Subway — Restaurant in California

ZERO STARS IS NOT POSSIBLE.

August 26th, 2016

I have lived in McKinleyville for 18-months. I shop at the McKinleyville Safeway. I usually I go to Subway first. I buy a 12-inch sandwich; a soda, and; a bag of potato chips. I eat half the sandwich (putting the rest back in the bag to take to Safeway), and consume all the soda and potato chips.

I am 73-years-old. Caucasian. I am well-groomed and have excellent hygiene. I dress in clean clothes. Sometimes, when there is another customer being served and I am either thirsty or concerned about my blood pressure getting too low that I might faint I will politely ask for a paper cup into which I will put ice and a soda then take my place in-line. I do NOT do that every time because often there is NOT a customer before me. Yesterday there were two. Big Girl was making a sandwich. I politely asked her for a medium-size cup. As she was about to hand it to me, Little Girl came from the rear and told her to NOT give it to me because I “hadn’t paid for it.” I informed Little Girl that I maintain a PRE-paid Subway card, on which there was currently credit to cover a meal so, actually, I HAD paid for it. (Unfortunately I forgot to bring it.) I told her that I had been a regular customer for 18-months and that I frequently had made the same request and it was NEVER refused. She told me to leave the store. I refused. She called the security guard. We talked outside. He called the sheriff. I went to Safeway. Knowing that the absence of legally-required signage is pivotal to winning a lawsuit against the owner of the store I re-entered the store and used my cell phone to photograph all the walls and the front door. Little Girl ordered me to stop saying that “It is a corporate theme.” (As if what is on a publicly-seen wall is a protected trade secret.) I then tried to pay for a bag of potato chips I was eating. She refused to sell the bag to me; an ideal element for a service-refused lawsuit. She appeared to be less than 20-years-old. That explains her treatment of me; it does NOT justify it.

The actions of Little Girl violates the law. Pursuant to the Unruh Civil Rights Act (CCC 51) refusing service without good cause is (legally) actionable in California.. Originally intended to address discrimination based on age, race, gender, etc. it has been broadly interpreted by the courts. Why does the case law apply in this instance? This is why:

As a function of reviewing CCC 51 the California Supreme Court ruled that a business, including those located in a “strip mall,” CAN exclude a defined group of people in the context of CONDITIONS which includes properly-worded signage, prominently displayed, and enforced uniformly. So a sign on the front door that says “The bathroom is for use by customers only.” IS legal. There is NOT a sign at the McKinleyville Subway that says “NO EMPTY CUPS GIVEN WITHOUT PRE-PAYMENT FOR THE DRINK.” For the reasons just stated it can be persuasively argued that the act against me also violates the Federal Civil Rights Act of 1964.

The first name of Little Girl is Rebecca. I will try get her fired by registering a formal complaint with the Subway corporate office. I warned her I would. She maintained her arrogant posture. I have informed her of this review and that I have made the complaint. That corporate will contact the owner and I will get a call within two business days. Her response: “Perfect.” At least the level of her arrogance and imagined self-importance are consistent.

Adding injury to insult I missed the next by 8-mins so I had to linger for 45-minutes at Safeway until I shopped.

I am willing to settle if she is fired and a substantial amount of credit is put on my pre-paid card. Otherwise I will use my legal skills to get the judicial system involved.

08-31-16: The owner called me. She fully supports her. NO SETTLEMENT OFFER: NOT EVEN A FREE SANDWICH. A very foolish position: her filing fee will be $400.

My immediate, internal, reaction: form a picket...

This location has been on a downward spiral for years now. It apparently has gotten so bad that this location is currently closed! Rumor has it their under new management (HOPEFULLY!) and this location is closed temporarily while they dive into the restaurant and make improvements that need to be made. Possibly hiring and training a new crew? This Subway has so much potential, I wish the new management the best of luck. Hopefully they'll be able to get in there and turn the...

Ordered online, online system said that the sandwich would be ready at 12:10. Walked in at 12:07, said I was there for my online order. They said they never got one. Said I just wanted my money back then. Took them only a few seconds to find the order that "never came in."

If you're so lazy you can't even glance at a computer screen once in 20 minutes to see if there are any pending orders, then don't take...