Restaurant Reviews and Liability

Recently a new food/kitchen website run by a local restaurateur/chef published a pretty scathing review of a pretty popular local chicken joint. I've read some bad reviews but this one was quite bad. Apparently the reviewer, an outside person hired by the website to avoid any conflict of interest in reviews, trashed everything from the decor to the food and everything else you could possibly criticize about a restaurant. Needless to say, he wasn't impressed. Two questions for everyone to think about:

1.) At what point does a review go from constructive criticism to just bashing a business?

2.) Is it possible at all for the business to pursue legal action in a matter such as this?

Maybe we can get our neighborhood expert Robin to weigh in and give us some insight.

[Robin Garr]

Yeah, good topic. I don't think it's a secret that the review was done for Griffin Paulin's "Kitchen Banter" website and was about Joella's Hot Chicken.

I read the original review, and I watched Griffin's two videos. That guy might be the second-best restaurant critic in Louisville.

You never know about lawyers, but there are tons of precedents that absolutely nail down not only the reviewer's free-speech right to express negative opinions, and even to do so in colorful, exaggerated language. There was a famous case involving a NYC noodle chef who was savaged in a review - NYT, maybe? - sought actual and punitive damages and was sent away by the court empty-handed.

The only possible wiggle room I could see might be an effort to argue that Griffin's blog is not "real journalism, but I think that's a failure from the get-go. The internet is mature enough now that there's been plenty of time to establish precedent that a journalist is a journalist, whether she works for a major media corporation or a blog.

So, short answer, I don't think they have a leg to stand on. Sadly, though, there's also the issue that a litigant with deep pockets and an angry attitude can try to grind down an opponent with a mountain of legal expenses. I hope Tony P wouldn't try to do that.

I totally agree with that and figured that would be your explanation. I've personally never eaten at Joella's, or ever been inside to see the set up, so I won't comment on that at all. The bigger issue I see, and this is probably just me looking from a business stand point, is this guy is getting ready to open a restaurant. I've also seen the videos and read the comments and personally think it's hilarious, but wouldn't one expect some type of backlash from the general public over something like this? Having all your chef/cook/restaurant buddies tune in to your live stream and hype you up because they think it's funny is cool and all, however, I can't really see Cindy and James Moneyspender having the same feelings about a situation like this in real life.

That guy might be the second-best restaurant critic in Louisville.

Then I'd hate to see who is 3rd and 4th. Wasn't impressed.

I thought the review was fair. I ordered a hot quarter dark with the same two sides, found the breading soggy, the heat level low (both by the admittedly absurdly hot Nashville chicken standards, as well as by the standard for something calling itself "hot") and the green beans and mac & cheese totally forgettable. The fact that he got crispy skin sounds like he had a better experience than I had, actually. But I chalked up my experience to the fact that I went opening week -- sounds like they improved the chicken since then. I thought the decor was somewhat cheesy, but it beats Prince's or the old 400 degrees or Mr. Boos, so my bar was low on that count.

The review was hilariously brutal. The threat of litigation was even funnier. And Griffin's response made me laugh out loud. I have no dog in this fight so I'll just enjoy all this for the entertainment that it is.

[Robin Garr]

That guy might be the second-best restaurant critic in Louisville.

Then I'd hate to see who is 3rd and 4th. Wasn't impressed.

Well, that was kind of my point ...

I don't agree with a lot of third-party reviews but I have to say that this one I feel is spot on! It certainly expresses my wife and my opinion exactly this restaurant! The only been one time but based on our experience will be going again.

Maybe I'm missing something here. Why would a restaurant owner trash another restaurant in town? I didn't read (or view) the critique (nor do I plan to), but it seems that it was beyond a simply negative review (which is far game). It makes one wonder who'll get the last laugh when this is said and done. I just don't understand why someone would set himself up for a hitjob, and most likely from surrogate/anonymous sources, just to get a few chuckles from some buddies. There must be some rancor tucked in somewhere.

I write this just based on what I have read here. I haven't ever met Griffin, nor would recognize him if I saw him.

[Robin Garr]

Maybe I'm missing something here. <snip> I write this just based on what I have read here. I haven't ever met Griffin, nor would recognize him if I saw him.

My impression - formed entirely online - is that Griffin is passionate about the food business and wants not only to cook for people but to write about cooking. His blog - Kitchen Banter - is edgy and funny. As I understand it, he wants to have reviews on the blog, but recognizes that he can't write them as a chef and owner, so he took on a writer to do the reviews, and agreed to keep hands off. It's actually a respectable thing, in my opinion, but people are people, so I wouldn't try to predict how it turns out.

First off, the review was SPOT ON! On my first visit to the offending (yes, that was a well chosen word for obvious reasons) establishment! I went once, and it left me wanting "never-more"!

Harsh.....Yes!
Accurate.....Yes!
Warranting the establishments reaction? To a degree, very possibly....but grow up folks! As a student of Journalism, I applaud honesty in print....and that piece was written with wit, truth, and a healthy dose of honest bravado!

What can Tony P. and company do.....two choices in my humble and very blunt opinion......

A) Get the frigging act together and do your product justice, or
B) Stick to pizza's and live the chicken to those who know what to do with it!

Hell, I can't even fry chicken to save my soul....hence, I appreciate anyone who can do it right!

Stepping off soap box!

I should comment here for those who have eaten at the original Joella's on Frankfort avenue.

I ate there once. Once. It was as bad as the reviewer claimed. The chicken and fries were soggy and greasy. I got the hot and it wasn't. The other sides I tried were meh. The service was slow.

Then I had a friend decide to go to the location in Middletown for their birthday and I joined them. If it's possible to have polar opposite experiences at what is essentially the same place, then I had them. The chicken was prepared perfectly the hot was very much so. Fries were crispy and tasty. Mac and cheese was good, kale salad also tasty. Service was fast and friendly.

I have no idea why one is so good and the other so bad, but I would never have gone back based on my first experience, and I've been back 3 times now based on my second one. All to the Middletown location. All excellent.

It sounds like Tony P. has some work to do at the Frankfort Avenue spot, though based on the crowds I see when I drive by... maybe not?

Agree or not, this guy is getting off too easily. Nancy Miller was slagged for a conflict of interest regarding her reviews and promotional work in the Secrets series (I think). And here, a local chef is using a blog to take down his competition under the guise of an "independent" review? And it's the only one on the site.

I don't buy it. I don't think it's wise for any chef or owner to publicly review his competitors. Praise friends, back-scratching -- I get that. This, I don't.

I'm glad I have to stuck to Royals. Never had an itch to go to Joella's and this seals the deal. Never, ever had a bad experience at Royals and the food has been served perfecto every visit.

I liked Royal's a lot, until a return visit revealed that they no longer sell separate pieces like thigh, breast, etc. Only chicken tenders. I don't like chicken tenders (gimme that quarter dark!) so, sadly, no more Royal's for me.