. Not legally actionable.

Post by Leroy N. Soetoro
found a worm in my sushi.

Statement of fact. Could be defamatory if untrue. However, plaintiff has
the burden of proving it's untrue which would seem hard to do.

Post by Leroy N. Soetoro
Also had a fast crawling bug on the wall.

Statement of fact. Could be defamatory if untrue. However, plaintiff has
the burden of proving it's untrue which would seem hard to do.

Post by Leroy N. Soetoro
The Junga game is a germ carrier.

Statement of fact. Could be defamatory if untrue. However, plaintiff has
the burden of proving it's untrue which would seem hard to do.

I don't know what a Junga game is, but if it's a publicly playable game,
like a video game, it almost certainly has germs on it, which make the
statement true and not defamatory.

Post by Leroy N. Soetoro
"Go and enjoy if you don't care cuz the new owner doesn't at all," the post
read.

Opinion. Not legally actionable.

Seems like the restaurant has a possible claim against the reviewer for
statements of fact, but only if the restaurant can prove beyond a
preponderance of the evidence that the statements are false.

Post by Leroy N. Soetoro
On its official Facebook page, the restaurant responded to Gale-Alfano,
claiming the woman did not order anything and could prove it.

Okay, that disposes of the sushi claim, but that doesn't do anything for
the Junga game or the bug on the wall.

Post by Leroy N. Soetoro
"This will be our last response, tomorrow morning I will be going to our
attorney and moving forward with him on this, this is slander."

Actually, it would be libel.

Post by Leroy N. Soetoro
"Already spoken with law enforcement and they agree."

Law enforcement could not care less about a civil defamation claim and
are not in the business of rendering opinions on such things.

anim8rfsk

2018-12-27 02:30:25 UTC

Post by Leroy N. Soetoro
https://www.foxnews.com/food-drink/restaurant-sues-customer-over-bad-
facebook-review?intcmp=ob_article_footer_text&intcmp=obnetwork
A South Carolina restaurant is suing a customer over her negative Facebook
review, claiming it contains false allegations against the eatery.
Buoys on the Boulevard in North Myrtle Beach is reportedly suing Doreen
Gale-Alfano for libel, saying the bad review stemmed from the restaurant’s
refusal to honor a coupon from October 2017 — before the establishment
changed ownership.
According to the restaurant, Gale-Alfano visited Buoys on the Boulevard
with her father on October 30 of this year and tried to use a coupon for
up to $30 that was attributed to Buoys Beach Bar & Grille, which is what
the restaurant was called before it changed ownership in March 2018.
Restaurant employees allegedly offered to comp the pair’s drinks because
they could not honor the coupon. However, Gale-Alfano was so upset she
threatened to “destroy” the company on social media before leaving and
going to another location that would honor the coupon, the lawsuit claims,
Myrtle Beach Online reported.
After leaving, Gale-Alfano posted on the restaurant’s Facebook page with a
damaging review.
"Awful food...."

Opinion. Not legally actionable.

Post by Leroy N. Soetoro
found a worm in my sushi.

Statement of fact. Could be defamatory if untrue. However, plaintiff has
the burden of proving it's untrue which would seem hard to do.

Post by Leroy N. Soetoro
Also had a fast crawling bug on the wall.

Statement of fact. Could be defamatory if untrue. However, plaintiff has
the burden of proving it's untrue which would seem hard to do.

The dining area is OUTSIDE. At the beach. There's no way in Hell there
*aren't* bugs on the walls.

Post by Leroy N. Soetoro
The Junga game is a germ carrier.

Statement of fact. Could be defamatory if untrue. However, plaintiff has
the burden of proving it's untrue which would seem hard to do.
I don't know what a Junga game is, but if it's a publicly playable game,
like a video game, it almost certainly has germs on it, which make the
statement true and not defamatory.

I can't find a Junga game. They might have meant Jenga.

Post by Leroy N. Soetoro
"Go and enjoy if you don't care cuz the new owner doesn't at all," the post
read.

Opinion. Not legally actionable.
Seems like the restaurant has a possible claim against the reviewer for
statements of fact, but only if the restaurant can prove beyond a
preponderance of the evidence that the statements are false.

Post by Leroy N. Soetoro
On its official Facebook page, the restaurant responded to Gale-Alfano,
claiming the woman did not order anything — and could prove it.

Okay, that disposes of the sushi claim, but that doesn't do anything for
the Junga game or the bug on the wall.

Actually they can only prove they didn't get food *on that occasion*
She can say she came back the next day.
Actually, I don't know how, unless her original review said "At 5:28 on
Friday" they identified her on their recordings in the first place.