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 [1] 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 [2] 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.
[3]The first report of trouble to my cell from one of my team
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 [4] 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. [5] 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 [6]:
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. [7] 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 [8], 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 [9].
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 [10] 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.
I’m guessing he may have trouble finding ANY good help (if he really tries to re-open another restaurant — my money says he’s claiming this to save face at the moment).
As for the backstabbing and vitrol comments, I have no doubt that employees, former employees, their friends, etc all came to give another side to the story. Notice they all seemed to tell the same story ?
Why would anyone with a brain ever work for that lying alcoholic jerk. He drinks and drinks and drinks every night, then gets in his Land Rover (which by the way has been driven by his assistant for the past few weeks because the Chicago Teamsters have been on the outlook for him for a a bit now in both Dayton and Columbus). There is NO new business he is opening anywhere. The Sidebar in Columbus will be shut down shortly as well. You, David Esrati are paid by a goon to act like a goon and it shows very obvious to everyone who is not also a goon. Brian Higgins told the last remaining members of his staff on Saturday that he was planning on opening up a new restaurant in the Greene. WHAT A DAMN JOKE- he couldn’t afford to pay the $6000 a month in the Oregon District, how does he have the capital to pay the $8500-$9500 a month to operate in the Greene. You are one ignorant man to keep supporting someone who has proven over and over again that he is nothing but a liability. NO bank will support him for a business loan- IN FACT, the bank Sidebar deals with is already working with the employees over him. If a national bank, which we all know is one of the roots of chaos in this countries economy, is supporting the employees over the employer there is a much deeper rooted issue. Have you all even considered all the people of this community who have bought Gift Cards and now are left with pieces of plastic that have no monetary value to them. I bet not. Wait till those people want what they are owed as well. I for one am not ignorant to the owners corruption. He has been riding on this image of wealth and philanthropy for awhile and he is now about to have to go on food stamps. I hope the government doesn’t bounce his welfare check, that would be a terrible thing for him to go without food and… Read more »
Is Columbus Closed?
@Dave Thomas – no, Columbus – Sidebar 122, is still open. Higgins has a partner there and the building’s owner had it vacant for years and is happy to have the building occupied and building positive buzz.
“Sorry Mr. Lanlord but I haven’t been paid from my job in 4 weeks, It should happen any day now I promise I will get it to you as soon as possible”
LL: Kid this is real world I’m giving you an eviction notice
“But my boss is good for it he has comped David Esrati a few meals and even some free champagne !”
Well shit son that means everything ! You should ignore your gut feeling and just simply trust this man
“some of my friends have quit because they haven’t been paid either but I couldn’t risk not finding a job”
I’m going to go have dinner there tonight and encourage my friends also and try to get some community support so that we can keep this original and unique restaurant in our thriving community. Any man giving David Esrati free champagne is a man who believe in the local economy and can do no wrong.
“what about all of my unpaid friends that are protesting ?”
unless any of your friends have comped champagne to David they might be racist and are just in on a “public lynching of a small business owner” You should probably check HIS BLOG OUT to get the REAL scoop. Your ex coworkers have an OBVIOUS BIAS
“does this mean you will give me an extension ?”
HAHA NO !
Fact: I personally served Esrati a $4.00 ginger ale on Saturday night that he consumed in a meeting with Higgins. Esrati left without paying and it was comped.
There is no “vitrol” in these comments. In fact, I believe there is very little VITRIOL as well.
@Vladdley- outright lie. I got something else too- to go, and gave the server a $20 bill. No change.
Brian Higgins even said I tipped her too much.
Mr.Esrati: should we be expected to praise Brian Higgins for “the checks that did clear?” Each dollar of a cleared paycheck is backed up with labor for his business. As is each owed dollar of a bounced check. I don’t know what kind of point you are trying to make.
Mr. Esrati
Sidebar in Columbus has been served with an eviction.
“How does a local business get to write non-stop bad checks without being prosecuted for a felony?”
“Ohio regulations on serving liquor say that at 2:30 the caps go on the bottles.” “Do the laws only apply to some people and not to others?”
Can you illuminate these comments from the home page of this website in light of this particular situation?
I don’t think anyone is trying to say running a small business isnt tough and challenging when making payroll at times. What I do think people are saying is that the situation was grossly mishandled. As I understand, treating your employees poorly and then not paying the payroll is a pretty irresponsible and unprofessional way to go about running a business. If the owner of the sidebar was taking care of his own needs in overzealous fashion while knowing what his bank statements for the business looked like (ie: empty) that is some pretty cowardly and outwardly mean stuff. As a business owner you have to realize you are responsible for many lives and well beings and if you can’t or won’t take that seriously you shouldn’t own a business. These are the people that pay for your lovely little things like a Land Rover, so take care of them too! Even being a capitalist takes a symbiotic mindset or you won’t be a capitalist long.
Mr. Esrati, when I served you that ginger ale the kitchen had long been closed, and I know you didn’t pay for it because I would have been the one to collect the money. Also I know it was comped because it shows up on my cash out at the end of the night. Oh and btw, you didn’t tip me a dime. If you did pay for it, you paid the wrong person.
I have one simple question regarding Sidebar: where did the money go? As anyone who has been there can attest, they did tremendous business. And yet for a very, very long time they weren’t paying their sales tax, their worker’s comp insurance, their rent, and the last several months weren’t paying their employees or their vendors either.
Where did all the money go?
Where did all the money go?
Where did all the money go?
@Vladdley, unless your name was Tiffany, you didn’t serve me. @Suzzanne Levy- word I’ve got is that Columbus wasn’t served with an eviction notice. You should be careful- what you are engaged in is called libel- and the only reason I’m not taking your comment down is because you’ve built a whole long list of “Vitriol” (thanks pedantic) I’m going to try to close this out. There is a newer post I wrote last night- “The Dayton Double Standard” in which I share an overall picture. I’m really sorry that this post has caused this much of a storm. I never meant to say that the employees weren’t entitled to their checks, or that Brian Higgins deserved to still be in business. I also believe in the right to strike, picket, protest. I’ve stuck my foot down my throat, it’s my “you didn’t built that business yourself moment”- after 2000 posts, I should be able to be granted a hall pass just once. There are other posts about Brian’s problems here- the contract with the County was covered as well. All the information you, or anyone else, needs to draw your own conclusions is here and it’s not going anywhere. As a note- Brian isn’t the first restauranteur to have troubles like this in Dayton- the Argue’s and Howard Solganick both had similar tax issues- Eva Christian was convicted of a felony- but had years to work her situation out. I know that not getting paid sucks- being paid late sucks- and causes many troubles- that’s one of the reasons we have unemployment- which can get very expensive for a business if their rating is increased. The protest had it’s desired result- Sidebar is now closed. Tiffany had $9 extra bucks in her pocket Saturday night to help make it through the week. Sidebar had a few more bucks in their account to try to make checks good. Unless there are blatant lies, un-truths, or name calling of other commentators on this post- I’m bowing out. I will continue to update this thread with other news stories as the unwinding… Read more »
And, one more thing- unless you are all sitting in the same coffee shop, making up names and posting as different people is against the site rules.
I’m going to delete some of these posts- and if you want to repost- use the same name and e-mail that you’ve used previously
And, Vladdely hasn’t said what the other item was that I ordered- from Tiffany. C’mon people, I’ve been doing this for longer than most.
I was informed by a couple different people. Perhaps “served” and “filed” are 2 different things. I can tell you to watch the 3 part expose on it all starting tonight. As I have said in the past, I am not a fan of main stream media, but in this case they have the manpower to have gotten the inside scoops they have. There seem to be a lot of angry people who have been told a lot of things by Brian and his colleagues. He probably shouldn’t have made them so angry in the end. I don’t want to see people fail but they do need to answer for their misdeeds.
I only know these things because one of my friends works for one of the news channels. If this information is false then they have not been fact checking. I guess we will see soon enough. Go ahead an remove that post. Time will tell soon enough either way I guess.
Mr. Esrati,
Keep trying to run for any official position, you clearly lie like a politician.
I am watching from the sidelines this never-ending reel of hatred spew towards Brian Higgins – which may or may not be justified. Yet, I see no one taking into consideration those who were still satisfactorily employed at Sidebar. Why has there been very little to no commentary on the event that lead up to the picketing of Sidebar (by primarily former employees and their friends); namely, the allegations against several employees who allegedly entered the business after hours, and without permission, for a private party which supposedly brought about a police investigation into trespassing, theft and vandalism.
It is alleged that Mr. Higgins owed wages to many and to those protesting I ask why they didn’t seek a legal form of action to which we are all entitled to pursue? I personally see no justification for heckling patrons who only wish to enjoy an evening out, perhaps for their birthday or anniversary? I don’t believe it justifies harassing those who are trying to earn a living by calling them traitors? (I witnessed both of these from the street.) From an outsiders point of view it seemed an extremely public personal attack on Mr. Higgins regardless of the pain caused to innocent bystanders. I am sure that Sidebar had young mothers and fathers working and supporting their families on the payroll. I am sure that they had some workers with limited skills who were happy to be employed. These people must now find other employment in a time of economic difficulty. For me, the unheard workers of Sidebar are the unspoken losers of Sidebar’s closing – not the protesters who had since left Sidebar’s employment or whom had never worked there at all.
My heartfelt sympathy goes to those who have lost gainful employment in the course of these events.
@Vladdley
Said by the person hiding, like a coward.
I’ve always been of the opinion, that in hard times, pay your employees before yourself. I’ve never owned a business, but I know how I’d manage one.
I can’t agree with everything you’ve said, but this world is a screwy place right now. It’ll take a true community effort to fix it.
The linked Chicago Trib acticle in the original story tells the story about Higgins. Required reading as a backgrounder for how he operates.
I think he got a pass becuase Sidebar the bar was a cool downtown cocktail lounge (I went a few times) and the Restaurant was the hot downtown place for awhile (never went there, too hoity toity for me).
Yet I ALSO seem to recall there was a plan by this guy to open up something in the Kettering Tower in the old King Cole/Olivias space? That didnt go anywhere, and I guess Sidebar the Restuarant happened instead.
But, now it all comes out….
Oh well, just another Dayton greedhead….
Don’t worry, the Dayton soviet will impose another tax-payer subsadized Five-Year Plan on the BoringAgain District. Meanwhile, the Metroids have once again manipulated Mr. Esrati into being their straw dog. Laughwise, this farce trumps Ubu Roi any day!
David,I love that he said you over tipped,when he knew that the restaurant was closing within days. It certainly speaks to his (lack of) character.
@ David: I understood the original context of your article to encourage people to visit sidebar to help a struggling business. This seemed to be your perception of a restaurant you enjoyed and thought of it as a failing venture. That if it received additional revenue per your post, it would make good on its debts. How you mixed it with bail outs and over government function, was a little confusing, but from that context I thought you were meaning well in declaring your intent. @Michael Perkins: You really launched into an attack on David from the rip. I do not think you understood the essence of his post and you missed an opportunity to get David on board early by attacking him personally. I think had you opened with context more in the nature of: David, I am not sure I would recommend any one go to SB, it seems quite likely that the funds are being mismanaged and unlikely to end up in employee’s pockets……..could have perhaps yielded a greater clarity and direction of discussion. I think you demonstrated well the likelihood that Higgins is probably more of a criminal with a shady history than a struggling small business persona. But, missing the essence of the post and David’s meaning, I think everyone got to witness way to much tit for tat and a little less content. @all: Since the topic of getting paid is at hand, David receives satisfaction from his blog I am sure, but he does not receive a paycheck. Attacking him personally in a public forum in which he provides and allows most all comments, very often does not illicit an elaborate response. I am often at odds with David, but I thought I would choose now to say thank you for providing a forum that has allowed me to put many political thoughts in writing. I hope some of the ire directed toward you will ease, if they understand your original intent to be: help a struggling business. As, I certainly do not think being a mouthpiece for fraud/deceit was ever your… Read more »
I just wanted you to get an employees perspective. The protest was not about another bounced check. We’ve dealt with that and it is nothing new. It was about the fact the Monday July 23 morning, the day check were suppose to come out, we were informed we would not be receiving our checks until Wednesday. No explanation. Many employees had still not received pay for the check on July 9 because it had bounced or they were unable to cash it directly with Chase, like myself. This means many employees had not been paid since June 25. I really tried to be understanding. I told people I felt like they were trying to do the right thing by not having us cash checks they knew would bounce. I thought this is a step in the right direction. Sidebar has been a family to most the employees. Wednesday came around and still no checks and no explanation. When people asked it via text or call. There would be no answer. If they asked in person it was tomorrow. Some people kept on it enough to get paid in cash. A lot of people felt they would not be seeing any pay and some of them quit. I work a full time job and have been working at Sidebar on my 2 days off a week to help pay my student loans. I called Chase Friday afternoon on my lunch break and I asked them to please let me know if my check would be negotiable today, something they do not generally do over the phone. I explained how I did not want to waste my lunch break and the manager asked me what the company was and then agreed to check for me. I gave him the account number and before I could even give him the amount of the check, he told me I would not be able to negotiate it. I thanked him for his time. Saturday came around and still not checks and no explanation, no plan. Saturday I went to Sidebar with my check from July… Read more »
@Robert: I suggest you re-read Michael’s first post on this topic. He didn’t “personally attack” David, he stated what he considers to be “facts” (having worked there). It was — I suspect — David’s response to that post where he went off on a tangent about 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”. Speaking of “found guilty online”, David is the first to vilify a public official based on things he’s “heard”. Granted, in many instances he is proven right in the end, but other cases that’s not so. It’s still being tried and convicted online before other facts are known.
@Hall- please note, I don’t just post things “I’ve heard”- I do check and verify with multiple sources if it’s damning. The biggest problem is when I trust the Dayton Daily news verbatim. They get things wrong or partially right many times.
I do try to follow the rules of journalism- to check and verify. I’ve not been sued, or even threatened with a lawsuit yet- knock on wood. Also note, that public officials are open to a different standard than private citizens.
Blind Bob’s fundraiser event: http://blindbobs.com/calendar.php?&com=detail&eID=41819
A benefit show to raise money for unpaid service employees. A raffle with amazing prizes and live music will be featured!
Hall. I did as you asked. 7/29 / 12:45 PM Was what I read as his first post. It is not what I would call pleasant, from tone to word choice such as laud. It opens somewhat mildly with a request for David, to address hypocrisy, but again, what I got from the original article was a request to support a struggling venture. I think understanding this simply addresses the point of hypocrisy (especially if the belief is in place that additional revenue will go towards making employees whole). He compares David, to a blabbering wall street tycoon, makes reference to him being a hypocrite again and then compares him to being a scoundrel…………….all without seeking to clarify or understand David’s, position and intent. When I read it, it certainly did not come off as pleasant the first time nor this time. So, maybe you can change your mind or maybe we will just disagree, but I am quite certain that one falls into the unpleasant category on my personal scoreboard.
“Where did all the money go?
Where did all the money go?
Where did all the money go?”
think frank … dean… sammy
hope that answers it for you.
For whatever it is worth, I work at Sidebar Columbus, obviously no longer affiliated with Brian Higgins or the drama that unfolded at Dayton (I actually have never even met Brian, and no one who works there except one person has either).
I won’t lie and say our situation is perfect, but I do know that the situation in Dayton is different from the one in Columbus. We inherited a mess we are still cleaning up, and that’s not the best, but that being said, we still show up, bust our tails, and are making amazing food, amazing drinks, and serve great clientele every night.
I hope any of the readers of this do delineate the current incarnation of Sidebar from the previous, as we have new owners, new staff, and a new location rather than the Dayton store. Give us a shot, and I believe wholeheartedly that we will impress you with our food, drinks, service and guest experience. Please judge us on that, because that is truly the measure of our work, not what happened in the past with someone who was in past their depth.
I’m crazy to reopen this thread- but- Suzanne Levy said Sidebar in Columbus had been served an eviction notice back on July 31, 2012 – and wow, it’s still open today.
http://www.sidebarcolumbus.com/
hmmm.
[…] Many of the people who used to work at his now defunct restaurant, Sidebar, still vilify me for a post on this site as he was closing down. Somehow, this page is not deemed “harassment” by facebook- and despite me being a […]