Two sides to a public lynching of a small business owner: Sidebar
UPDATE
Sidebar 410 in Dayton is now closed, as of 30 July 2012. Former employees have weighed in with their comments below. It’s not pretty. This post has generated an unreal amount of traffic and comments very quickly.Of all the things I’ve posted since 2005, this has the most backstabbing, vitriol in comments to date. Some of these people worked for Mr. Higgins for almost 2 years- yet totally forget all the paychecks that did clear- and the tips they made, at one of the hippest places we’ve had. Please read the post carefully, because I still don’t believe it deserved the vitriol.
My very first clients for The Next Wave were restaurants. The Video Deli, The Third and Linden Market, Sodexo Marriott’s in house catering for Hobart in Troy, Pacchia. Since 1990, I’ve worked with many small businesses, but, of all of them, restaurants are by far the toughest. Employees act more like free-agents, you are judged by every single transaction based partly on personal taste, and with the advent of the Internet with sites like Yelp, Urban Spoon, Trip Advisor, FourSquare, Facebook and Google Places, every single customer can write a lousy review with impunity.
A Harvard professor did a study and differences in Yelp ratings can have significant effects on revenue. Big impacts.
Plus, depending on weather, and a whole bunch of other factors, restaurant owners almost have to gamble every night on stocking ingredients for making your meal. Predict wrong either way and it can be costly. It’s a very fickle business and I have the utmost respect for every single independent restaurant owner. I also love and appreciate the local character they infuse into a community- if the old adage about good cooking is the way to a man’s heart, a good local restaurant scene is what gives a community a heart and, a personality.
Yesterday, I got a message from one of my team with a picture of a protester outside Sidebar in the Oregon District. Sidebar employees were standing outside picketing with signs saying they hadn’t been paid. We’ve done business with Sidebar and owner Brian Higgins and have known for a long time that he was struggling. The Dayton Daily News did a huge expose on him and his other business- GSSP services, a mortuary service to the county that picked up bodies and delivered them to the morgue. It was pretty clear then that Higgins had monstrous obstacles to overcome, and this protest was going to be one more. A friend (thanks Jay) found a piece of real investigative journalism from Chicago from 2009 about Higgins’s operation there. I wouldn’t wish this kind of PR on anybody, and as a PR pro, it’s hard to straighten things out while people are still being handed knives to stick in you.
I put a simple post on Facebook:
Sidebar employees are out front picketing on E. Fifth Street because their paychecks bounced (again). There are two ways to deal with this- honor the protest and make sure they go out of business- or go, spend money and tip extra well and try to keep a great local restaurant in business.
Considering people are lining up at Chik-fila (sic) to show support for a homophobic corporation, we should be able to go help out a local businessman in trouble.
Will you join me there tonight?
I got a few likes and a load of hatred. The local TV stations had no problem putting this story on the news. The protesters were leaving just as I got there last night a little before 11- as was the last news truck. The place that would have normally been rocking and packed, looked like a quiet Tuesday night.
Sidebar employs about 45 people. It also brought a new level of drinks, dining and style to the Oregon District. I love the quinoa salad, the eggplant parmigiana and the beef saltado pizza. My partner loves their drinks- which were all unique and made totally from scratch- fresh squeezed juices, hand-ground spices and even different kinds of custom ice.
I’m also very connected to that space on E. Fifth Street- having helped launch Pacchia there long ago- after Glen Brailey figured out how to sneak a liquor license in to the Oregon District without paying the premium caused by limits imposed by the city. I want to see a restaurant there succeed- and even more in other spaces like the old furniture store building a few doors east that has been vacant for 30 years. We need the Oregon to flourish.
What bothers me most is that millions upon millions of our tax dollars have been handed out to “create jobs” and “economic development” in this community- they’ve been handed out capriciously (randomly- or maybe not- some go to big campaign contributors). Sidebar hasn’t been on the receiving end of any of this. I was hoping all the people that Brian has given a free drink to, comped a meal (which he’d always do if he found out you were proposing in his restaurant- or he’d comp some champagne) or helped with fundraisers (I’d been to many there- and even held my last election night vigil there- where Brian comped some food) would come out and support him last night- and help put some more money in the bank. I was treated on Facebook like a pariah.
There weren’t any public protests about the money the government poured into MCSi and Mike Peppel, the CEO who stole millions and got 7 days in jail. Nor, have there been protests about the two-tiered tax system at Austin Landing.
Higgins isn’t the first small business to bounce a check, nor is he the only restaurant owner to owe suppliers, or miss tax bills. The list is long. But, he seems to have become our favorite pinata.
To me, there will be no winners in this. I wasn’t asking for a tax dollar supported bailout last night, I was asking for people to go out and eat and drink and to tip the remaining staff well, just in case there isn’t enough money left to pay them either.
I don’t want Sidebar to disappear. I still miss the copper clad wood-fired pizza oven from the original days of Pacchia. I miss Dominic’s garlic salad and their sizzling cheesy lasagna. I miss Kitty’s downtown with their pompous large menus and Seattle East with their really good chicken breast sandwiches and kettle chips and the movie discussions they used to hold in the back room. I miss Blue Moon’s black and white Tuna over a wasabi infused rice cake- and a certain waitress who gave me a birthday kiss- before she went on to become a reporter and then a PR person. I miss What you eat- the little vegetarian place that preceded the Blue Moon – and their white bechamel pesto lasagna and fresh baked bread with honey butter.
All of these restaurants made Dayton a great place to live, but didn’t get the support of our community, while TGI Friday’s and Applebee’s will long be with us.
We have to learn how to stop kicking people when they’re down and learn how to help them up. I am very glad that Blind Bob’s is going to hold a benefit to help the employees that haven’t been paid- they are another class act that deserves your support, but, I hope there is a lesson in all of this.
Since you posted this on my Facebook wall, I’ll respond to this. You came onto a post I had made on Facebook stating my solidarity with the protest. The first thing you responded with was, “Damn- I guess I’m in the minority here asking locals to support a local business try to get back on its feet. See my wall. We have a different standard for GM in this country.”
I then asked you pretty directly to explain how it was OK to bounce checks, and allegedly deceive people. You refused to answer my query, and you only chose to address Wall Street, GM, and unrelated issues, “And just FYI there is another business very near sidebar that pays its employees, but owes a local business $10k for product. All small businesses are hurting right now.” When you did finally address my root question, it was only to defend yourself – “Tony- I’ve never said it was right to bounce checks to anyone. Especially employees. And, yes, I misread “owed” for “owned”- the State has protections for bounced payroll (or at least used to- I once collected treble damages for a bounced paycheck- I don’t know what the republicans have done to the law since that happened over 30 years ago).”
Then you called me an angry man, when actually, I was simply dismayed at your refusal to answer my rather simple and direct questions. Anyone who wishes to read the conversation on Facebook can access my page.
My last question would be, “Why did no one join your side of the argument?”
I support small businesses with my labors every day – many who cannot afford to pay me. Don’t make this about people’s unwillingness to support small businesses. This is about a business seemingly being unwilling to be honest with its staff, and the staff’s response. I know it’s tough running a restaurant, that isn’t the issue here at all.
Thanks for your contribution Tony. I hope everyone gets paid. Even the guitar player.
It’s not OK to bounce checks. We have laws for that.
But we all have choices in what we support and how we support it- except when local politicians play favorites and hand out our tax dollars to the detriment of some businesses.
I’m sorry to have joined the discussion on your wall. You friended me a long time ago for some reason. I see we’re no longer connected. Best wishes.
Sidebar is a great restaurant- the food and service are always wonderful. Since its opening, it has been a very popular place in the city. The community has been supporting Sidebar and that’s why there is so much outrage. People are disappointed that they have been supporting a business that has not been doing right by its employees. People didn’t go along with your idea of spending more money there because they’ve been spending money there all this time, and it seems that there have been payroll problems since the get-go.
Higgins seems to have a history of being dishonest in business. You even said he wasn’t a good business person. If the restaurant fails, it will be because of Higgins’ poor business practices, not because of a lack of public support.
And, if Sidebar closes, hopefully we get a better restaurant in its place. It won’t mean all we have left is Fridays and Applebees.
As a continuation from the FB stream about this topic (where I pointed out the definition of “lynching”) Point: SideBar’s restaurant business is robust and has been for a good long time according to all accounts. SideBar has received numerous accolades from people far and near. These same people care about the business and about the employees – both of whom operate, it appears, under an owner who has mountains of court-ordered judgements against him, likely creating a whirlwind of seemingly unpayable debt – though sudden escapes have also happened from such debt and some charges against Mr. H. and his businesses – and now this. I think self-lynching, if there is such a thing, has happened here, given facts. Facts trump emotional outcry or fond memories and logically it follows that there is a rock and hard place both Mr. H. and his employees and former employees are operating between. It’s a sad thing no doubt and yes, some have been quite vocal of their dislike of the man. I don’t know him at all but I do know SideBar and its burgeoning wondrous current presence and future potential – IF this latest issue can be managed. If it can’t, then as others, SideBar will cease to exist. But – no one wants that. People want for those who deserve payment to receive it and for SideBar to be properly managed within the context of the funds it brings in from its great food and drink and excellent service. Added – David I understand you are passionate about this and have done all you can to make your point. It’s good to stand up for a fellow small business owner AND their business. When the small business owner simply cannot manage a business so it can thrive, they usually either fail or bring in a consultant or a manager who can manage the place. Let’s hope one or the other (not the failure) of SideBar happens and clear heads and thoughts prevail. Muddying the waters with redirections to other events and similar scenarios or even totally unrelated business failures and claiming “lynching”… Read more »
So when will Higgins, or for that matter Cristen or the many others, call Robert Irvine and get on Kitchen Impossible? I mean by that to suggest that many people seem capable of restaurant success. I have been to Sidebar many times and yes, reviewed them on Tripadvisor. Locally, I think a better 1experience can be haqd at Cocos,El Meson, Cest Tout, and I intend to get to Roost soon. I want Sidebar to succeed, I will likely go again if they survive, but if they want more of my business they need to figure out how to keep up when the place is busy, kitchen wise.
Hello,
I am the bearded fellow in the picture you posted with this article and I would like to address a few things.
First, I personally conducted business with you and Next Wave regarding signage for the coffee shop and saw you frequently in the restaurant. I’m interested to find out how you might reconcile a glaring contrast between this post and others that you have written. You laud yourself as a champion of the common man, a crusader against corruption, a fighter against greed and the misdeeds of the wealthy. Yet, you have a business relationship with Brian Higgins and suddenly you’re the champion of the poor, pitiful million-dollar business owner. Can you address that hypocrisy please?
Second, I quote this paragraph from your post:
“What bothers me most is that millions upon millions of our tax dollars have been handed out to “create jobs” and “economic development” in this community- they’ve been handed out capriciously (randomly- or maybe not- some go to big campaign contributors.) Sidebar hasn’t been on the receiving end of any of this.”
Mr. Esrati, I assume that because you’re so well versed in local issues, you are aware of Mr. Higgins’ outstanding tax debt in excess of $100,000. Are you suggesting here that a company which does not pay its taxes, deserves a tax handout? That seems an awful lot like something that a blabbering Wall Street tycoon might advocate. Again, I would love to hear you acknowledge the inexplicable hypocrisy in that. Furthermore, the idea that Higgins is being “kicked when he is down,” as you’ve previously stated, is bogus. That is precisely the same thing that CEO’s at Goldman-Sachs or Bear Stearns probably said. “Hey, leave us alone, we’re hurting right now.”
Perhaps, in the future, you should keep your distance from issues involving a person that you have a direct business relationship with. It makes you look like exactly the kind of scoundrel you claim to be working against.
Sincerely,
Michael R. Perkins
The only thing that surprises me about this situation is that DAYTON isn’t the city paying $915 each to transport its DBs.
Dayton’s local employment realities are too abysmal for honest, hard-working people such as Mr. Perkins and his coworkers to be screwed out of their paychecks by some crooked businessman. Knowing what I now know about Sidebar, I wouldn’t eat there if it were the last restaurant on earth.
This discussion should not be about saving some greasy spoon in the Oregon District. I hope that law enforcement throws the book at Brian Higgins and that his employees get every penny they have coming to them…with interest.
And then I hope these same employees take that money and use it to move someplace else in this country where opportunities for a decent future actually exist and where employers aren’t slime balls.
Michael- I wasn’t – and never suggested that Mr. Higgins receive a tax funded bailout. Yes, I’m aware of the taxes he owes. No, I’m not a hypocrite. And, yes, I did conduct business with you- and Mr. Higgins. What I was pointing out- is that our government has given tax breaks to other businesses, do you know what the lease rate is for Sa-Bai? These kinds of meddling make it difficult to those who who pay full price. I’ve never said that it was right for checks to bounce, or for bad checks to be written. I’ve not said Brian Higgins was a saint or savior. I said he brought something magical to Dayton and the Oregon district- and I liked it. I’m not one to pull the “until you’ve owned your own business you don’t know what it’s like” lines- but, I have to tell you that being a small businessman (and under $7 million a year is considered very small by government standards) you probably wouldn’t understand what it’s like- but there is a lot of truth to it. I thank my employees everyday for working with me. My books are always open to them. I’ve had to ask people to wait on checks because we have clients who pay slow- or we are told we’ve won a government contract, only to find they used us to win it- and then went with someone else to do the work. You have every right to be paid and to be mad at Brian Higgins. However, I’m here to tell you that there are a lot of other people in this community that have done much worse and not ended up on the end of protests or tried and found guilty online. Ohio used to have laws that guaranteed that you would be eligible for treble damages on bounced paychecks. I don’t know if that law still stands (I used it against an employer over 30 years ago when I did driveway seal coating and he bounced a pay check). You can protest all you want. You can call… Read more »
as a part of this community we’d like to address the situation at Sidebar, which has grown to be an anchor destination of downtown… it’s not always easy, making a restaurant work, but Olive (as with all businesses, independents especially) is/are nothing without the heart and soul of our business, our staff. much of the sidebar staff have stuck it out until now because they believed in what they were doing, enjoyed each other as a team, and felt a responsibility to their guests, even as they struggled to believe in their owner. many of that staff are dear to us and we applaud their tenacity, they have done everything they could to keep it and each other going. it would have been beautiful if Brian could have sold his business, paid the staff and vendors and hopefully alleviated some of his tax burdens with the remainder, and the team could have remained under another owner, but it’s not always that easy to let go of something you’ve built. this has absolutely reinforced to us, the last page of our business plan, which was written due to experience, from watching other independent restaurants in our area… excerpt from Olive’s Business Plan: *If every possible means of survival and sacrifice still are not enough, which is a difficult statement to make, we will begin our “30 Days to Close Exit Strategy”: 1. Address staff retention and payroll, purveyors and investors to assess a realistic timeline for closure. 2. Assess final asset and debt ratios and react accordingly based on timeline determined. 3. Notify community of our decision and our commitment to finishing our remaining time responsibly and close with dignity and with every employee, vendor and investor repaid, at minimum, their initial seed investment. 4. Celebrate the last day with friends, family, and our regulars. We will have strived and worked hard… not just talked and dreamed. If it truly is the trip and not the destination, if we can close without leaving anyone in debt, then that and what we have learned will have to be success enough. … But… Read more »
Every story can’t be crammed into the frame of virtuous independent small business owner vs. corrupt billionaire bankers/bailout recipients. There are shady business owners big and small, and while I’m open to changing my mind with more information, it sounds more and more like Higgins is one of them. I sincerely hope Sidebar survives, because it’s a great asset to the neighborhood and the city, but that hope shouldn’t mean Higgins is beyond criticism. And to analogize “vigorously criticizing owner of high-volume, seemingly successful business for not paying employees or taxes” to “lynching” is pretty damn offensive. Words have meaning, and historical weight.
In my opinion, this situation is clear. I can not and will not support a business who does not pay it’s employees. This is not an isolated incident and it did not just start happening recently. It’s an ongoing issue of mismanaging a business’s funds and printing out checks that say “for deposit only” that he knows will not ever cash. If he had come to his staff and explained his personal situation, they might have been willing to wait and be re-compensated for their pay when funds became available. He didn’t do this. He pulled a “catch me if you can” and printed checks that were useless to buy time with the employees he had deceived. Furthermore, he owes upwards of $3000 to another local business owner for back rent he is paying on a rental property. His deception runs deep and I applaud the courage of the protesters for bringing it to light. I’m sure there are many financial skeletons in Brian Higgin’s closet and I’m sure we’ve only scratched the surface.
Dave, I hate to say it, but this is what folks have come to expect from your blog. You tend to open your word processor and let an unfiltered verbal mess spill out, and then you proceed to backpedal when you’re made to eat your words. You’d fit right in at city hall.
Additionally, you may be more experienced at running a small business, but I know more about Sidebar than you do. I was there every day for a year and a half; And I didn’t spend my time sitting at the bar, enjoying the eggplant parmigiana. So, perhaps consider the core topic of this discussion before you attempt to school me.
One more thing. What exactly are we “welcome” for?
Michael,
Your welcome for having a forum to discuss this. Try that on DDN- or other places.
Also- find someplace else where all the info on tax breaks, abatements and bad investments by government.
It’s so nice that you’ve ignored commenting for the last 2000 posts- but, feel like you own the place when it has to do with your paycheck.
I’m still not back pedaling. Try your case in court- not in the world of public opinion- and realize, you aren’t the only ones who are getting hurt here. Since you know so much- why don’t you just tell us how many local businesses are owed money by the Sidebar?
I’m still not back pedaling. Try your case in court- not in the world of public opinion
Are you actually suggesting no one should publicly criticize employers who don’t pay their employees, unless those employees have successfully gone to court and sued for back pay? You do realize the costs associated with this would probably not be worth it, right? Is it really your considered position that noone should be publicly criticized for not paying workers what they’re owed unless a court has found in favor the employees?
This would be a good place to start backpedalling (along with the lynching analogy). I get your concern that this could decrease the chances of Sidebar’s survival. But the next time some business owner is trying to decide whether to deceive and stiff his employees, it would be a very good thing if that business owner could not count on being able to hide this action from her customers unless her employees took her to court. There should be reputational costs to screwing over your employees, and the high cost of litigation shouldn’t be a barrier to that.
It is really sad to see this is the case. Couldn’t really afford to drink regularly at Side Bar, but always liked knowing it was an option if we ran into some extra cash. That said, I’ve yet to really hear or read any solid defense other than “running a business is hard” (which it is) and “you wouldn’t understand unless you owned a business” (which I’m sure is true), but still it’s mind boggling that a business could be so successful and riddled with such deep problems. There have to have been some poor business decisions and highly suspect priorities. I’ll try to keep an open mind, but until something else comes to light I’ll be taking my small amount cash elsewhere… and that certainly doesn’t mean TGIFridays or Applebees.
@DJW – the time I went to court to get my paycheck made good- it was a small court cost in small claims. No lawyer needed. I got the court filing fee back, plus 3x the pay owed.
If it’s not that way anymore- blame your state house.
Once a check bounces, btw- quit. Don’t keep going back- and file in small claims court. Also, don’t go and break in, have a party, and piss in the hall- and then claim oh, woe is me when you get fired the next day.
See Kim’s post above on how a business like this could close.
Brian Higgins didn’t get that chance. Blame it on him all you want- but, also remember- some of these people like Michael above- did get paid a lot more times than they didn’t. And a lot of you ate and drank there- and enjoyed it. Bad management aside- I’ll miss it. Brian raised the bar in Dayton- no one else was making those kinds of drinks or that kind of food- in that kind of atmosphere. It was great while it lasted.
Shall we go tar and feather, then lock Higgins up in Stocks and stone him now? Would that make it all better?
No one did that to the CEO of GM, AIG, or MCSi.
Blame me for the Sidebar’s bad checks too, while you’re at it.
Once a check bounces, btw- quit.
That advise may not be applicable when there aren’t other jobs available which you might have a chance of getting. (As you’ve probably noticed, the number of people in this position skyrocketed about 4 years ago and hasn’t really come down).
Shall we go tar and feather, then lock Higgins up in Stocks and stone him now? Would that make it all better?
David, you keep conflating “not being immune from public criticism” with things like lynching and public tar and feathering. I’m in favor of the former, not the latter. These things are very, very different, and you’re smart enough to understand that, so I don’t know why you persist in pretending you don’t.
Inside word- the landlord has a lease with two former employees to take over the restaurant.
Please note- this isn’t entirely ethical. Also note, that the landlord was the one who begged Brian Higgins to come over from his 2nd and Wilkinson St location a few years ago- to do the same thing- take over from someone else.
The Montgomery county Clerk of Courts website provides a number of examples of bad business acumen.
One might question the judgement of anyone who chose to purchase a million dollar residence in Dayton Ohio in 2007. The foreclosure action in 2010, the same year Sidebar opened, lists a 8.5% mortgage note on a $891,000 remaining balance. The monthly mortgage payment on this amount, if amoritized over 30 years would, be $6850 a month. Annual property taxes added another $22,000.
As a former employee,i would like to weigh in. Are you advocating trying to keep the business going,or running out at the first bounced check? You can’t have it both ways. My coworkers and I took it on good faith that the problem would be rectified,because we believed in the place and each other. We stayed out of loyalty to the team,and the hope of a turnaround. In return,we were ignored and blatantly lied to,repeatedly. We like our jobs,but cannot do them for free. Perhaps if Brian had been less capricious with the comps,you so enjoyed,we would be able to pay our bills.
As to the “pissing in the hall”,please get your facts straight. I cannot comment on an ongoing investigation,but I will say that it was a poor decision,not an act of malice. Some people involved were fired and some were not. If it was such a crime,why the discrepancy? This lashing out is the act of a desperate man hoping to deflect from his own crimes.
We sincerely hope that someone with ethics can occupy the space that was our home away from home for years,and that The Oregon District will continue to thrive.
Mariah- it’s all my fault.
Cheers
David, I’m not sure what you meant by:
“To Gina- there are ways for businesses to go into bankruptcy, continue to operate and try to pull things together. This option may not be a possibility for Mr. Higgins, thanks to the actions of employees and the way they’ve conducted themselves. ”
Why would the employee actions (what, picketing? quitting? please clarify) have anything to do with filing bankruptcy (which is not reflected in the court reccords)?
And on the DDN and whether you do or don’t get paid for writing the blog… not sure what that was about either. 12 years ago FB didn’t exist so the non-contractural employment by DDN of people who are still there (and didn’t get laid off or downsized) would have been addressed… where?
The “treatment” of this issue is simply people stating opinion, albeit sometimes off topic and sometimes with angry passion, and even, sometimes, with facts, takes place in social media when it’s a community concern. Nothing wrong with that and I certainly did my research prior to commenting on the FB post and on the blog.
If the landlord has someone else to take over the space that used to work or works with SideBar, are you saying that this is a reason for Mr. H. to not pay his employees? Are the ones not getting paid the ones who have a backroom (alleged) arrangment to take over? Is this an action against some disgruntled employees to make them quit? More and more questions arise with each post. Kerflummoxed.
I said nothing of the sort. ‘Just trying to shed some light,as someone very close to the situation.
Ah, Dave, you just keep digging a deeper hole for yourself. You asked me to list businesses that Sidebar owes money to? Try using your amateur sleuthing skills to visit the Montgomery County Clerk of Courts website and type in Brian Higgins’ name. You’re going to find a list of cases as long as your arm and very few list him as the plaintiff. Also, do the same thing in Chicago and you’ll find more. Here’s a fun document via the Chicago Teamsters local 727. You’ll find lots more like this if you do some hunting on Google. http://www.teamsterslocal727.org/news/newsPDFs_WallofShame/121211_Notice_GSSP.pdf Oops! Your friend appears to have defrauded his employees. Imagine that. Also, your “it’s all my fault” comment is such an amateur move. Way to completely disregard the points of Mariah’s comment and respond with, essentially, “nana nana boo boo.” You’re adorable. Finally, your “inside word” came directly from Brian Higgins because he and his cohorts are the only people asserting that there is or ever was a conspiracy to take over that restaurant. Here’s an ACTUAL inside word, Dave, from someone who has actually been INSIDE. The landlord issued a 3 day eviction notice against us while I was working there. Brian owed him over $40,000 in back rent. Said landlord had 100% legal grounds to evict Sidebar even after Brian miraculously forked over the debt, but the guy DIDN’T do that. The eviction notice was dropped, the lawsuit was dropped, and we were allowed to continue doing business. If there was a plan to snatch that space out from under Brian Higgins, why didn’t they do it when they were completely able to? You’re regurgitating bunk information and you ought to retract that, if you care about upholding your integrity. But, the fact remains that your integrity is already in the pisser because if Brian Higgins didn’t give you free food and drinks (which you admitted previously) and help your campaign(s) and do business with your company, you would be pandering on the side of the demonstrators and calling yourself a local hero, fighting for the working man. Please attempt to argue… Read more »
David, no one is blaming you for bad checks at Sidebar as much as it’s become clear you’d like to somehow make this about yourself. Brian Higgins has passed bad checks for years. So it’s his fault. You’re merely the clown who is defending your private interests in the face of logic and fact, paying no heed to the countless people who have been affected by his financial frivolity. As much as you have a public forum to voice your opinion, so do the employees, general public, and Brian himself. Becoming visibly more agitated with every sarcastic post you are not lending to your credibility.
I almost forgot about the “party” that took place last week. Since you seem to think that is related to the payroll debate, I’ll educate you. For the record, I was not there that night, nor was I involved at all with that situation. As a matter of fact, not ONE person who demonstrated yesterday was there that night either. To be clear, none of the demonstrators were fired as a result of that situation, or any other; They all left on their own accord because they weren’t getting paid properly. This, of course, is laughably contrary to what was implied by Brian’s statement to the 6 o’clock news last night.
This is the first I’ve heard of someone urinating in the hallway. That’s obviously inexcusable. However, Brian Higgins routinely keeps employees at the bar until the wee hours of the morning (sometimes 6:00 AM) to serve he and his friends drinks. (Once, before I started working there, I was in attendance on a night like that. One of Brian’s friends who owns a prominent downtown business and shall remain nameless, physically assaulted my ex-girlfriend. This was 5 minutes after Brian picked him up off the floor and plopped him into the barstool next to her.) These “private events” often get rowdy, lots of alcohol is consumed without being paid for, glassware piles up, and large messes are made. On nights like that, I’ve personally seen people dancing on glass tables, urinating on the bathroom floor (which I had to clean up) and vomiting on the carpet (which I also cleaned up.) I’ve seen the aftermath of Brian’s late-night romps and, from what I have been told, last week’s incident was like quite tame in comparison.
was quite tame*
>>> The landlord issued a 3 day eviction notice against us while I was working there. Brian owed him over $40,000 in back rent. Said landlord had 100% legal grounds to evict Sidebar even after Brian miraculously forked over the debt, but the guy DIDN’T do that. The eviction notice was dropped, the lawsuit was dropped, and we were allowed to continue doing business. If there was a plan to snatch that space out from under Brian Higgins, why didn’t they do it when they were completely able to? <<< – Michael Perkins
Uhhhh, because the landlord was handed $40,000!!! DUH! Do you think that he would have been handed that money if he intended to go ahead with the eviction, do you? My experience tells me that there was a whole lot of negotiating going on between the time the landlord walked in with the eviction notice and when he walked out with $40k!! I’m guessing that you’ve never had a customer or tenant owe you a bunch of money, right? Most people who are owed a LOT of money like that will agree to most anything to get it. And with good reason – $40k now is better than the promise of future income from a potential tenant.
Personally, I hope SOMEONE keeps the place going. My life-partner and I went there in April and had a great time. The food was good and the drinks were awesome. Even the obnoxious couple from Cleveland that was seated next to us were mildly amusing.
As someone that used to write a lot of paychecks to his employees, I do feel for those of you that had your checks bounced. There’s no excuse for screwing your employees out of money. I’ve seen plenty of people that have done it accidentally one time (while chasing cash flow to keep things going), but to let it happen repeatedly is inexcusable.
I’ve said repeatedly, Sidebar doesn’t contribute much to my bottom line. I’ve had one check go wonky- and it was replaced promptly. We were paid for work we did. As to you working till 6am- either you were paid- or you did so voluntarily. What was your girlfriend doing there after hours? The problem with the Monday night party- was after firing those involved- he had to operate with a skeleton staff. Considering it takes weeks for him to train bartenders to do the kinds of drinks they do- losing most of your bartending staff causes a slight staffing problem- don’t you think. I’ve read the things online and in the DDN. I knew Brian’s reputation- I limited my exposure, but, I didn’t go out and hang him out in public for bad checks. There were other ways to do that. As to the landlord- this isn’t the first time Dr. Ervin has done this back room maneuvering. He eased his way into Pacchia as a “savior” partner – brought in a chef with promises of ownership- then pulled the plug and handed it over to people who had no clue. After a year- he pulled the plug again- and begged Brian to come over… there is a pattern here. You may also notice how many “art galleries” have come and failed at his bequest. Yep- Brian has made a mess of things- but, there have been bigger messes- with less protests- I’ve never said you didn’t deserve your money- or that he was right in bouncing checks, but there are legal remedies – and then there is the public stoning. Brian has comped a few meals to me- mostly in return for me not charging rush charges, or for helping him out. He comped some appetizers on election night- just like a happy hour- and we bought alcohol. Nothing different than happy hour. Have a nice life Michael- please re-read my original post on Facebook- I was trying to get the employees some extra cash who were working on Saturday night – because, it may of been their last… Read more »
Michael- to say that If David wasn’t friends with Mr. Higgins, was given free food etc., that he would have been out there protesting to be the local hero is laughable. We, David and I, both support small businesses, so protesting them because they’re not paying their employees is ridiculous. Yes, it’s sad that you didn’t get paid and your checks bounced, but why did you continue working there if it was an on going problem? You seem like the one who wants to be seen as the “local hero.” Glad you joined your first protest.
First, to Bubba: If a tenant skips out on rent for several months, amounting to $40,000, the landlord certainly does not have to continue leasing to that person. Most landlords would simply say, “Ok, thanks for paying me that 40 grand you owe me. But, I’m still evicting you because you didn’t pay rent for several months, even though you apparently have $40,000 lying around.” The reason that I brought this up was to point out that the facts do not line up with the conspiracy theory of Doc trying to steal the business out from under Brian. If he was trying to do that, he absolutely had the ability to carry out the plan. Yet, he did not. I think that fact serves as a striking counter-argument to the “inside info” David purported. Furthermore, to quote you: I’m guessing that you’ve never had a customer or tenant owe you a bunch of money, right? Most people who are owed a LOT of money like that will agree to most anything to get it. Yes, I have been owed lots of money by someone before. Hence, this entire discussion. And yes, most people would agree to most anything in that situation; Including continuing to work for the person who owes them, in the hopes that MAYBE hard work and loyalty will lead to eventually seeing their money. That was my logic for several months, until finally I decided enough was enough and that I was getting screwed. (That should also answer Matt Sliver’s question about why I stayed at Sidebar.) Now, to Dave: Read my post again. When my ex-girlfriend was assaulted by the drunk guy, I did not work at Sidebar. I was invited in as a guest to one of these after-hours sessions. We were there for the same reason that anyone hung out at Sidebar after closing time: To have fun. I did not bring up that incident to blame Brian for the assault. I did so to demonstrate that wild, late night parties, in which damage to the restaurant occurred, happened frequently. Secondly, the people that… Read more »
Correction: Matt, I mistakenly had it in my head that your sister has a daughter.
Sidebar is shut down. Brian Higgins was served with a second 3 day eviction on Thursday. He hasn’t paid rent since that last eviction was served and paid for. How could you support a local business that does nothing but tarnish the shear idea of what a local business should be about. Brian Higgins just wanted a playground for him and his friends and that is what he got. But in a bad economy the first thing to suffer is the Parks Department.
Good riddance! He did that interview on television AFTER he knew he had to be gone by Monday (Today!) He made himself look to the public like the employees of Side Bar have always known him as- A liar. He has bullied his way around in this community for a long time and I used to support his restaurant till I began to learn what he was doing. He was the worst thing for that restaurant if it wanted to survive.
It saddens me that you would defend him because he puts food and drinks in your mouth. I have personally heard him talk about you and say he doesn’t like you. I heard it while sitting in there having a cocktail. Though it shouldn’t be a surprise because you are not very liked around the community anyway. But you defend a man who doesn’t even want you around him. Wow.
Start looking at the various media this week and see how respected you are of him now. When the money runs dry you too will dislike him and his thuggish business ethics.
Its not about a small business. Its about a man who lies to get what he wants and has gotten caught.
You and Brian can go to sidebar tonight while it is being dismember and eat a nice plate of crow.
To Mike Perkins
You should give Dave some lessons in how to defend his views. He could learn a thing or 2 from you on it. He just comes back with grade school tactics of debate. That is why no one will vote for him- that and he is pretty creepy when you finally meet him in person.
Mike you seem like a very wise and informed person. Perhaps you should go to the press and allow them to hear the story of those who were personally affected by that man. I know that the Dayton Daily News and the Dayton City Paper have NO love for him. They too have had negative dealings with him- who would have imagined.
You can not teach a man like Esrati how to be a man when he has been led on a leash for the left over table scraps from people like Brian for so long.
Dave- do us all a favor and start really caring for Dayton and its people and not for people who are just like you. There is a lot of wonderful local businesses here that I will fully support over any chain or out of town ownership.
Thank you Suzzanne for doing that professional polling on my popularity- can you give me the margin of error? Sample size? This site is read by a lot of people- because they want to know what dirt I’m uncovering- and to make sure it’s not their dirt. I don’t edit comments, delete them- unless there are obvious reasons (unsubstantiated libel being one of them), I let people call me names – but try to avoid people from doing it to each other on here. I allow a free and open discussion of substantive issues- including “two sides” or more- when there is a story- it’s why this site comes up first in many peoples searches for Brian Higgins and all kinds of other people who’ve done wrong and right in this community. It’s part of the way I can tell what’s going to happen before it does. It takes time out of my life- and, provides the public watchdog that the Dayton Daily news does not. You saw how much space they committed to the protest- and how much fact checking there was. And btw- I don’t do this totally alone- readers send me tips, inside information and contribute in comments so readers can get a better understanding of what is really going on. I think all of this begs the question- how did Brian and GSSP keep a contract in this county for so long, if he’s so bad? Don’t you think that is a good question? Also, the DDn did an expose on GSSP a few months ago- which was really the beginning of the end, but it was no where as damning as the article I link to in the post above from the Chicago Trib back in 2009. Let me also point out again- now that we know that Dr. Ervin served another 3 day eviction notice- how well did he do his background check on his tenant before he cajoled Sidebar from 2nd and Wilkinson over to his cursed location on E> 5th st.? If he was as brilliant of a businessman as every one… Read more »
Ms. Levy, thank you very much for your kind words towards me. I’m glad you enjoy at least some of the text on this site. ;)
Dave, are you going to acknowledge my last post? There were some important points in it that I don’t think you can hide from.
Michael- I don’t have to respond to you- until I’m good and ready to. For someone who quits, then goes back and hangs out at an after-hours party, then complains about an alleged assault- but doesn’t name names- and thinks he is the second coming- you have a very short pulpit in my book.
And note- I don’t hide from anything. Never have. It’s all here. 2000 posts – probably over 600 words on average. Go read. I’ve got work to do.
Mr. Perkins did speak with the press to express his views.
Oh, Dave, Dave, Dave.
Go back and read very, very slowly this time. This will be the 3rd time I’ve stated this: The incident in which my ex was assaulted happened before I started working there. It was right after Sidebar opened, almost 2 years ago. It’s no wonder you argue like a middle school student. You apparently graze over a comment, then respond with self-righteous knee-jerk nonsense.
So, now will you acknowledge my post? You’re starting to come across as very frustrated and defeated. (But that’s a face you’re well accustomed to wearing, isn’t it?)
So Michael, you go party with your future boss in an illegal, afterhours drunk fest, have your girlfriend assaulted- and then go work for him. Take a paycheck for over a year- witness many illegal afterhours parties- and then, when your paycheck bounces, and you quit- you are now the high and mighty judge and jury.
Please go back to grade school.
This conversation has become uncivilized. Sidebar is closed. Brian Higgins still has plenty of money. The employees and vendors will never see any of it. Those are the issues. If you’re not outraged by that,you’re not paying attention.
I am not even in the debate with you two but even I read comments and know what is going on. Are you on some kind of medication David, because you are not even comprehending what he had wrote OVER AND OVER again to you. You have been at Sidebar passed closing yourself, this has been verified to me by a few different sources. You act like everyone is against Sidebar as a business but no one here has anything negative to say about the business except that the owner is a liar, practices bad business ethics, and doesn’t pay for services that are rendered. I was also just informed by 3 individuals that you were even let go from your dealings with Sidebar for a time from working with them until you came in and begged your way back in for some of his money. You were hungry for his little pocket book. The whole staff there is aware of your sad dealings with the company because Brian and his assistant made it their point to tell everyone what they thought of you adding things to the menus and website and other things that you, as a paid contractor for services, had no right to do, especially without asking. You have done this to clients as well and lost their business because of it. You do not report news, you report gossip and filth and you do an injustice to this city. You could be helping out the under dogs and those hurt by the power hungry fat cats of this city but instead you just post warped ideas mixed with false statements. Some of your points are very valid and true, but that is far and between. You peddle your name around this city like people need to know who you are. Show some respect to the rest of us who are trying to make a better city to live in, raise our children in, and be proud to show off to those who come visit with us. We should be working together to rebuild Dayton and make… Read more »
For the record: I’ve never been at Sidebar “after hours”
The Next Wave was never the agency of record for Sidebar- nor do we manage the website, which we do host on our server.
We were originally hired to try to resolve issues with Google still resolving to the old site and location on 2nd and Wilkinson- where a previous manager claimed the site with a personal email and wouldn’t release the site.
We did redesign the menus, supply business cards, bookmark flyers, reserved signs and provide some banners and vinyl on the coffee shop. Employee turn over in the “event manager” position was high- and managers came and went.
We’ve been paid for our services. The last check we deposited was on Friday for new banners with the logo and url to replace the ones damaged by the windstorm. They, will probably never see the light of day.
Michael- You are a master of taking what is being said, adding a different scenario, then demonizing the person who originally posted the comment. It’s rhetoric, nothing more. If your girlfriend was assaulted, before you worked there none the less, & you’ve had multiple checks bounce, why did you continue to work there? That was my question, my only question- one that you disregarded & decided to bring up the fact that you’ve met my family. Rhetoric once again. I said that it was wrong that you weren’t paid, maybe you missed that, but protesting? Seriously.. There were ways of handling it where you could have got your money, eventually, but instead he will close down & you’re SOL. If you want to act like this is some terrible deed that was done to you, worthy of organizing a protest, then that is your right. I was just weighing in my opinion, same as you.
Matthew,
I am curious to know what other options they had besides going public with it? I would like to know because for them to have sued him would have cost more than what they were owed because he has a lawyer on his payroll. (I bet he gets paid)
I am pretty sure they were all back against a wall and had no other options.
What a bunch of snotty-nosed ingrates! Mr. Esrati provides a forum for your anal mucus and you attack him! Take your whimpers to the official Metroid outlet! Mr. Esrati’s primarily good intention is exposing him as the scapegoat. Shame on you Mr. Esrati! You’ve become what the Metroid/Leninists call a “usefull idiot”.
Dave, I’ve successfully given you a good verbal spanking and I’m moving on now. I sincerely wish you luck with your business and your blog. I’m going to head back to grade school now. Maybe I’ll have you as one of my students again some day.
Well, the cause is lost, sb is gone. Time to turn attention to what may be saved. David, when will you urge us all to shop at Cub Foods?
Honestly, I see on both sides of the Oregon district restaurants that have made a go of it. Franco’s, Dublin Pub, Trolley Stop, Thai 9. So I have little sympathy for a business failure like this one. Please don’t insult my taste by urging me to go spend money at a business; I’ll spend what I can afford on those places that have earned my attention, and there are plenty of places in this burg that have done better than sb.
In Sidebar’s memory here are three fun links to reviews of the place. Sidebar has 30 reviews on TripAdvisor with an average rating of 4 1/2 circles (out of 5). Sidebar has 50 reviews on Yelp with an average rating of 4 stars (out of 5). Sidebar has 17 reviews on Google Local with an overall rating of 26 (out of 30).
Lots of people liked Sidebar, it seems. What a shame Higgins failed at managing it.
This just in from the Dayton Daily news:
I’m guessing Higgins won’t be hiring back some of the people commenting above.