Your Voices

Lenny Russo

Chef, Heartland

Russo is currently the chef and proprietor of Heartland Contemporary Midwestern Restaurant & Wine Bar in St. Paul. Russo has more than 30 years experience in the food and beverage industry including executive chef, general manager, food and beverage director and corporate chef for several Twin Cities companies, among them being U.S. Restaurants, Aveda Corporation, W.A. Frost & Company, Faegre’s, the Loring Cafe and the New French Cafe. Read more about Lenny Russo.

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Remembering September 10, 2001

Last update: December 17, 2009 - 10:22 PM

    
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When Rhonda Prast, the administrator of this blog, asked me to recount my most memorable day of the last decade, she suggested that I stay away from 9/11 since it is so prominent in everyone's collective memory.  Little did she know that my wife and I were married in the Tuscan hilltop village of Castellina in Chianti, Italy on September 10, 2001.  Given the terrible events of the following day, it is more than a little difficult to separate the two.  I am sure most of you can imagine the extremes of emotion I felt when the most joyous event in my life was followed by the fear and grief I experienced while watching the BBC as things unfolded and knowing full well that I had most likely lost both friends and former colleagues in the attacks.  That was, in turn, followed by relief in being informed that family members in both the Pentagon and the World Trade Center had been safely delivered from harm's way.  It's a weird feeling to be in a foreign country when war breaks out, and it is weirder still to be in the midst of a glorious celebration at the very moment it occurs.  So in deference to Rhonda's request, I will do my best to rewind my recollections to a time before 9/11 when the world was a much different place.

Mega and I had decided sometime in 1999 that the next time we were in Italy that we would stop living in sin and make it official.  She is a lover of all things Italian which probably contributed in large part to why she married me.  So in early 2001, we began planning a late summer trip to the land of my forebears.  Mega hired a wedding planner from Veneto who sent us an email with the choice of several venues for the ceremony.  We chose the medieval tower in Castellina in Chianti since we know the village well and even have friends there.  A quick trip to Florence for some paperwork was followed by some more paperwork in Castellina, and we were all set for what the Italians call matrimonio civile.

We awoke early on the day of the wedding which was no small accomplishment given the fourteen course groom's dinner we enjoyed the night before, each course accompanied by a different wine.  As a matter of fact, I had to tear my father away from a giant prosciutto ham for which he had developed a particular fondness.

We were staying as the guests of our friend Sergio Zingarelli who owns a winery just outside of Castellina called Rocca delle Macie.  He graciously provided us with accommodations at his beautiful resort property.  Relais Riserva di Fizzano is located a short drive from the center of Castellina, and it proved to be not only a magnificent place to stay but also quite convenient as things turned out.  I say that because we were being met that morning by a photographer who was not only there to record the day's events but was also responsible for bringing Mega her flowers.  Needless to say, we soon found ourselves pressed for time.

As the hour of our impending nuptials approached, we started to get a little nervous about being late for our own wedding.  We knew a dozen of our loved ones would be waiting there for us and that they were likely hung over and beginning to wither under the hot Tuscan sun.  Our photographer assured us not to worry.  He would make sure that we were punctual.  Right about that time I tore two buttons from my suit, the only suit I owned at the time, a black pinstripe Dolce&Gabbana number that seemed appropriate given its provenance.  Not having a needle and thread, I resigned myself to the fact that one button would have to make due.  Besides, Mega was so incredibly beautiful in her light pink vintage dress that I was certain nobody would be looking at me.

Finally, we were pretty much out of time.  Our wedding was scheduled for about fifteen minutes from when the last photo was snapped at Fizzano.  Our photographer, who spoke no English, made it clear that we should follow his car into town.  He would be sure to get us to the proverbial church on time.  What followed was a harrowing break neck drive around winding Tuscan roads at speeds approaching ninety miles an hour with him in his Alfa Romeo sports car and us in our tiny 1.4 L Mercedes Benz A-class hatchback we had dubbed the "sewing machine".  Sure enough, we were on time.

As we approached the group, all of whom had donned dark shades to buffer their bloodshot eyes, we were practically walking on air.  The weather was perfect, and the setting couldn't have been lovelier.  Not only that, but, as we climbed the stairs to the top of the tower, we were met by an artist acquaintance of ours who was showing his work there that day.  He presented us with a print of a watercolor landscape of Castellina that now hangs in the parlor of our home.  In addition, the town registrar, whom we had dubbed the "Italian Catherine Hepburn" due to her tremulous "On Golden Pond" voice (I half expected her to call my then septuagenarian father an old poop.) and who was performing the ceremony, bestowed upon us a beautiful ceramic plate and a stylized hand etched copy of our wedding certificate, both gifts of the townspeople.  It was pretty snazzy.

So with my father standing in as best man and Mega's sister Angie as matron of honor, Katerina Hepburn performed the marriage ceremony in Italian falsetto.  I responded to her inquiry with the requisite si while Mega responded with ba bene which is sort of Italian slang for "okay, I guess".  That elicited raucous laughter from all of the Italians present except for me.  Then Signora Hepburn, in her best trembling Italian, pronounce us husband and wife and wished us buona fortuna.

After sipping Champagne while taking in the Italian countryside back at Fizzano, we headed to the Michelin-starred La Collegiata for a post wedding repast.  Little did we know that in less than twelve hours the entire world was about to change.

 

 

 

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I have a Facebook impostor.

Last update: November 27, 2009 - 5:40 PM

    
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Update 12/03/09:

Today I received an email from Facebook telling me that the bogus page created in my name by an impostor had been deleted.  Thank you to those of you who offered suggestions on how best to handle that situation.  They were greatly appreciated.  For others out there facing a similar situation, I have some information to pass along that might prove useful.  First of all, kdavis30 suggested that I trademark my name which I found to be a very good suggestion given my other alternatives.  The problem with that is that the feds don't allow you to trademark your surname since someone else could have the same name which, of course, wouldn't be fair.  In my case, there is a Lenny Russo Band in New Jersey (Go figure.  Where else would it be?).  If I trademarked my name, the other guy wouldn't be allowed to use his own surname.  That's obviously unfair.  However, I could have trademarked "Chef Lenny Russo" which was the title of the Facebook page.  That would have cost me $325 and taken 10 to 18 months to complete so I am glad that Facebook finally responded to my plea.  Another alternative had me hiring a lawyer friend who is skilled at tracking down the sources of nonsense such as that, and he would have gone bulldog on that person.  I seriously considered that option before today.  At any rate, it is likely now that I will have to create a Facebook page for both me and our restaurant in order to avoid a similar situation in the future.  It's not something I relish doing, but it might be the best course of action.

When it comes to new communication technologies, I have always been more than a little bit behind the curve.  I don't own a cell phone, and my participation in social networking sites is extremely limited.  Some of you might laugh, but I still had a rotary phone until sometime in the late 1980's.  That's not to say that I am completely ignorant when it comes to these things.  After all, I created our restaurant website just two months after we opened, and I have been updating and maintaining it for the last seven years.

As most of us are aware, the rapid proliferation of new communication technologies including the various social networking sites, chat rooms and blogs is showing no sign of slowing down.  Rather, it appears to be gaining more momentum.  As a result, I have developed the habit of putting my name and the name of our restaurant in my computer's search engine every couple of months in order to see what might be making it's way around the worldwide web.  While that might sound a little weird, I have come to understand how much potential there is for misinformation to be disseminated and for that misinformation to gain traction on the internet. For example, I often receive phone calls from individuals and businesses seeking to rent out our private room.  The problem with that is that we don't have a private room.  It is also not unusual to have people show up at the front door asking to be sat on our nonexistent patio.  These folks have been misled by one or more of the various restaurant search sites that have guides to dining establishments that list amenities, hours of operation, locations and contact information.  Many times those details are incorrect necessitating that a restaurateur track down the site administrator in order to correct or update a listing.  In similar fashion, there is much written about our industry that those of us in the business never see.  More than once I have seen articles written about Heartland purporting to quote me when all that was done by the author was to extract a quote from another article and insert it out of context.  It's very helpful to be aware of this stuff so I try to stay as current as possible with what is floating around out there.

So imagine my surprise when a couple of weeks ago while I was performing my intermittent web check that a link came up for a Facebook page in the name of "Chef Lenny Russo" (http://www.facebook.com/people/Chef-Lenny-Russo/100000259964803).  Not being a Facebook member, I was more than a little curious about it so I clicked on it.  The link took me to a Facebook page that was apparently created by someone who has stolen my identity and is posing as me.  The page is relatively new since the photos on it appear to have been uploaded as recently as September.  All of the photos are actual Heartland shots that were taken either by professional photographers using sophisticated photographic equipment or by guests using their cell phones which were then downloaded to one or more photo sharing websites such as Flickr.  Those photos were, in turn, uploaded by my impostor to the bogus Facebook page.

I had to use a friend's Facebook account in order to view the entire profile and all of my so called "friends".  Besides the fact that I would never identify myself by utilizing the title "Chef" before my name, the profile contains all sorts of crazy stuff with which I would never connect myself and shows a contrived birth date that lists me as four years younger than I really am.  I didn't know whether to be flattered or freaked out.

While reviewing the page with my friend, she said that at least I could take solace in the fact that I am well known enough that someone would take the time to want to impersonate me.  Yeah, right!  At last check, my impostor has total of twelve "friends".  Not all of them are people.  A quick check of the only "celebrity" over whom I supposedly fawn showed that Bobby Flay has 34,835 "fans".  I know Bobby Flay.  He and I did a dinner together in Miami almost twenty years ago, and he recently dropped by the wine bar to say hello when he last came through town; but I wouldn't exactly call myself a "fan".  I'm not real big on celebrity worship, but apparently that hasn't stopped over 35,000 others from registering as Bobby's "fans".  I think that makes him slightly more popular than I.

So I was left wondering what exactly someone could hope to gain from impersonating me.  I could see no real benefit from it.  Whoever he or she is can't show up someplace pretending to be me.  My photo is posted on the page which would render the scam useless if this individual was to attempt to represent me in a public forum.  After contacting Facebook to report the abuse and after asking them to no avail to remove the page, a recent web search might have offered some insight into what some impostors might hope to achieve by impersonating people.

I began my search by seeking laws that might govern identity theft as they relate to social networking sites.  What I discovered is that no statutes currently exist that make it illegal for someone to impersonate another in this way.  In a ConsumerAffairs.com article dated March 17, 2008, David Wood reports that both MySpace and Facebook have been notoriously slow at removing pages that have been reported to be impostor created.  Individuals who have attempted to have these pages removed have found that they have no statutory recourse to force these sites and the impostors to remove these pages.  In fact, under something called the "Safe Harbor Provision", most websites are immune from prosecution as long as they can show that they exercised some sort of reasonable effort to cooperate in identifying impostors.  Instead, the only avenue available to them has been through civil litigation against the alleged impostor utilizing the so called "false light tort" wherein a person misrepresenting another person doesn't necessarily have to do harm to an individual but must merely be portraying that person in a false light.  What is needed in a case like that is for a lawyer to hunt down the impostor and bring a civil suit against him or her seeking monetary damages.

Besides the obvious misrepresentation and theft of my persona by this person, my main concern is for those who have signed up to be connected to this page.

Online reporter Bob Sullivan reports on internet consumer fraud and other such scams for MSNBC.com.  As recently as last October, he published a piece entitled "Facebook impostor scam a growing concern".  In it, he talks about how some people have had their identities stolen as a means of conning others into sending monetary assistance in response to false claims of duress or as a means of spreading malicious software.  Anyone who has signed up to be a friend of "Chef Lenny Russo" already believes that he or she is corresponding with me.  It wouldn't be very difficult under such circumstances to attempt to sell nonexistent products and services through that web page.  In my opinion, the potential for nefarious behavior on the part of this individual is quite high.  This person has already revealed himself or herself to be a liar capable of going to at least some lengths to deceive those who are signing up as "friends".  There is no mechanism in place to protect those who might be further conned.

On Thanksgiving Day, my wife's cousin Stacie told me that she found me on Facebook.  Of course, I revealed it to be a scam.  Being fairly savvy when it comes to online social networking, she was able to obtain the email address that is connected to that account.  Apparently, the impostor went so far as to create an email account using my name.  The email address, which is cheflenny@live.com., reveals that this person utilized the new email server for Windows 7.  Since Windows 7 is in the middle of its maiden launch, the Facebook account can't be much older than a few months at best.  It is my hope that by blogging about this that I can save some folks from potential harm. 

I have already sent a threatening email to the person responsible for this in hope that he or she will do the right thing and remove the page from Facebook.  If not, I will do whatever is necessary to track this person down and force removal of the page.  If that means hiring a lawyer and bringing a civil action against this party, then so be it.  In the meantime, I would encourage anyone who is connected to that page to sever any such connections and to report the abuse to Facebook by using the reporting tools provided by them.  Furthermore, anyone who is reading here while having any advice for me on how to better handle this situation please take the time to respond with a comment on this blog.  Your help and insights would be greatly appreciated.

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New Restaurant Failure Rates: Fact or Fiction

Last update: November 13, 2009 - 10:55 PM

    
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My wife Mega and I opened our restaurant, Heartland, in October of 2002.  Having just celebrated our seven year anniversary of operation, I got to thinking about other restaurants and their successes and sometimes failures and what leads to the idea that our industry has a failure rate that far exceeds other small business ventures.

In 2003, just after we opened, New York City Chef Rocco DiSpirito appeared in an American Express commercial where he boasted about the two restaurants he was currently running and how he was planning on a third at a time when nine out ten new restaurants fail within their first year of business.  Thanks for the publicity, Rocco, but due in part to that commercial and to your often times unintentionally comical reality series, The Restaurant, not only do many people think we restaurateurs are bunch of crybabies but they also think our industry suffers from a 90% failure rate.  As a member of our club, DiSpirito should know better than to perpetuate this myth, but the fact remains that most people believe in its veracity.

H.G. Parsa, an associate professor at Ohio State University with thirteen years experience in our industry, wasn't buying it.  In fact, he asked American Express to produce some data supporting that contention.  In a written statement, a spokesperson for American Express let him know that they didn't have any such data and that, as far as they could tell, none existed.  Consequently, Parsa conducted his own study which tracked 2500 restaurants in Columbus Ohio.  Through it, he found that one in four restaurants fail or change hands during their first year of operation and three in five do so by the end of year three.  While that 60% "failure rate" might seem high, it is no higher for our industry than it is for any other small business according to statistics supplied by the Small Business Administration and the Bureau of Labor Statistics.

Not to be outdone, Restaurant Start Up&Growth magazine commissioned its own study of the Dallas market and came up with very similar numbers, that is, a 23% turnover rate in the first year.  In other words, according to them a burgeoning restaurateur has a 77% chance of being successful.  That's not bad, statistically speaking.

So what does all this mean?  Well, guess what?  I'll tell you.

In practical financial terms, it means that many lenders who have latched onto this myth of a 90% failure rate won't lend to restaurants at all.  Those that will lend to prospective restaurant owners typically ask for sky high interest rates or seek significant collateral, such as a person's house, or both to secure a loan.  Since one of the primary reasons a small business fails is lack of sufficient capital and readily available cash flow, this is a myth that virtually sustains itself.

So how did we get here?  Well guess what?  I'll tell you.

In many ways, owning and operating a restaurant, especially a relatively high profile one, thrusts people in the glare of public light.  Do you really think I would have been asked to write this blog if my name wasn't constantly being bandied about in the media?  That's not very likely.  In similar fashion, those "closed until further notice" and "currently under new management" signs that appear in restaurant windows contribute to the illusion that we are a bunch of clueless fly-by-night operators who can't manage our ways out of a to go bag.  While there might be a few of us for whom that is an accurate assessment, for the most part, that just isn't true.

Even so, we remain less the victims of misconception than we do of our own propensity for creating bad publicity.  Let's face it, most stereotypes, no matter how egregious, have at least a flimsy basis in some reality.  Unfortunately, in our business we see it every day.  We all know of the restaurant owner who creates a much ballyhooed concept only to go belly up in a relatively short period of time and, in so doing, leaves countless individuals holding the empty money bag.  An operation like this is a miniature Ponzi scheme.  The restaurant accepts delivery of supplies from purveyors, is supported by the labor of its staff, leases a building space and so forth.  The ownership is continuously borrowing from Peter to pay Paul.  The wager is that enough juggling of the books can be done so that creditors, while overextended, will never call in their notes.  The hope is that as long as customers keep coming in the door then there will always be just enough cash to keep the dogs at bay.  In the meantime, the debt keeps increasing and the liabilities keep mounting while all the while the owner is buying a big house on the lake where he docks his cabin cruiser and garages his Mercedes sedan which he uses to shuttle his kids to and from private school. All that is needed for the whole thing to blow up is an unexpected downturn in customer counts or a major unanticipated expense.  Once that happens, without any cash reserves it’s only a matter of time before the restaurant goes belly up.

So what happens then?  Well, guess what?  I'll tell you.

Taxes go unpaid.  Employees are left with bouncing paychecks.  Landlords are left to scramble to make mortgage and property tax payments on properties that house tenants whom they have no other choice but to evict and then sue to recover back rent.  Suppliers, who are essentially unsecured lenders, must somehow attempt to survive the loss in revenue from unpaid invoices.  Banks are left with loans in default.  People suffer.

This is not to say that every restaurant or small business that does go under is due to unscrupulous behavior or mismanagement.  Sometimes the best conceived and most well run businesses fall victim to circumstance and must shutter the doors.  In those cases, well intentioned ownership will do their best to make good on outstanding liabilities.  Sometimes they are successful in doing so and sometimes not, but their intentions were never to rip people off or to operate dishonest businesses.

Other times, that is not the case.  I know of one high profile chef and restaurateur who fabricated his resume perhaps to con people into investing in his businesses.  How do I know this person was lying?  Well, he recited that very resume to me over fifteen years ago when he offered me a job, and it took about fifteen minutes of due diligence on my part to discover his con.  Nonetheless, he went on to open a series of restaurants, none of which were successful, and, according to reports, left most of his financial obligations unsatisfied.  Apparently, those obligations included employee wages.  One of my current staff, who previously worked for him, told me that she sat in his office for six hours demanding payment for back wages and gratuities before he finally caved in and had his accountant cut her a check for $1,300.  A chef who was recently a guest in our kitchen and who was also formerly employed by him told me that he is still owed $900 from over three years ago.  He was not so diligent in trying to recover his money and so has never been paid.  Granted, most of that is hearsay, but there are lawsuits that have emerged that lend credence to these claims. You have to believe where there's smoke there must be at least a little fire. Still, this individual remains active in our industry and is currently operating restaurants that bear his name.

How does this happen?  Well, guess what?  I'm not sure I can tell you.

It is not terribly unusual for someone to close down a restaurant and leave a trail of bad debts behind.  Still, a landlord will somehow agree to lease a space to such a person for the purpose of opening another restaurant.  Some finagling might occur whereby the ownership of the new restaurant is placed in the name of a relative or partner, but the identity of the person in charge of the day to day operation of that restaurant is no secret.

Usually, the media are complicit in helping to foster such returns to business as usual because the person in question usually has a high enough profile that it makes for interesting news.  That's understandable.  What isn't understandable is the way in which some of these charlatans are lauded by the media as if they deserve their benevolence and admiration for a job well done.  It is not surprising to see many of these establishments in "best of the industry" features.  My peers and I in the business often shake our collective heads at this and speculate among ourselves as to how long it will be before we see a repeat performance.

The harsh reality of this is that as long as someone is willing to give the unscrupulous operator money, lease him a space, agree to his employ and sell him product, then the whole sad affair will continue to repeat itself over and over again.  How many people do you think would invest with Bernie Madoff or Tom Petters if they were released from prison tomorrow and opened their own investment firms?  It sounds silly, but I'm guessing that there might be quite a few.  And if those people lost everything, wouldn't we all look at them and shake our heads in utter disbelief.  Would they be worthy of our sympathies?  I think not, and, in much the same way, anyone who would continue to support the unscrupulous people who are active in our industry almost deserves what he or she gets in return.

In summary, what we have is both a bane and a blessing.  On the one hand, media coverage of our industry helps fuel our businesses and helps drive customers to our establishments.  Without it, many of us would not be as successful as we are.  I cannot tell you how appreciative I am of the press we get.  By the same token, the public microscope under which we operate our businesses contributes in large part to the misconception that we belong to an industry rife with incompetence.  That misconception contributes in turn to making our road to success a much bumpier ride than need be.

We do operate in an industry that is very difficult and requires long hours and substantial personal sacrifices in order to successful.  But are we really any different from any other small business?  The statistical research says otherwise.  Now if only we can get the banks to agree.







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Why is the USDA continuing loans for new factory farms?

Last update: October 30, 2009 - 9:42 PM

    
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I am a card carrying member of the Land Stewardship Project.  For those of you who are unfamiliar with LSP, it is a private, nonprofit organization founded in 1982 whose stated purpose is to promote sustainable agriculture, develop sustainable communities and foster an ethic of farmland stewardship.

This morning, I received an email from them alerting me to the USDA's Farm Service Agency policy of continuing to provide loans to build new specialized hog and poultry facilities at a time when overproduction in these agricultural sectors is leading to depressed prices, contract cancellations, abusive contract terms and increased corporate consolidation of the hog and poultry industries.  This policy is a reversal of a directive issued on January 8, 1999, that suspended all direct and guaranteed loan financing for the construction of such facilities.  The reasoning behind the suspension was the concern that FSA loans of this type could exacerbate the crisis of oversupply and depressed prices that were already affecting the hog industry.  Shortly after assuming office in 2001, the Bush Administration re-instituted the loans, and so far the Obama Administration has continued to support this policy.

LSP's position on this is clear and unequivocal.  They believe that the USDA is siding with so called "mega-operations" at the expense of existing hog and poultry contract growers and independent hog farmers by issuing these loans.  In short, they claim that these loans provide public financing for speculators whose strategy it is to expand in order to seize greater market share when prices are low while existing hog and poultry producers are being forced to reduce production in order to cut their losses in an effort to correct the market by bringing the supply more in line with current demand.  They insist that these loans favor corporate-backed farming over small family farms.  They further contend that this is bad public policy that puts taxpayers' money at risk.  Why, they ask, are we increasing production at a time when overproduction is creating a crisis for America's farmers?  It's a good question and one that begs to be answered.

I have previously made know my dissatisfaction with the choice of former Iowa Governor Tom Vilsack to be the Obama Administration's Secretary of Agriculture.  My objections to this appointment were not and continue not to be without basis.  In 2002, then Governor Vilsack came out in support of genetically engineered pharmaceutical crops and, in particular, genetically modified pharmaceutical corn.  The previous year, Vilsack was named Governor of the Year by the Biotechnology Industry Organization which is the largest lobbying organization for the biotechnology industry.  He is also the founder and former chair of the Governor's Biotechnology Partnership.  A widely criticized economic development program created by Governor Vilsack called the Iowa Values Fund trumpeted Trans Ova, a firm that has pursued technological development in the cloning of dairy cows.  In 2005, Governor Vilsack pressured Republican State Senator Sandy Greiner to sponsor a bill that took away local governmental rights to regulate where genetically modified crops could be grown and proposed the elimination of all GMO buffer zones as well as the elimination of all regulations on GMO seeds.  During his tenure as Iowa Governor, it was not unusual for Vilsack to be shuttled about on a corporate jet provided by agribusiness giant Monsanto.  As Agriculture Secretary, Vilsack continues to ardently support the production of bio-fuels which have been shown to use as much or more fossil energy to produce than they can generate while contributing to an increase in world food prices.  Finally, the legacy Governor Vilsack left in his wake, a legacy that was put in motion many years earlier when as State Senator Vilsack he voted to take away local control of hog factory farms from local government agencies, is one that saw the greatest proliferation of confined hog feeding operations in the history of the State of Iowa. 

To be fair to Secretary Vilsack, he has over the last year moderated some of his positions on these issues.  For instance, he has publicly supported a reduction in the $17 to $25 billion annual subsidies that go to chemical, energy-intensive and genetically engineered crops that have continued to bolster factory farms and the junk food industry while wasting valuable nonrenewable resources and contributing to the destabilization of our climate.  He has also softened his support for the controversial biopharmaceutical crops by calling for mandatory labeling and insisting on strict liability for companies whose GMO crops cause genetic pollution.

Even so, these changes in policy do not go nearly far enough in establishing a new paradigm for American agriculture.  Our current petroleum based food system consumes 19% of our energy while generating 37% of our greenhouse gases.  Instead of continuing to appropriate massive subsidies such as the aforementioned FSA loans that serve to perpetuate this system, would it not be better for all of us if the federal government moved to help farmers and ranchers transition to more energy efficient and carbon-sequestering practices while fostering localized and regionalized systems of sustainable agriculture.

During his campaign for change, Barack Obama promised us serious reform.  Continuing to support the USDA's policy of Farm Service Agency loans to factory farms is not change that I, for one, can believe in.  I encourage anyone who opposes this policy to contact Secretary Vilsack at 202-720-3631 and voice your opposition to government funded factory farming and make known your support for America's family farms. 



 

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My Coffee with Melvin

Last update: September 12, 2009 - 5:13 PM

    
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A lot of people in both Minneapolis and St. Paul have been watching as those of us in the St. Paul hospitality industry have been working toward defeating a proposal by St. Paul City Council Person Melvin Carter III that would, among other things, require all restaurants and caterers to maintain and provide for their guests upon demand an allergen handbook listing all of the ingredients in each and every dish they serve.

Some weeks back, I blogged about this and about how such an ordinance would inevitably drive our restaurant, Heartland, from the environs of St. Paul.  I also gave an interview on that topic to Patrick Reusse for his KSTP AM radio show.  Soon thereafter, I received an email from Council Person Carter requesting a meeting.  We had that meeting at Heartland last Tuesday.  Here's what transpired.

It took about half an hour for Melvin and me to clear the air.  Apparently, he had not received all of the feedback I had sent regarding the initial draft of his bill as well as the feedback on subsequent drafts.  I had been receiving the drafts from an intermediary and returning my comments to that intermediary.  Unbeknown to me, he never received that feedback.  Consequently, we were both of the erroneous opinion that we were ignoring one another.  After clearing up that misunderstanding, we were able to move on in the spirit of cooperation and compromise.

Let me start by saying, that Melvin Carter is very nice person who, if taken at face value, is trying to do nothing more than address what he considers to be a potential health hazard.  Our point of contention centered on how best that could be achieved.  It was around this time in our discussion that we were joined by Molly Grove of the St. Paul Area Chamber of Commerce.  Molly didn't have much to offer the discussion except to caution Melvin about what kind of resistance he could anticipate from her membership should he put forward another proposal.

As our conversation progressed, I found him to be quite receptive to understanding how restaurants of Heartland's ilk operate and how his proposal would stifle our ability to succeed in St. Paul while actually making people less safe.  He expressed that his intention was not to do so.  In addition, it rapidly became clear to him that an allergen handbook such as the one he put forth in his most recent draft was not the best way to address his concerns.  Much like menu labeling of calorie counts or nutritional data on food packaging, the information contained in such a handbook is pretty much useless unless someone is educated enough to put that information to good use.  Furthermore, listing a bunch of ingredients in a handbook does nothing to alleviate the problem at its source.  In other words, it makes more sense to educate and train those involved in the preparation of food as well as those who have allergies or who have loved ones with allergies as to the potential risks and pitfalls associated with allergen contamination.  Why not attempt to stop the problem at its source rather than creating an ineffective band aid that would likely succeed in doing nothing more than handcuff thriving businesses?  Consequently, it took Melvin about forty five minutes to declare that the idea of an allergen handbook is off the table.  The discussion then turned to what steps can the industry voluntarily take to help ensure that people who suffer from food allergies not be fed an offending ingredient and what role, if any, can government play in assisting us in that endeavor.

First of all, let me just say that when I first wrote about this three weeks ago it created quite a firestorm within our industry as well as in the chambers of St. Paul City Hall. Some of those who read my blog decided to post comments either in support of or in opposition to what I had to say.  Some of those comments were quite insightful while others were less so.

Just for the record, to the best of my knowledge Council Member Dave Thune never supported the bill.  Those who suggested that he did are obviously upset with him for other bills he has supported, but I am sorry to disappoint you on this occasion.  Furthermore, to those people who seem to be suffering from either extreme paranoia or a seemingly total lack of knowledge about how a restaurant works as well as how servers get paid for their labor I can tell you with absolute confidence that no one in his or her right mind wishes for anyone to be harmed, let alone killed, by the food one consumes in an eating establishment.  Ownership does not want to suffer the liability that would accompany any sort of behavior that could be construed as grossly negligent, and restaurant servers do not work on commission.  A server has no motivation to knowingly lie to an individual about an ingredient in order to make a sale especially given the fact that patrons appreciate being redirected to something else or, as is the case at Heartland, a preparation can usually be altered to eliminate whatever allergens are in question.  My guess is that in doing so the server would likely garner a more appreciative gratuity.  So I implore you to please not disparage those who work so hard to entertain you when you are dining out.  While they are quite capable of making mistakes, calling for them to be prosecuted or worse for having done so seems like a bit of an overreaction.

So getting back to Melvin and me, I suggested that most restaurateurs probably wouldn't object to adding a statement on their menus reminding their guests to alert their servers of any dietary concerns or constraints.  Servers thus informed could then go to the kitchen and convey that information so that the patron could be better served.  That will not only go a long way toward protecting the customer, but it will also create a more well informed wait staff.

Melvin liked both of those ideas especially when he was enlightened as to the procedures we engage in at Heartland.  He suggested that restaurants and caterers have an action plan similar to what we do.  That's where it gets a little tricky.  Obviously, a fast food restaurant does not operate in the same way that a restaurant such as Heartland does.  I am very connected to the sources of my ingredients, and I can pretty much track our food chain right back to the origins of almost every item we use.  Our action plan when dealing with special diets is pretty straight forward and extremely effective.  Restaurants that do not have the benefit of that kind of transparency could find it very difficult to follow the same procedures we do.  Legislating some sort of mandate requiring them to do so would be unreasonable while solving nothing.  It would be much better to allow restaurants to form their own action plans and create their own policies in response to people with allergy concerns based upon the requirements of each business.  So how do we do it?

I believe that education is the key to creating a safer environment for people who suffer from life threatening allergies.  I would bet that the majority of people who cook or serve food in Minnesota don't realize that vegetable oil almost always contains at least some peanut oil.  I would also contend that the vast majority of the general population doesn’t know that hydrolyzed vegetable protein is, in fact, monosodium glutamate.  As long as a compound is less than ninety nine percent MSG, it can legally be labeled as hydrolyzed protein.  That's the Food&Drug Administration at work on your behalf.  That's not my fault or the fault of anyone else in our industry.  If you have a problem with it, I suggest you take up with the federal government. In the meantime, it would be best if we all took some steps toward educating ourselves about what it is that we are eating.

For the industry, this is a relative simple if somewhat cumbersome thing to achieve.  The FDA has a uniform food code that all states are free to follow in whole or in part.  For instance, here in Minnesota we don't require the use of plastic gloves when handling food since we understand that educating people about proper hand washing is a much more effective and safer way to prevent food contamination.  Consequently, the Minnesota food code differs from that of the federal code.  Adopting such a code is a function of the state legislature.

It seems to me that we could ask our state legislature to add a provision to the food code that would expand the educational requirements concerning food allergens and the risks involved with them that could be added to the Food Manager Certification Class that is already required by state law.  The cost of doing so would be minimal, and the benefits would be profound.

But what about the general public?  How might they become better educated?  First of all, one has to be responsible and motivated enough to seek out the information.  There is no getting away from an individual's personal responsibility when it comes to things like this.  Melvin has told me that he believes in that basic principle.  So what role should government have in helping people do so?  That's a tricky one.  I suggested to Melvin that the city could provide a pamphlet containing pertinent and important information about the subject of food allergens that could be made available upon request to all residents.  While there might be some cost involved in doing such a thing, it would be a fraction of what it would take to mandate some sort of mandatory compliance procedures that would require inspections and enforcement.  Not only that, it would go much farther toward achieving Melvin's intended goal; that is, to make the general public safer.

All of these things are the types of solutions that go to the source of a problem instead trying to catch up with it somewhere downstream when it might already be too late.  And, bonus!  They save money, too, while not crippling a vibrant industry.

Finally, I want to thank Melvin Carter publicly for taking the time to meet with me personally and to listen to my concerns.  By removing his intention to mandate an allergen handbook, he has made it possible for Heartland to remain in St. Paul.  Now all we have to do over the next seven months is decide where the best location for our restaurant might be.  We have a little bit of time to figure that out.  I will continue to keep you posted as we continue that process.

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What would Teddy Roosevelt say today?

Last update: September 5, 2009 - 11:36 PM

    
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I've blogged a lot recently about personal responsibility and unwelcome government regulation.  As a result, many of my more conservative friends and some of my more liberal ones have told me that I am starting to sound like a Republican.  Well if they are referencing former President Teddy Roosevelt when they speak of my supposedly newly found Republicanism, then I guess I can agree with them.

When I was a kid growing up in New Jersey, the political landscape was even more convoluted then it is today.  In the tri-state area of New York, New Jersey and Connecticut, there were many liberal Republicans who were holdovers from the mid-nineteenth century.  Some people may recall Lowell Weicker, Jr., Jacob Javits and John Lindsay.  Weicker ran against Ronald Reagan in 1980 for the Republican Presidential nomination and later left the party and declared himself an independent.  Lindsay switched to the Democratic Party in 1971 while he was serving as Mayor of New York.  In more recent times right here in Minnesota, one could point to former Senator Dave Durenberger and former Governor Arne Carlson as politicians cut from the same cloth.  As a kid, I never really paid much attention to party affiliations.  Most of the time, I was busy encouraging my working class father to vote for Gus Hall instead of George Wallace, a Democrat and a segregationist.

In fact, in its early years the Republican Party was responsible for bringing forward legislation that included a national banking system, protectionist tariffs, aid to education and agriculture, excise taxes and the creation of our national debt.  Those things don't really jive with today's Republican talking points.  Not only that, but the GOP was founded in large part by progressives and radicals in New England, New York and the Upper Midwest, today's so called Blue States.

Which brings me to one of my favorite American Presidents, Theodore Roosevelt.  I have found myself in recent weeks thinking a lot about him especially since the Minnesota State Fair is upon us.  It was at the State Fair that then President Roosevelt gave his famous "big stick" speech.  I think he said something along the lines of, "Speak softly and carry a big stick, and you will go far."  That statement became emblematic of his foreign policy, the idea being that the threat of overwhelming force should serve as a sufficient deterrent to avoid conflict.  He proved to be remarkably successful at doing so, and was the first U.S. President to receive the Nobel Peace Prize.

While that is probably what most people remember about Teddy Roosevelt, it is far from his most significant statement.  Roosevelt was a true progressive.  For instance, he was the first U.S. President to call for universal health care and national health insurance.  He advocated for a living wage.  He lobbied the judiciary on behalf of labor unions in their disputes with big business.  He dissolved forty monopolistic corporations and called for a "Square Deal" that ensured a fair shake for both the average citizen as well as for the businessman.  He instituted new regulations that limited railroad fees and set standards for purer food and drugs, and, in probably his most significant achievement, he founded the National Park System while promoting conservationism and the efficient use of our natural resources.

While under pressure from the conservative wing of the Republican Party, Roosevelt ultimately left them to form his own party which was aptly named the Progressive Party, colloquially known as the Bull Moose Party.  Under that banner, he continued to espouse his ideas of social equality and responsible capitalism.

Don't get me wrong, Roosevelt was far from perfect.  He was often extremely political and disingenuous, and he was oddly an avowed racist declaring that the indigenous peoples of Africa, Asia, Australia and the Americas were "savages" who could only advance themselves under the guidance of white people.  For someone who grew up in a house full of abolitionist Lincoln supporters, it is strange that he felt the United States was justified in propagating war against Native Americans based on some ethnocentric ideal of cultural superiority.

Nonetheless, during his time as our leader, Roosevelt worked hard for the principles in which he believed.  That is why I wonder what he might think if he was with us today.  What kind of speech might he deliver at the Minnesota State Fair circa 2009?

A rugged individualist, Roosevelt would probably be appalled at what is our lack of personal responsibility in almost everything we do.  We have become a land of people who spend more time pointing our fingers at one another then we do examining our own lives and how we might better live them.  We have exploited and destroyed many of our natural resources in the name of corporate and personal greed.  We have a nation where health care is considered a privilege and not a basic human right.  We have seen how the abandonment of sound regulation of the financial markets helped foster the worst finacial crisis since the Great Depression.  We have experienced a widening of the gap between the rich and the poor.  We have witnessed not "speaking softly and carrying a big stick" but instead bellicose war mongering and "big stick" imperialism.  And we have watched on the sidelines while our food system has been hijacked by corporations whose sole purpose is to make larger and larger profits while disregarding the health and well being of the very nation and its people which have made those profits possible.  I don't think Roosevelt would be very pleased or happy to see what we have made of ourselves.  I don't think he would be very pleased at all.

As for my friends suggesting that I am now espousing Republican values, all I can say is that I hope that the values I hold dearly are American values regardless of which party or political affiliation lays claims to them.  Just because someone is a Republican, a Democrat, a Libertarian or a Socialist doesn't mean that common sense should be left at door. 
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