March 1, 2001


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vegan living

Boycott Subway as They Bully Small Café

The owners of the Grosse Point, MI, Atom's Juice Café, which is an entirely vegan restaurant, have been embroiled in a legal mess initiated by the proprietors of a Subway sandwich shop located in the same strip mall.

In October, Subway owners Thomas and Doris Odren - with the corporate backing of Subway Real Estate - sued Fisher Road Properties, owner of the strip mall, claiming that Subway's advertising campaign "emphasizes and stresses the healthy nature" of their products, and that Atom's Juice Café was in violation of the no-competition clause in their lease. Their suit alleges that allowing Atom's to move into the strip mall "directly competes with Subway in their attempts to market healthy food products."

In response, Fisher Road Properties sued Atom's for breach of contract, and Atom's has had to countersue the landlord.

Owner John Chetchuti, a longtime vegan activist who owns the restaurant with his brother, David, has said that legal fees have drained the shop's profits and increased its debt. The cost of legal fees has threatened to put Atom's out of business.

``It blows me away,'' Chetcuti said. ``We're so far the opposite of Subway, I have no idea how we're in competition with them. My clientele is 5 to 10 percent of the eating population - the Buddhists, Sikhs, lactose-intolerant, Hare Krishnas, vegans and vegetarians. These people are not interested in Subway food. And Subway customers are not interested in our food.'

Chetcuti's business is green certified, meaning he uses no Styrofoam, cleaning chemicals or other destructive products. In addition 60 percent of the food in his store is organic.

Les Winograd, spokesman for Subway, said the company doesn't comment on pending litigation, but said it's not uncommon for outlets to have no-competition clauses.

A hearing is set for March 12 to determine if an agreement can be worked out.

Chetcuti said a move would be impossible for him, because they would go bankrupt after spending $180,000 of ``borrowed and begged'' money to open the shop and another $7,500 on legal fees, he said.

f you want to support a vegan business against corporate bullying, checks can be sent to 345 Fisher Rd., Grosse Pointe, Michigan, 48230. Please note on the check "Legal Fund Donation."

To speak to Subway, call 1-800-888-4848, then 85, then 1 to speak to a customer relations representative. Their e-mail address is asksubway@subway.com.