Stab At The Heart
By Bogus Doug
One of the best restaurants in the city of Saint Paul is Heartland. That’s a true statement by popular and critical affirmation as well as from personal experience. Heartland’s chef-owner, Lenny Russo, writes one of the “community voice” blogs at the Star Tribune website, via which he delivered a bombshell today:
Heartland to St. Paul: “So long. It was great while it lasted.”
Another victim of the wretched economy, you might think. Just another casualty in the cut-throat restaurant industry which has seen so many closings already this year, perhaps you assume.
But that’s not the story here. Heartland is doing fine. Saint Paul, however, might be broken.
It seems there is a new Saint Paul city ordinance being proposed by Ward 1 council member Melvin Carter III. The ordinance is characterized by Mr. Russo thusly:
[The ordinance] require[s] every business located within the boundaries of the municipality that serves any sort of prepared food to have on hand at all times an allergen handbook listing every ingredient in every item served. Not only must this handbook be updated to reflect any changes to the items being offered for sale, but it must also be available for viewing by anyone who desires to do so regardless of the fact that the handbook likely contains proprietary information that any competitor may access at his or her own discretion.
Being a parent of children with severe food allergies, I am certainly sympathetic to the motivation of the proposed ordinance. It can be truly frightening when your child begins having an unexpected food allergy reaction. We have allergy kits for two of our three children for this very reason, but you never want to depend on that alone. As soon as your child begins to have an allergic reaction a parent’s mind instantly fills with visions of anaphylactic shock and the possibility that your measly first-aid remedies won’t be enough this time. The desire to keep your child safe from such potentially life threatening experiences is entirely natural.
The question here is not whether it’s a good idea to make food allergy information available. All things being equal, of course it is. But all things are not equal. The way one answers basic questions of who bears the burden of risk for an allergy and how much effort food sellers should be required to undergo in the name of preventing accidental allergen reaction can be the difference between a viable business community and a regulatory hell from which business flees. If you think that’s even remotely an exaggeration of the case, take a look at Mr. Russo’s assessment of this new regulation on his restaurant (all emphases below mine).
As many people well know, our restaurant changes its menu on a daily basis due to the fact that we purchase locally produced ingredients that are sourced from small, family farms that practice sustainable agriculture. In addition, all of our menu items are produced from scratch utilizing whole foods.
In analyzing the operational impact of this ordinance, I did an approximation of how many recipes are employed on a daily basis in order to produce our menu. I found that number to be in the range of 120 recipes and sub-recipes on any given day. If I created an allergen handbook as required by the proposed ordinance, my entire day would be devoted to writing recipes and ingredient lists. That would leave no time for managing my business let alone actual cooking. Since the menu changes daily, such an exercise would have to be repeated each day and might have to be repeated more than once in the same day if we were to run out of a certain item and insert a new item as a substitution. Not only is this impractical; it is virtually untenable
Furthermore, such an allergen handbook would contain all of our proprietary information which would be available to anyone upon request. This would put us at a distinct competitive disadvantage and would damage our ability to remain a unique and successful restaurant enterprise.
Given all of that, we would no longer be able to operate Heartland in its present form within the city limits of St. Paul.
Russo is far from a cut-throat capitalist running the culinary equivalent of an unregulated sweat shop. He makes every effort to support his community in letter and spirit. His restaurant provides the kind of service to patrons and the overall community which ought to be considered a model for others. Instead the heavy hand of a government all too typically ignorant of the unintended consequences of enacting nobly intended regulations threatens to drive him out of town.
Go ahead and read all of Russo’s fairly long post. Along with other long-established Saint Paul restaurant owners he’s been trying his best to bring the devastating impact of this potential ordinance to the attention of Saint Paul’s lawmakers. All that’s managed to gain is a further month of review before a vote. But Russo, like most business owners, can’t wait until the last minute to find out what the city council intends to do to him. He’s now planning to move his restaurant to Minneapolis, a city hardly known to be lax in its own regulatory climate which ought to show you just how out-of-control Saint Paul’s government is becoming.
Russo’s post closes with a statement that may serve as the epitaph for Saint Paul’s small business community at large:
So, so long St. Paul. It was great while it lasted.
It was great for Saint Paul’s citizens as well. One wonders how much more of this they will tolerate before deciding that maybe defacto one-party rule of the city isn’t quite as fun as they thought it would be. It’s certainly making Saint Paul a poorer place.
August 27th, 2009 at 1:18 pm
A young woman I cared about very much, whom I mentored over a period of years, died in a restaurant from an allergic reaction, despite the best efforts of EMTs who were there within minutes.
Manufacturers have to put ingredients on labels, including information about other things that are processed in the same facilities that could, however unlikely, contribute to an allergic reaction.
From my experience with the young lady’s fatality, (at 15 she decided that maybe it was ok to eat just a little shrimp despite her allergy; no other adults with her at the restaurant knew about her medical history) the thought crosses my mind that a person with allergies, first and foremost, has the responsibility and opportunity to ASK about ingredients and preparation.
I can understand a restaurant taking care to be able to answer such a question correctly, even if that involves managing ingredients and recipes that change daily.
Trying to respond to what are clearly issues that can be life or death is a difficult thing, but geeze, this book idea seems like one of the poorer solutions to a very real problem. There has to be a better solution; and without ‘reinventing the wheel’.
What has been proven by experience to work?
August 27th, 2009 at 1:28 pm
Ban everything anyone might be allergic to?
August 27th, 2009 at 1:48 pm
I say look at cost-benefit. The ADA act is a death sentence for mass transit in some communities.
There are many differently-abled activitists that say that if everyone can’t access everything, then no one will.
I don’t know that background of Melvin Carter III, but it’s possible he’s one of those who sit around all day thinking “wouldn’t it be great if…….” with no knowledge of what the true costs of his great idea are.
August 27th, 2009 at 1:54 pm
Read the column. Owner makes a very good point that a lot of gov’t types don’t understand. He said he has to renegotiate his lease soon. He can’t do that with huge uncertianity. Same with a retailer right now. You have to order your Christmas supplies soon. You can’t do that if something may or may not adverserly affect your business 3 months from now.
August 27th, 2009 at 1:59 pm
You’re right on, Chuck. Here are the highlights from his campaign website:
“Melvin has a background in community and electoral organizing; most recently he worked on the Policy Outreach Team in the office of St. Paul Mayor Chris Coleman.
A native of Minnesota, Melvin attended Florida A&M University and became engaged in the political process after his brother-in-law was turned away from a Florida polling location in Election 2000. Melvin has worked ever since to empower underrepresented communities through grassroots and electoral organizing with various community organizations and political campaigns, including Got Voice Got Power, Wellstone Action and Minnesota Victory 2004.
In 2005, he played a key role in his mother’s successful bid to become the first African American County Commissioner in state history.
In his personal time, Melvin serves on volunteer boards of three local non-profits, directs a choir at St. James AME Church in St. Paul and is a member of Alpha Phi Alpha Fraternity, Inc. For his dedication he was recently presented the St. Paul NAACP’s 2006 Community Service Award.”
link: http://www.melvincarter.org/about.htm
August 27th, 2009 at 2:28 pm
It’s all good, Doug. I’m sure that the Applebee’s that goes in at St. Clair and Fairview will have no trouble complying with the new regulations. And if the neighborhood is lucky, they’ll tear down the Groveland Tap across the street to provide the necessary parking.
August 27th, 2009 at 2:55 pm
I feel Russo’s pain. But by moving from the feverswamps satellite office to moonbat central, I fear he’s jumping from the frying pan into the fire.
August 27th, 2009 at 3:18 pm
I have an undiagnosed allergy. By that I simply mean that we can’t figure out exactly what it is that causes my tongue to swell up occasionally. I carry an epi-pen and benedryl with me everywhere. I’ve been to the emergency room several times and have been hospitalized twice with this life threatening problem and I know it’s not as serious as some folks who have severe food allergies.
That said, I have never and will never place the burden of my allergy on anyone else. If I knew what it was that causes this phenomenon, I would make sure that I stayed away from it. Take control; ask about specific ingredients when out to dinner!
As for the fifteen year old who died, that’s sad. She made a foolish decision, something kids her age do every day. Unfortunately hers was fatal. If we let the government regulate to the degree it would take to protect teens from all their foolish choices we may as well line up for the gulag today; there will be no freedom left at all.
Swiftee’s right about the frying pan/fire.
Heartland won’t last too long in Mpls, not if they’re moving because of the regulatory burden of city government.
No one with a business (or a job, or who hopes to someday have a job or a business, etc.) should ever vote for someone who spends their time ‘community organizing’.
August 27th, 2009 at 3:21 pm
The restaurants that could turn such a requirement to a competitive advantage would be fast food & chain restaurants.
The ol’ unintended consequences, again. Or maybe not. Is Melvin Carter a stakeholder in an LLC that owns the chain restaurants in St. Paul? Or perhaps he believes that a large, corporate structure is more open to play-to-play propositions than a few hundred independent businesses.
August 27th, 2009 at 5:32 pm
MLP wrote:
“As for the fifteen year old who died, that’s sad. She made a foolish decision, something kids her age do every day. Unfortunately hers was fatal.”
Absolutely MLP; the restaurant bore no responsibility for that tragedy whatsoever. It was traumatic for them to have a teenager drop dead right in front of them – from an allergy to their food, that they had just served. I have great sympathy and compassion for the restaurant owner and staff. What was perhaps the greatest shock was how quickly it happened, just a matter of a few minutes.
I can see where the restaurant has to know this information, so they can answer fully and properly if asked, even if they change their food daily. Someone has to know the answers.
The idea of the book though seems a bad one.
August 27th, 2009 at 5:41 pm
Typically for SitD, Bogus Doug quotes liberally from a critic of the ordinance rather than, say, THE ORDINANCE. Have you wingnuts gotten so lazy you can’t come up with kooky misinterpretations on your own? You need Bogus Doug or some local restaurant guy to do it for you? Heck, if you actually read the text yourselves, who knows what you might come up with. Death panels? Mandatory Heimlich maneuvers on non-choking patrons? Maybe proof that John Kerry never actually fought in Vietnam!
August 27th, 2009 at 6:17 pm
Mr. Russo owns an actual restaurant in Saint Paul. He’s been involved with the city council as they’ve been crafting this ordinance, trying to get them to see the harm it will do. As a result of his experience he’s decided to move his restaurant out of Saint Paul.
If AC thinks he’s acting irrationally, he’s welcome to point out how. It might make more sense to do his own research rather than just assume it must be right wing propaganda mischaracterizing a harmless little ordinance however.
August 27th, 2009 at 7:48 pm
Angryclown’s recollection of the challenges of running his own restaurant is SEARED, SEARED! into his memory, except it was a pop stand with cotton candy on the side.
August 27th, 2009 at 7:59 pm
Angry Clown refuses to discuss anything other than:
A) How stupid Bush was.
B) How big a nazi you are.
Angry Clown may go back to discussing how popular Obama is with the American people, but only if Obama digs himself out of his hole & becomes popular with the American people.
August 27th, 2009 at 10:07 pm
No kidding, Bogus Doug, he owns an *actual restaurant*? And he opposes a requirement that would be placed on owners of actual restaurants? Well you’ve sold me. Cause who else would be more fair and impartial in explaining a proposed law than someone who is completely opposed to it?
Russo may be exactly right, Bogus Doug. But we have no way of knowing from your post. And while the Mitchketeers are pretty used to having other people tell them how to think, Angryclown prefers to judge things for Himself.
August 27th, 2009 at 10:32 pm
Ah, more big government. How much are restaurant license fees going to increase as a result the extra inspectors needed to enforce this.
This is exactly like the smoking ordinances in that market based solutions were never considered. Pre smoking ban, there were a number of restaurants that were chose to go non-smoking. That wasn’t good enough for Big Cancer and the Liberal politicians, they didn’t work for an increase in smoke free establishment – they passed laws to make them all smoke-
free.
If St. Paul liberals want a bigger role for government, they could put into ordinance a voluntary program for restaurants that choose to participate.
I’m afraid Russo’s decision to move is will only delay the death of his business, assuming the DFL continues with its control of the legislature. If the DFL is still in charge after 2010, look for them to make the St. Paul ordinance a state law in 2011 or 2012.
August 27th, 2009 at 10:48 pm
AC, think about this. Russo has invested sweat and money to build up his business. Now liberals are are proposing an ordinance that a few years ago, no one would have imagined.
Russo is trying to protect what is his. You, with your moonbat ideologies, want to take control of what is his. As you “judge” things for yourself, try to keep that in mind.
August 28th, 2009 at 12:42 am
Mr Bogus, you do realize that your post is based entirely on a post that is based entirely on information received “second hand through emails forwarded to me ” by an author who has admittedly never “actually met or spoken directly to Melvin Carter” and just hours ago, posted an “update” to the original blog, that completely contradicted the entire premise of the original post?
@ Right: good idea. The ordinance actually already has such a voluntary program in it, which would provide restaurants a discount on their license fees.
@ Nate: kudos, sorta.. you seem to be one of the few who actually did some research of your own, but what point exactly does that small excerpt of his bio prove again? (by the way, you conveniently omitted his degree in business administration)
Stay sleep people. Don’t ask questions. Don’t think for yourselves. The world will be a much better place if you just assume that everything you read in a blog is completely true.
(before I go, might as well reveal my own biases: I’m a parent of a child with severe allergies, who is involved in this effort. Obviously, I applaud what Melvin is doing. Because of my involvement, I also happen to know that Councilmember Carter has, on multiple occasions, tried to engage Mr. Russo for feedback on this proposal, but Mr. Russo must have decided to post a blog instead. good strategy, huh?)
August 28th, 2009 at 6:11 am
Russo may be exactly right, Bogus Doug. But we have no way of knowing from your post. And while the Mitchketeers are pretty used to having other people tell them how to think, Angryclown prefers to judge things for Himself.
Uh, the point isn’t how you judge the matter, the point is how Russo, who has run one of the very best restaurants in the Twin Cities, judges the matter. He’s voting with his feet and St. Paul loses as a result. But thanks for reminding us that it is all about you, AC. The “Himself” part is especially telling.
August 28th, 2009 at 6:16 am
Wrong said: “Big Cancer”
Wow, your mind is incredibly twisted.
August 28th, 2009 at 6:41 am
The subtext of the proposed ordinance is, of course, that since the burden of preventing exposure to allergies is on the shoulders of the restaurant owner, an occurence becomes a tort and damages must be paid by the restaurant. Meaning the cost of insurance goes up, which is passed along to us, the consumers. And the trial attorneys have another income source.
August 28th, 2009 at 6:50 am
Really, golfdoc? You have the language in the ordinance where it says that? Cause disclosing ingredients would tend to protect restaurant owners in lots of cases. “You’re allergic to peanuts? Sez right here, the food has peanuts. Case dismissed.”
August 28th, 2009 at 8:08 am
Revv, you do realize that Bogus is commenting on Mr. Russo’s post, not ‘reporting’?
Let’s be clear on Melvin Carter. He may have a background and a business degree, but at the end of the day his only real job skill is being able to pick up a phone or answer an email from Lantry and Thune telling him how to vote. And then he does it. He could have a PhD from Harvard, he could be a homeless guy, Saint Paul would get exactly the same representation; Ward ONe is basically representated by Lantry and Thune. Same with Four. Stark is the sameway.
Carter voted FOR the stupid vacant building ordenance that Mitch reported on last year which is one of those “sensitlbe regulations” that is doing for home occupancy what this law will do for locally owned restaurants.
August 28th, 2009 at 8:26 am
Yes, Bogus Doug is commenting on a post by an opponent of a proposed law, which attacks the motives of the law’s proponents. Instead of, say, analyzing the law. Is that what passes for thought here in Wingnutville? Bogus Doug begins with the age-old premise that “all regulation of business is bad,” then swallows whole the argument of an opponent of the ordinance. Stir, bake halfway and garnish with ad hominem attacks. Voila! Wingnut souffle. Not much value added by SitD’s newest intern, if you ask Angryclown.
August 28th, 2009 at 8:28 am
revv5:
Thanks for the heads up on the update. However I strongly disagree that Russo’s update in any way “contradicted the entire premise of the original post.” The gist of the update had to do with the facts of original incident involving Mr. Carter which Russo presumed formed the basis of his proposed ordinance. The update notes that apparently Carter’s child did not actually come into contact with any allergens in that incident. That’s good to know. But it doesn’t change Mr. Russo’s concerns about the proposed ordinance itself one bit, and he says so in very definitive terms. Far from contradicting Russo’s original point he states in his update:
“On the one hand, I am very relieved to know that Melvin Carter was acting as a responsible parent when he insisted upon knowing what type of oil was utilized in the preparation of something he was about to feed his child. On the other hand, It raises for me serious questions about his motivation in bringing forward this legislation.”
Thanks for revealing your involvement and interest in the passage of this ordinance. But speaking as the parent of two children with food allergies myself, I wish you’d stop. This kind of thing does more harm than good.
August 28th, 2009 at 8:40 am
Speaking as the parent of seventeen children with food allergies, Angryclown says revv5 is right.
Also, Angryclown’s pet monkey is allergic to bananas.
Who needs logic when ya got kids with food allergies!
August 28th, 2009 at 1:05 pm
Revv5: I didn’t “convenient” omit his degree, his own website omits it which you’d know if you clicked the link I helpfully provided to the original source material. Melvin’s website says he “attended” college, not that he graduated or what degree or honors he may have earned.
You cite no source for your claim that his degree is business, but even if it were, you’re confusing credentials with credibility. Having a business degree doesn’t guarantee he knows how to run a successful restaurant any more than having an English degree guarantees someone will be a successful novelist.
Melvin and Barry are birds of a feather – community organizers who know nothing else, but think they do.
.
August 30th, 2009 at 1:58 am
@ Bogus: I appreciate the direct response. WHat I meant by “entire premise” was that the original post was basically that the guy’s trying to outsource his responsibility as a parent to restaurants. knowing that the “imagine this” scenario depicted at the beginning of the original post was just that- imagined, makes this all sound much more reasonable, don’t you agree? Finally, what exact “kind of thing” are you referring to? Mr. Russo’s post is clear that Melvin still hasn’t introduced ANYTHING at all, and he was actually quoted in the Star Tribune Thursday as saying he won’t until he’s gotten “really good feedback from restaurant owners” (inexact quote). Read the ordinance- the book is only one part of it, and one that I’ve heard Melvin say a million times that he’s not necessarily married to.
@ Nate: If by “Barry” you are referring to the 44th President of the United States, I will make sure I email this thread to Melvin immediately. I’m sure he’d be honored!
To all: in the first response posted, Dog Gone posted an important question, one I don’t think anybody has yet taken on: what do you think would work better?
August 31st, 2009 at 8:28 am
That’s easy: drop the stupid ordinance. People with severe food allergies will always be in some danger when eating at a restaurant, regardless of this attempt to make the world a playpen.
Or have you never been in a kitchen before?
September 2nd, 2009 at 1:39 pm
Hate to be a bother, but while that’s a response, it’s not an answer. It’s more of a deflection, really.
I’ll restate the question: knowing that there’s a life-or-death scenario playing out in restaurants over and over again, in which responsible customers ask for allergen information but are given incorrect information by servers, knowing that this scenario can cause both a life-threatening emergency to the customer and a huge liability to the restaurant, how do we practically reduce the likelihood of all this happening in our city?
Also, would SOMEBODY, ANYBODY please direct me to the credible, direct news source that verifies all the “facts” everybody’s in here harping on? As far as I know there’s only one- the Star Tribune Article that came out BEFORE that blog that says Carter delayed this effort (before that blog) in order to get “Really good feedback from restaurant owners” (or something like that).
Finally, Troy says that “people with severe food allergies will always be in some danger when eating at a restaurant”… to get more specific, using current data, that translates into: “6,000 Saint Paul children will always be in some danger when eating at a restaurant…” Good point, Troy! Somebody should do something to mitigate that danger! 🙂