"You will stay open"

[George K]

[Doctor Phibes]

That's pretty dodgy.

[LuFins Dad]

I doubt that gets passed, even in NY. Beyond that, it would never stand the courts, and I wonder if Chik Fil A would have standing for a counter suit.

[jon-nyc]

There’s nothing remotely dodgy about it. The grantors of concessions set requirements all the time.

It’s common in commercial real estate too. When I was a teen I worked in a mall. The rule for the small stores was, if two of the three anchor stores were open, we had to be open. We didn’t always like it, but we followed it.

[jon-nyc]

For those that don’t know these are rest stops owned by the thruway system with no access from outside the thruway.

It’s not like setting a general law that, say, all restaurants in the state need to be open seven days.

[George K]

@jon-nyc said in "You will stay open":

The grantors of concessions set requirements all the time.

I wonder what the contractual requirements were when the restaurant was awarded the concession.

[jon-nyc]

Where they might have a case is if this could be shown to be retribution for political speech, a la DeSantis and Disney.

DeSantis was very helpful to Disney’s case by telling anyone who would listen that it was just that.

Maybe in discovery Chik-Fila could find similar evidence.

[Mik]

I wonder why Chik was selected for such locations, given that the Sunday close was known. Too many unknowns here for an informed opinion.

[Copper]

I agree it is ok to have whatever requirements are agreed to.

It makes sense to me that the Thruway would have a 7-day requirement.

But they shouldn't add the requirement until the original agreement has ended.

[LuFins Dad]

@jon-nyc said in "You will stay open":

There’s nothing remotely dodgy about it. The grantors of concessions set requirements all the time.

It’s common in commercial real estate too. When I was a teen I worked in a mall. The rule for the small stores was, if two of the three anchor stores were open, we had to be open. We didn’t always like it, but we followed it.

1. the grant of the concessions is a contract and lease that is already established. The State of NY can have those 7 day requirements, but it needs to be established at the time that they are accepting bids, or at the lease renewal. The state legislatures can not change the terms of an agreed upon contract after the fact through legislation without damn good reason, and wanting a chicken sandwich on Christmas Eve does not meet that threshold.

2. it also gets sticky with Thruway being a public corporation.

[jon-nyc]

I doubt #1 is true. It doesn’t break the lease after all or even impair it.

Do you think the state could mandate paper straws there without waiting for current leases to run out?

[jon-nyc]

Back to LDs first comment, I doubt it will pass

[LuFins Dad]

@jon-nyc said in "You will stay open":

I doubt #1 is true. It doesn’t break the lease after all or even impair it.

Do you think the state could mandate paper straws there without waiting for current leases to run out?

Sure. Not through legislation, though. Or if they did legislate it, they couldn’t just limit it to the Thruway Corp.

And it does violate the lease. Hours of operation are absolutely pre negotiated. And will have been a part of the bid/approval process.

My guess is that none of these Assemblymen are on the advise and consent board.

[jon-nyc]

I don’t think you’re right about that.

I kind of want it to pass so we can see it litigated.