Send Jared to Gitmo Update: Batie v. Subway
October 26, 2009 by Sean Kelly
Filed under Business
Last June, I published a post (SUBWAY: Send Jared to Gitmo!) that included a modest proposal: That the U.S. Armed Forces launch a predawn raid and whisk Subway spokesperson Jared (and his famous pants) off to Gitmo to be held until there’s a satisfactory resolution to the conflict between Lt. Col. Leon Batie, Jr. and Subway.
The idea took off, and variations and parody press releases were circulated across the globe, making their way to military bases and naval warships (Military Considers Abducting Subway’s Jared).
Leon Batie Jr. is a former multi-unit Subway franchisee and a U.S. Army Reservist deployed to Afghanistan. While serving his country abroad, Batie’s two Subway franchises fell behind on the rent (by $13,500, claims Subway; less according to Batie & his attorney). While he was dodging roadside bombs in Afghanistan, Subway seized ownership of the 2 businesses he had poured his savings and dreams into. The Subway area developer (OPM Ventures LP) allegedly turned around and resold Batie’s franchise locations for a profit, pocketing $100,000 profit off one of Batie’s units alone.
Batie and his attorneys (MULLIN LAW, PC) sued for $6M under the Servicemembers Act, a law that bars anyone from terminating an active-duty service member’s installment contract, including leases, without a court order.
Last week was a productive week for Leon Batie and his legal team.
On Wednesday, a Texas District Judge ruled that Subway did, in fact, violate federal law (Servicemembers Civil Relief Act) when it terminated Lt. Col. Batie’s leases without a court order while he was serving in Afghanistan.
Then, on Thursday, a Dallas County Judge announced in open court that Subway’s 2006 eviction proceedings against Batie were a “train wreck” and she ordered one of the two eviction judgments to be vacated and set aside. Batie’s team also has a pending motion to vacate the second eviction judgment on the other store.
The Dallas Morning News reported on the newest developments: Soldier wins 2nd ruling in legal battle with Subway
Will Jared’s Fat Pants Ne’er Fly O’er Gitmo?
Congratulations to Lt. Col. Leon Batie, Jr. and Mullin Law on their wins. I’m told that having a judge rule that Subway’s actions violated the Servicemembers Civil Relief Act is a significant milestone on the march toward a trial win. What Subway hopes to gain by not settling this worsening PR nightmare is beyond me.
On a purely selfish note, I must say that the Batie courtroom wins are, to me, bittersweet. While I’m happy that the courts are defending those who are risking their lives to defend America, I am sad that I may ne’er see my dream of Jared’s fat pants flapping proudly against the azure sky o’er Guantanamo Bay come to fruition.
WHAT DO YOU THINK? SHARE A COMMENT BELOW.
Image of Subway Spokesman Jared Fogle: NewsCom.Com
Shame on Subway! Any goodwill that Subway has developed over the years by making “Jared” a celebrity spokesperson will be overshadowed and undone once the world hears the name Lt. Col. Leon Batie and the treatment he received from Subway. Shameful.
Good that LTC Batie may get some justice. When I first read that Subway had taken his two stores from him, and profited, I cursed the judge that made it possible and I wondered why the judge had ignored the law concerning debts of those members of the armed services who are called to duty and are in combat zones. LTC Batie’s Subways were in an “underserved” area and he was working 80 to 100 hours a week in his stores, as I understand it, before he was ordered to duty in Afghanistan. He did the best he could but his “contract” with the Army was the priority.
I’m happy that these special laws mean something to some judges and that Subway can’t just, as usual, have their way with the court and walk away from it with LTC Batie’s investment in their pocket. These special laws are meant to protect the serrvice men and women who sacrifice and die to make it possible for the big franchisors and the Jared’s of the world to spread liberty and justice and capitalism to far away places to fill THEIR pockets with money.
Shame on Subway and shame on Jared and his pants full of money for their ugly stand and for their refusal to right an injustice. I haven’t been to a Subway since I read the original story –even though I know it is only hurting the franchisee owner,
Subway remains certain that they will have their way with the courts, as always, or they would settle! Read the BLOG “It Aint Fraud if you know Better” Ozark Legal – Business News, to see how the Courts always take care of Subway and franchisors.
http://thegreatfranchisingrobbery.blogspot.com/