The County's Side of the Chuckwagon Story

After dropping off my letters yesterday I spoke with two county commissioners. First, Bill Brown called me to let me know he read my letter and wanted me to clarify exactly what I was advocating for. I informed him that I wanted an explanation for why this happened and I wanted the ordinance changed so restaurants could cook outside 7 days a week if they wished. He then asked me a few questions and let me know that he didn't have all the facts from the health department at that time. He said a good way to advocate for changing the ordinance would be to turn in a petition at his office.

Later in the afternoon I spoke with Nelson Peters who presented to me a vastly different story than the one put forth by Frank Gray. Peters started by saying that several months ago he was brought in to mediate a meeting between 7 or 8 city and county departments regarding Bruce Marshall and his business. He said most of the issues were minor and they worked them out. He said the only outstanding issue was an unpaid sign permit and after Bruce informed Peters that he didn't have the money to pay it Peters offered to pay for it out of his own pocket.

Peters said that at no time was Bruce Marshall limited in the number of days he could cook. He said they sent a letter to the state board of health trying to help Bruce and they were awaiting a ruling back from the state on the issue. He said during this time there was absolutely no enforcement of the 10 day limit and that Bruce was free to cook everyday if he wished. He also said that he was cooking every day and that all of this was well documented by the health department.

Obviously this story contradicts the two columns by Frank Gray. I asked Peters, if the health department wasn't enforcing the ordinance and local government was bending over backwards to help him, then why would Bruce feel like they were harassing him? Peters responded by saying that he thought that Bruce understandably didn't follow the intricacies of local government and once he ran into a little bit of resistance he kind of just threw up and his hands and decided they were out to get him. Peters felt like the media has only portrayed one side of the story and that story was not completely accurate.

Obviously this needs a little more digging because these two stories don't add up and I think we all need to agree on what the facts are before we can move forward. Peters gave some information on two individuals that were involved in negotiations between the county and Bruce so I'm going to try and follow up with them. If any readers have info to share then feel free or if you'd rather do so anonymously then send me an e-mail at JPksu@hotmail.com

Pending new information I am also considering filing a request via the state's open records law to acquire any and all information regarding the health department's interaction with Bruce Marshall and Chuckwagon bbq...

Letter Calling for an Investigation into the Handling of Chuckwagon BBQ

Below is the copy of the letter I will be personally delivering tomorrow morning. I would encourage everyone to contact their councilmen, commissioners and mayor Richard about this matter. We can make a difference but people-powered politics only works if the citizenry gets involved. If local government won't listen to you then contact the Associated Press. If they still won't listen then contact the national newscasts. Or if you're creative, make a documentary about this or other incidents and share it on You Tube for millions to see. Just do something - don't let this happen again.

Contact the city clerk - skennedy@ci.ft-wayne.in.us - and ask her to forward your e-mail on to the council.
Contact the county commissioners - commissioner@co.allen.in.us
Contact mayor Richard - mayor@ci.ft-wayne.in.us

City Council, Commissioners, Mayor Richard:

I'm sure you have all read about the tragic story of Bruce Marshall and how the local health department ruined his business (Chuckwagon BBQ) and may have even contributed to his deteriorating health. I want to share my thoughts and concerns with you in hope that you will take action that will help explain how this could happen and what can be done to prevent it in the future.

I really enjoyed Chuckwagon. As somebody who has a smoker and loves bbq, I enjoyed the few occasions I had to talk shop with Bruce. I remember discussing the pros and cons of tomato vs vinegar based sauces. I also remember talking about smoked bologna sandwiches as well as whether or not the slaw should go on the side or on the pulled pork sandwich directly. It truly was the best bbq in this town.

I was extremely saddened to read the story in yesterday's paper. I was not close with Bruce but yet I still mourn his passing. Maybe it's guilt for not doing enough to bring attention to this injustice or maybe it's rage - I'm not sure.

Deep down I've always felt that government should be about helping people, making sure the little guy isn't forgotten and trampled on. That's the very core of my belief in government and yesterday it was shattered. Who was there to stand up for Bruce? Where were his councilmen, his mayor, his county commissioners? This city, across the board, failed Bruce Marshall. I can only hope that his tragic death can help jumpstart the process of reforming government so that it better serves the people and businesses of this community instead of working against them.

I think the city council and county commissioners should initiate a joint investigation into this matter so that we can all learn why the health department put these unnecessary roadblocks in front of this business. This investigation should also encourage others to come forward if they feel they've been treated unfairly by city and/or county departments.

At one point or another, each and every one of you have talked about finding ways to cut red tape in order to help citizens and businesses. Now is the time. I think local government at least owes Mr Marshall that much.

Sincerely

Jeff Pruitt

Was Chuckwagon Even in Violation of the Law?

I've done some digging through the Ft Wayne-Allen County Department of Health ordinances and it's not clear to me that the Chuckwagon restaurant was even in violation of the law. It appears the issue stems from the fact that the Health department decided that Chuckwagon should be declared a "Retail Food Service On-Site Establishment":

10-2-1-29 RETAIL FOOD SERVICE ON-SITE ESTABLISHMENT shall mean any licensed Retail Food Service Establishment that operates a Temporary Food Service Establishment on their premises for a period of time not in excess of ten (10) days per calendar month. Provided, however, this permit will only allow preparation of meat, seafood, poultry and raw vegetables.

Under this definition the Health department is declaring that the cooking of meat on an outdoor smoker qualifies as a Temporary Food Service establishment. But let's take a close look at how that's actually defined:

10-2-1-34 TEMPORARY FOOD SERVICE ESTABLISHMENT shall mean any Food Establishment in any enclosure, stall or other facility, whether fixed or mobile, operating at one site or location for a period of time not in excess of fourteen (14) consecutive days, in conjunction with a single event or celebration, where food in open form intended for human consumption off the premises is offered with or without charge.

Here's the issue - the Chuckwagon was not "offering" food from the smoker itself. It was simply a cooking utensil being used by the restaurant. In my opinion this definition would more aptly apply to a food stand or tent out in the parking lot selling food - like when you see the hotdog stand in the Lowe's parking lot or people selling barbecue chicken from the Kroger parking lot.

I guess what I'm getting at is that the ordinance is not cut and dry. That means the Health department chose to interpret the code in the most stringent manner and then went on to use that interpretation in order to harass Chuckwagon. Where is the check against this abuse of power?

The city council and county commissioners should fully investigate this matter and give the public an explanation on why local government decided to unnecessarily put roadblocks in the way of this small business. The investigation should also encourage others to come forward that feel they have been unfairly treated. You all say you want to remove red tape - well here's a chance to actually do it. I think we all at least owe Mr Marshall that much.

Bureaucrats Kill Local Business - Literally

JG columnist Frank Gray brings us the final chapter in what should be one of the most embarrassing stories for local government:

A notebook on the counter at the Chuckwagon BBQ on East State Boulevard contained thousands of signatures from customers. They were all calling for the owner, Bruce Marshall, to be able to grill his ribs outdoors every day.

He had cooked that way for months at a time for other restaurants, and he had followed the same practice for nearly a year after opening Chuckwagon in 2006.

But then, earlier this year, health officials came crashing down on him, citing a law that said restaurants can’t cook outside more than 10 days a month. If you run a transient business, traveling from one location to another, you can cook outside 365 days a year. But businesses that are at a fixed location can’t do that.

It didn’t make sense to his customers, and it didn’t make sense to Marshall. Rib restaurants in other cities are permitted to cook outside, 24/7, as they say.

But not here.

Marshall resisted, but eventually, under pressure from first the health department and later other departments, he had to cave. His restaurant turned into a part-time establishment, cooking two to three days a week.

That took its toll. Customers weren’t sure when he would be open. He lost employees who needed full-time work.

The restaurant wasn’t making money. Marshall became depressed. His health suffered. He had diabetes and problems with his blood pressure. His blood pressure shot up. But he swore he wouldn’t throw in the towel.

He never did.

Monday afternoon, though, at Parkview Hospital, he lost the fight. He suffered cardiac arrest and died.

I hope the health department is happy. Your insistence on ridiculous regulations and idiotic enforcement has driven a great local restaurant from this community and helped usher in the owner's death. Don't try to absolve yourself from that responsibility - you need to feel his family's pain. You need to realize that your actions have consequences. Read what you have done:

“He was very, very depressed about the whole issue,” said his cousin, Claudia Harris-Stevenson.

As recently as July, Marshall looked good, but as business flagged, he began to slide downhill.

“He was having problems with his blood pressure,” Harris-Stevenson said. “He just gave up. It got to the point where he didn’t care. His business was failing. Money wasn’t coming in.”

Late last week he received a letter from the county. He hadn’t renewed his restaurant license, and the letter threatened to shut him down.

“Bruce stressed himself all the way out,” said his sister, Clara Martin. “He went into a depression,” and on many days couldn’t even go into work. He just shut down.

On Saturday, family members said he didn’t look good and offered to take him to the hospital. He said no, he’d take care of it. He had a doctor’s appointment Monday.

But he didn’t make it to the doctor’s appointment. Instead, Monday afternoon, an employee took him to the hospital. On the way, family members say, his business was all he talked about – the lack of income and that it was failing.

“He shouldn’t have been thinking about that on the way to the hospital,” Harris-Stevenson said. He should have been thinking about himself, about his health.

Now, the restaurant is closed. It won’t reopen. It will turn into a vacant building, just the way it was for three years before Marshall started cooking ribs there.

Where was the city leadership when this man needed help? I'm sick and tired of listening to council members tell us how we need to cut red tape for local businesses - save it. The rubber met the road here and you failed. It's easy to talk about cutting red tape, especially in an election year, but stories like this speak for themselves. This wasn't some unknown incident - this story has been well publicized. Local government, county and city, failed Bruce Marshall. This is the type of statistic that doesn't show up in six sigma reports and other bureaucratic nonsense. This was a man's livelihood and now it's gone.

I am not without responsibility here - I too failed Mr Marshall. I enjoyed his restaurant but never did enough to fight for him. I strongly believe that it's the job of local bloggers to hold government accountable and to ensure that these issues are brought to the forefront. I shouldn't have allowed these bureaucrats to get away with this garbage and for that I am sorry.

It won't happen again...

City Council Should Not Enact Property Tax Reform

I spoke at last night's city council meeting about why enacting any of the property tax reform options before the council would be a bad idea because I was worried that this topic was beginning to fall off the radar. However, today's JG covered the meeting between county and city officials where they discussed the various options available to them to shift some of the property tax burden onto income taxes. While some readers may think this sounds like a good idea let me remind you that you should be careful what you wish for. Nearly all working homeowners would pay an increase in overall taxes under these plans. Thankfully Commissioner Nelson Peters and deputy auditor Tera Klutz seem to understand this:

County officials do not want to increase the local income tax this year because that would negatively affect the majority of Allen County residents who are working homeowners, Commissioner Nelson Peters said.

Even a small increase in the income tax would mean workers would pay more taxes overall, despite a lower property tax bill, Deputy Auditor Tera Klutz said.

In a related editorial in today's JG, it sounds like Commissioner Bill Brown favors the option that would provide "relief" to all property owners:

Q. County Commissioner Bill Brown suggested any tax break should go to all property owners, including businesses. Is that a good idea?

A. Only if City Council members consciously decide to move some of the tax burden now paid by businesses to wage earners. And that move will offer the least relief for property owners, many of whom will face higher overall taxes.

This issue illustrates a fact Hoosiers must keep in mind. Overall, each county would raise the same amount of money from workers and property owners; changes would shift who pays what. Workers who don’t own property would likely pay more.

The JG needs to make a more forceful statement here. Not only is it a certainty that workers who don't own property will pay more, but it's also true that any family or individual making over $24,000/yr will pay more. Does anyone think it's a good idea to decrease the take home pay and increase the overall tax burden for workers that are already significantly below the national median wage? Obviously Bill Brown does. Also, the JG should stop referring to a flat income tax as "progressive" - it is not.

The bad news is taxes are what they are - they will not be going down no matter what the city council decides. It's a zero sum game - for everyone that experiences tax "relief" somebody will see a tax increase. The problem is that under the options being considered by the city council working class people will be the ones to shoulder more of the burden.

If city and county officials want to do something then they should look at ways other states have restricted future property tax increases - namely they should look at levy caps that tie government spending increases to inflation and economic growth. Alas, that is another post for another day...

County Commissioners Should Choose Mike Sylvester (UPDATED)

UPDATE: Well nevermind. In my haste I made a poor assumption that Mike was just outside of the city limits but it turns out he's not. I should've know better but thanks to Karen Goldner for pointing out my oversight...

As required by state law (brought to the forefront by Mitch Harper) Ed Rousseau and Paul Shaffer are off the Fort Wayne-Allen County Convention and Tourism Authority board. State law requires members to be residents within the county but outside the city limits and both Shaffer and Rousseau do not meet this requirement.

Now the county commissioners need to replace them and I believe local blogger, and CPA, Mike Sylvester would make an excellent choice. I must apologize to Mike as he has no idea I'm writing this and I'm not sure if he even wants to be on the board. Mike is a fiscal conservative with a strong belief in open government. This particular board needs people with that ideology. In an editorial, the JG explains the importance of this particular board:

The county commissioners need to replace them with the best possible appointees – and do it as quickly as responsibly possible. The authority must soon decide on the city’s request to allocate $250,000 a year for 10 years to the Harrison Square project.

The convention and tourism authority’s most visible community role is in operating Grand Wayne Center. But the authority also serves as the local capital improvements board and, if a number of local officials have their way, could someday wield significant new power in approving and financing capital projects.

As a CPA Mike Sylvester is clearly qualified for this position. Mike should throw his hat in the ring and the County Commissioners should nominate him to serve this community...