This past weekend, August 1-2 2009, was Market Days here in Chicago. For those unfamiliar, Market Days is a giant street festival that takes up all of Boystown. The street is closed from Belmont to Addison, and all along the sidewalks booths are set up selling food or drink, various tee shirts and crafts, or offering information of various kinds regarding social services, political candidates, products from T-Mobile, etc. It’s billed as the largest LGBTQ street festival in the Midwest, and attracts over 300,000 people, easily, each of the festival’s two days.
The Chicago Diner is a vegetarian restaurant located at Roscoe and Halsted, smack in the middle of Boystown (3411 N. Halsted, Chicago IL 60613 (773) 935-6696 feedback@veggiediner.com or chef@veggiediner.com).
It’s been around since 1983 and has raw, vegan “cheesecake” and vegan “milkshakes” that are, in all honesty, pretty darn good (and that’s coming from committed non-vegetarians). The staff who work there are as liberal as you can possibly be, resplendent with piercings and vibrant rainbow hair colors. The whole establishment seems more at home in Seattle than Chicago (like it was shrunk, Kandor-style, dropped into a patchouli pouch, and then embiggened halfway across the country in its new home in Boystown, sandwiched between an auto glass repair shop and a 711). Customers have Caucasian dreadlocks, own more tie-dye than roadies for The Dead, and cover every inch of themselves in O-bot paraphernalia whenever possible. It’s a surreal experience to eat there — if the staff detects even the slightest glimpse of conservatism, their friendliness drops immediately. There’s always a definite “Us” vs. “Them” vibe at this place, intended or not, which might just be the nature of a vegetarian establishment in a meat and potatoes city like Chicago, as not only politically, but also in terms dietary, they find themselves fighting ideological battles that never end. Plus, without eating meat, they probably get exhausted and crabby more easily.
So, we’re not surprised by what The Chicago Diner did at the 2009 Market Days. Not in the least. We are intrigued, however, by the thought that they might not, in the end, be able to get away with it legally.
At Market Days, there were about 20 food/beverage vendors lining the street with prominently displayed TIPS jars at their cash registers. Bars such as Sidetrack, MiniBar, Cocktail, Lucky Horseshoe, FireFly, Spin, and others all had TIPS jars clearly labeled as such – with the clear direction that anything a customer left in the jar was a tip for the staff of the booth. Other food vendors like the Italian Sandwich Booth, the Polish Food Booth, the Chinese Food Booth, etc. also had these TIPS jars out. Here are a few examples of them:
This was the booth for FireFly, with TIPS clearly labeled on the jar.
Here’s the Italian Sandwich Booth, with the TIPS lettered in red on the mayo jar in front of the cash register.
Here’s Cocktail’s booth, with the big white box just behind the star that has TIPS written in black marker.
We have about 20 shots like this, of every TIPS jar we could spot. Without fail, all of the booths clearly labeled these kinds of jars as TIPS…except The Chicago Diner, which instead put out jars that made it appear they were collecting money for the “Sarah Palin Retirement Fund”:
So, all of the other booths had TIPS jars, but The Chicago Diner has jars that appear to be collecting for a “Retirement Fund” for Sarah Palin. There is no disclaimer anywhere saying this is some kind of joke. There were 6-8 of these jars spread out across the massive booth Chicago Diner had at Market Days, so it’s not like it was an isolated practical joke by an errant staffer. These were all printed out by Chicago Diner management and prominently displayed on their booth to collect as much as possible from customers.
What are the rules governing a business collecting donations ostensibly for a “Fund” of any kind? All around Chicago, there are little coin drop games, bubblegum machines, and other collection boxes at restaurants, drug stores, health clubs, etc., but those all have very clear indications of where the “Fund” dollars are going.
“TIPS” is one thing — a customer knows what “TIPS” means. It’s a tip for the staff serving you food.
But what is a “Sarah Palin Retirement Fund”?
We spoke to the manager-on-duty for Chicago Diner on Sunday August 2nd. She refused to give her name, but here are several shots of her, angry after we confronted her about the “Retirement Fund” jars:
She’s the one in the pink wig, telling a staffer we complained about the jars.
Here she is again, doing her level best to not give us a clear shot of her. For about 15 minutes, she actually kept her head down so that we couldn’t take a clear pic of her face.
If there’s nothing wrong with having “Sarah Palin Retirement Fund” collection jars at your for-profit, non-charity, non-501c3 business, then why do you need to hide from a camera?
You can’t really be sure, but the woman under the wig might be one of the owners of The Chicago Diner. If you can imagine her without the pink wig, she might be the brown-haired chef in the pic below. MAYBE she’s the blond, but she looks a little more like the brunette. She sure as heck isn’t Jem from the Holograms (no matter how much she wants to be).
We confronted the manager about the “Sarah Palin Retirement Fund” jars and asked her if the money collected was going to be donated to SarahPAC to fund Sarah Palin’s retirement from office as Governor, as the jars state and as we could reasonably imply since a fund named by The Chicago Diner in the fashion they chose to name it would sure seem to indicate as such.
“No, of course not. That’s for us,” she said.
“So, are you a 501(c)3 authorized to ask for donations to a “Fund” of any kind. If so, what’s your 501(c)3 number?”
“Look, for the last 5 years we ran a Bush Impeachment Fund and no one complained. People here hate Palin and we’ve gotten lots of compliments on those jars. People take their pictures with them and everything. So this is the first negative thing I’ve heard.”
“You didn’t answer the question. Do you see the difference between asking for TIPS like the other booths and asking for donations for what is a fictitious “Fund” you are running using Sarah Palin, a private citizen’s, good name?”
“I don’t have time for this. It’s a joke that everyone thinks is funny because Palin is a joke.”
“You should at the very least put a disclaimer up that this is a joke and that this is in fact a TIP jar, like the TIPS jars every other food/drink booth has. Because it sure looks like you are collecting money to hand over to SarahPAC at the end of the weekend and there looks like there could be a couple thousand dollars to give to Sarah Palin when Market Days is done.”
“We’d make less money if I did that, so the signs are going to stay up the way they are. I’m not giving a cent to Palin.”
She stormed off at that point, but she was clearly shaken by the questions regarding charitable fraud. This is, after all, a for-profit business — one that had jars out soliciting donations for what it claimed was a charitable fund.
Let’s take Sarah Palin out of the equation for a second.
What if The Chicago Diner had “Jerry’s Kids Fund” or “NAACP College Fund” or “Children’s Burn Unit Victims’ Fund” written on their jars instead of “Sarah Palin Retirement Fund”?
It’s Market Days, a great big LGBTQ party, so any charity outside the HIV/AIDS spectrum isn’t typically seen soliciting donations from this particular crowd. So Jerry’s Kids, the NAACP, and burn victims would be as out of place for “Fund” donations as the Sarah Palin bit seems.
What kind of hue and cry would come down upon The Chicago Diner if it had jars out asking for donations to a “Jerry’s Kids Fund”, when it was later learned The Chicago Diner kept all those donations for themselves? The MSM would be all over that, like pink on a bad wig.
There was nothing posted anywhere to clue someone into the fact that those tip jars were not really going to a retirement fund for Governor Palin. In fact, when asked specifically whether that money would go to Palin, the Chicago Diner staffers working the booth just smiled blankly and said nothing. Like this staffer:
Specifically asked if the money was going to Palin, the young lady just giggled, shrugged her shoulders, and said, “Dunno”.
So, there’s no disclaimer telling people this is a joke trading off a private citizen to make money for a for-profit business. Staffers don’t admit this is a joke and say “dunno” when directly asked about it. And it’s not something The Chicago Diner would have done with Jerry’s Kids, the NAACP, burn victims, etc.
For anyone versed in 501(c)3 compliance and charitable regulations, we wonder if there’s a complaint that can be made against The Chicago Diner’s business license for this — particularly since when alerted to the problem with these jars, and confronted about the ambiguity of their “joke”, they purposefully chose to not take down the signs or alter them with a disclaimer noting these were in reality TIPS jars like tall the others, just ones that purported to be contribution jars for Sarah Palin and her retirement.
Liberals are terrified of Palin.
You will never see a Mitt Romney, Mike Huckabee, Bobby Jindal, Rob Portman, or Haley Barbour “Retirement Fund” anywhere. Liberals were terrifed of George W. Bush and Ronald Reagan, too, because both men won two terms (and The Chicago Diner admits it used Bush to fuel their “Impeachment Fund” for 5 years straight). The “Bush Impeachment Fund” has a different vibe to it, as clearly someone couldn’t think that money was supposed to go to Bush, as he was never impeached.
But, Sarah Palin did retire as Governor…so a Fund collecting for her is not an alien concept. Pro-Sarah sites are doing just that continuously to build up SarahPAC’s war chest so The Guv can travel the country and make her presence known.
Liberals fall apart when pushed back, especially in a place like Chicago where they’re not used to that. The woman in pink from The Chicago Diner was genuinely stunned when we confronted her. If she gets enough emails and calls about these “Sarah Palin Retirement Fund” jars asking if the money is really going to SarahPAC or not, it might make her think twice about pulling stunts like this again.
If things like this are going on in your neighborhood, you should call the Liberals out on it too. In cities like Chicago, that are Liberal dominated, the reason they get away with so much is that no one dares challenge them.
Well, how about we challenge The Chicago Diner on this, and what they do going forward, and see what happens?
CONTACT:
The Chicago Diner
3411 N. Halsted, Chicago IL 60613
(773) 935-6696
feedback@veggiediner.com





August 4, 2009 at 6:39 pm
How monumentally TACKY for them to put something like that on a tips jar. I love, though, that she was so flummoxed when you confronted her. It only shows how seldom anyone in her world ever challenges her misguided political ideologies.
You are so right ….. they are scared to death of her because in less than two months, she did to a crowd what Obama spent two years learning to do.
Where I understand why she resigned from being governor (very good reasons that seemingly no other politician “got”) now I fear 2012 may be too early for her to run. She has popularity, but her weak spot has been depth and breadth of experience, which she would have gotten as governor the full term. Now the dems will beat her over the head with it. I think she’s a sure thing for 2020 … but now I worry about 2012.
August 4, 2009 at 6:47 pm
Ten,
Please flummox The Chicago Diner some more by giving them a call or sending them emails or a letter asking if they are going to give those donations they collected to SarahPAC so they could be used for a “Sarah Palin Retirement Fund” as advertised.
If that phone can ring all day with this, and if their email box gets full, they will think twice about pulling this next year.
August 4, 2009 at 6:49 pm
You got it!
August 4, 2009 at 7:04 pm
HB,
do we need to quote any rules or should we just ask them what they intend to do with the money? Also, is it ok if we say we saw it on HB or just say the web? I don’t want you guys getting anymore grief.
August 4, 2009 at 7:11 pm
Kei -
You can totally quote us. You can also say the Palin websites have picked it up — which as of a few minutes ago, they have.
We don’t know the actual law governing this — any help researching this would be great. It can be our “Mystery of the Week”. What happens when a business like this restaurant claims it is collecting for a “Fund” of any type but then keeps the money?
To us, it feels the same as if they used Jerry’s Kids or something to spur donations on, and then pocketed all of it. Instead, they used Palin. If just one person believed that money was going to go to the Governor to be used for her retirement, then it sure feels like fraud to us.
Who’s good at research?
Can we get an answer on if The Chicago Diner broke any laws? Remember, they were advised their jars were misleading — by Sebastian Gray himself, in person, with witnesses watching — and were told they should put up a disclaimer explaining they were keeping this money and not giving it to Palin, but they refused to put up the disclaimers.
Report back any response you get.
It would be great if lawyers out there could write to them on firm stationary and ask for clarification as to just where the “Sarah Palin Retirement Fund” dollars went.
August 4, 2009 at 7:19 pm
alright,
let me see what I can do.
August 4, 2009 at 6:46 pm
Ten,
I agree that her resignation was actually a good strategic move. She can beat Barry over the head with his senatorial paycheck while campaigning for pres. I think she is working on her foreign policy experience and brushing up on whatever she feels she needs.
I wouldn’t be surprised at all if she ran in 2012. She will be the ultimate “outsider”.
August 4, 2009 at 6:57 pm
Pinch me I’m dreaming.Oh happy day!
August 4, 2009 at 7:18 pm
Serena,
Give Chicago Diner a pinch by way of phone or email and let them know that donations collected for ‘The Sarah Palin Retirement Fund” should go to Sarah Palin, as noted on their jars.
August 5, 2009 at 5:20 am
Hillbuzz I am on it.Two rules of mine:#1:You don’t mess with Hillary and #2:You don’t mess with Sarah
August 4, 2009 at 8:01 pm
Done! Spoke with Del in Public relations and marketing and said I wanted to file a complaint concerning the fraudulant jars. He advised all letters should be addressed to
Marshall Hornick, Owner Chicago Diner
Glad you guys are back, missed you.
August 4, 2009 at 8:06 pm
Cherry,
Great job.
It’s weird Marshall is the owner according to Del when those two women are always featured in all the photos, never a man. It looks like those two women are the owners (and one of them is the woman in the pink wig who refused to put up the disclaimers that this was actually not a charity collection).
The next few days will be used to research the law governing something like this. Since the woman in pink refused to issue a disclaimer, Chicago Diner deliberately misled people as to where that money would go. That sure seems like fraud to a layman.
Please chime in lawyers.
It also feels like it could impact their business license, if Chicago Diner is impersonating a nonprofit just to take in money like this at a festival.
It’s pretty shameful on their part. And it’s really sad, too, because they put out good food and it’s an interesting place. It’s really sad to see them stoop to charitable fraud like this…like watching your favorite pet drink from the toilet. We can’t ever look at that place again.
August 5, 2009 at 12:21 pm
Chicago Better Business Bureau info:
BBB Headquarters
330 N Wabash Avenue Suite #2006
Chicago, IL 60611
Office Hours:
8:00 AM – 5:00 PM Monday – Friday
Contact us by Phone or Fax:
Phone: (312) 832-0500
Fax: (312) 832-9985
August 5, 2009 at 12:23 pm
Call your AG, Lisa Madigan. Let’s see if she does her job without political bias:
Note this headline:
“AG files suit against alleged fraudulent charities
advertisement
THE ASSOCIATED PRESS
Posted May 21, 2009 @ 07:49 AM
CHICAGO —
Illinois Attorney General Lisa Madigan says she’s filed suit against two charities that allegedly made false claims about their connections to law enforcement authorities and veterans groups so they could collect donations…”
August 5, 2009 at 12:27 pm
Another idea: Call Greta Van Susteran’s husband’s law office. You know he’s a PUMA, and he’s helping Palin. Got this off Law.com. Christ, I just can’t say no to the Buzz Boyz!!!! Now, 5 more minutes of research, then I gotta go…
“Who Is the Prominent Plaintiffs Lawyer Helping Sarah Palin?
Brian Baxter
The American Lawyer
July 7, 2009
………………………..
… Within Todd Purdum’s story we learn that John Coale, a name partner at Washington, D.C., plaintiffs firm Coale Cooley Lietz, helped Palin set up her own political action committee (SarahPAC), as well as the Alaska Fund Trust, meant to help Palin pay her legal expenses. (The WSJ Law Blog cited the estimated $500,000 in legal fees Palin owes to Alaskan firm Clapp, Peterson, Van Flein, Tiemessen & Thorsness as one possible reason for the governor’s decision to step down effective July 27.)
Purdum writes that Coale, a noted trial lawyer and fundraiser who last year donated $85,300 to mostly Democratic causes, met Palin through his wife, Fox News’ Greta Van Susteren.
Coale told Purdum that he believes Palin has been unfairly maligned by both liberals and conservatives, and that while he doesn’t consider himself to be Palin’s political adviser, he still exchanges e-mails with the soon-to-be-former governor from time to time….”
August 5, 2009 at 12:32 pm
HILLBUZZ–PLEASE DO THIS!
Sarah’s personal lawyer is Thomas Van Flein. CALL HIM and tell him what you saw. Whenver I’ve needed to change a situation, I’ve gone directly to the source of who can do the changing. I’m telling you, this is the way to go:
Thomas Van Flein, Esq.
Clapp Peterson Van Flein Tiemessen & Thorsness Llc
* (907) 272-9228
* Serving Anchorage, AK
August 5, 2009 at 1:23 pm
Garlic,
You are better than Nancy Drew! Called but he is not in…found an email though and sent him the story.
Now, we just need to get the info to SarahPAC itself…and also start work on the rest you suggested like Madigan, but don’t hold your breathe on her doing anything, because at 50 she’s yet to do anything worthwhile to warrant such lofty expectation. We also have a useless Alderman here in Chicago (Alderman are what we call City Council Members). His name is Tom Tunney and he owns several Swedish restaurants called Ann Sathers. The man collects $150,000 a year in salary as an Alderman, but spends almost all of his time in his restaurants, bussing tables and cooking. Which is great. But it would be nice if he did something as an Alderman…like in an instance like this. We will try to get his attention too, but if it’s an especially busy brunch shift today, we’ll need a lot of luck.
Aren’t you jealous you don’t like in Illinois? Just think of all these wonderful characters who could be part of your life if you did. And all are generally pretty rude, condescending, and mean-spirited Liberals to boot. Hope! Change!
August 5, 2009 at 2:41 pm
Yes, very jealous–I could be shooting blood from my eyes every day instead of just most days!
Lemme tell ya, living in cohousing, tightly surrounded by what have (with few exceptions) turned out to be the most uber-Lefty intolerant hypocrites with misplaced priorities is no day at the beach. *Ah, the beach. I miss the Jersey shore and my friends and neighbors there, sniff…sniff.*
Good luck with Tunney, and I bet you’ll get a reply from Sarah’s personal lawyer. Don’t forget Greta’s hubby. He’s already admittedly pissed by the mistreatment heaped on Sarah. He’s a HillRod, and, like the rest of us HillRods, all too familiar with that enraging scenario.
Will check in again when I can.
xoxox, garlic
August 5, 2009 at 2:43 pm
SarahPAC
P.O. Box 7711
Arlington, VA 22207
(202) 747-1812
Email: info@sarahpac.com
August 5, 2009 at 12:13 am
[...] is rewarding and instructive to read their new posts, which I recommend here and here. Because some of my gentle readers are very wary of anything related to Hillary Clinton and [...]
August 5, 2009 at 12:31 am
Done! Thanks HB for alerting us to this.
August 5, 2009 at 2:58 am
Good to see you back! yay!!
August 5, 2009 at 3:55 am
Well, I’m pretty sure that having that printed on the tipjars with no disclaimer is illegal. I’m also pretty sure that, being as how that’s Chicago, nothing will come of it. The rules are pretty restrictive on 501(c)3 charities, thing is, in chicago the rulebook is ignored and the only rule is what the big wheel Dems want.
Now if this were Dallas…
August 5, 2009 at 4:04 am
Oh, and sorry to hear about your friends. While I’m no big fan of Hillary, that’s politics. Friends dying is supposed to be more important than politics.
August 5, 2009 at 7:28 am
From the looks of the jars, I would imagine that they were not done just for Market Days, but are a permanent fixture at The Chicago Diner. Is there anyone in the area that can investigate if they are used in the Diner as well. The IRS does not find much of anything funny, so I would think that The Chicago Diner would have some “splainin’ ‘ to do to the IRS.
I will send an email off to the diner and let you know if I get a response.
August 5, 2009 at 8:02 am
We think it might be a good idea for anyone who knows someone at the IRS to ask them about this.
What happens when a for-profit business asks the public for money under the guise of a “Fund”, but then keeps the money.
Saying it is a joke at Sarah Palin’s expense doesn’t seem like it would be good enough for the IRS.
It sure feels like Chicago Diner could get into a lot of trouble over this…but not knowing the law, we don’t know.
August 11, 2009 at 12:41 pm
If those funds were then distributed to the staff as Tips, they are required to report it as income and the establishment is required to insure that it is properly reported. A simple request, I can assure you, if reported to the IRS to audit the income reporting of the staff in question would be followed up on in an audit.
August 5, 2009 at 8:55 am
You guys are always a cut above in regards to doing the honorable. I am so glad you are back! I was worried that something had happened and sorry to find that it did.
August 5, 2009 at 9:15 am
While it may run afoul of the 501 laws, it is simply fraud. Such as 815 ILCS 510/Uniform Deceptive Trade Practices Act.
They misused her name, but did they misuse her likeness? if they did, that’s a no-no, too.
Another fed agency that would have jurisdiction would be the FTC. Of course, telling SarahPAC would be of great use. I suspect a nasty-gram to the diner from Sarah’s legal team will get the attention really quickly.
August 5, 2009 at 9:23 am
IRA -
They had no photos of Palin present anywhere. The only “Palin” reference was on the jars, as photographed.
We don’t know anyone at SarahPAC but wish someone who does would tip them off to this.
Do you have links to any specific forms people can fill out to register complaints?
August 5, 2009 at 11:52 am
https://www.ftccomplaintassistant.gov/
Quote: Before You Submit a Complaint
The Federal Trade Commission, the nation’s consumer protection agency, collects complaints about companies, business practices, identity theft, and episodes of violence in the media.
Identity theft, of a sort…
August 5, 2009 at 9:31 am
I am so glad to see you back! You have been missed! You were in my thoughts because I was worried when the posts stopped. I am sorry for your loss. Welcome back and Thanks for your great work!
Take care!
August 5, 2009 at 10:41 am
I am so sorry for the loss of your beloved friends Hillbuzz. Please accept my condolence. If it is any consolation, several years ago, I went into a diabetic coma, had heart, lung and kidney failure and by all acounts was “technically dead” for 7 minutes. I was not a deeply religious person but always felt a spiritual connection to the world so I personnally do not believe an individuals preference for a religion dictates “if” and “where” you go in the afterlife. During the 7 minutes, I took the most beautiful and extraordinary journey of my life. I can assure you that Lionel and Kathy are in the most loving and wonderful place. I know it does not diminish the pain you are going through, but I hope it might comfort you a little to know someday you will reconnect with your loved ones. I also would like to apologize if I was one of the people that put any pressure on you to write everyday. Although I thoroughly enjoy your articles, I understand it is very time consuming. On another note, I am so glad to see you are back. I’ll see what information I can find on the Chicago Diner rip off fund.
August 5, 2009 at 10:50 am
AJ -
Love you. Always. If ever you want to share anything about your journey — and we know it is very personal — we think it would help many people to hear it. Say what you want on the topic…but what you’ve said already was a big help in its way.
Any help you can give with The Chicago Diner Ripoff Fund would be appreciated as well.
August 5, 2009 at 11:50 am
This is exactly how every liberal person reacts when you question why Sarah Palin isn’t able to lead the country, or why she’s “so dumb”? They have no answers and are stunned that you don’t feel the same way…
Great story — love it… I’d love for them to go down because of it!
August 5, 2009 at 3:35 pm
Tried to email it did not work soooooooo I put in a call to them… It’s just unprofessional and tacky!
August 6, 2009 at 10:07 am
Hillbuzz! Sad to hear about your friends. Glad you’re back. You are among the hearty souls who live fully through life and keep showing up. If not for you, No Quarter, Hillary Clinton Forum and the Just Say No Deal Coalition throughout the primaries and GE, I think I would have lost my AMERICAN mind.
Here’s hoping you are all getting some R and R–and praying you keep leading us newbie internet folks through the corporate-run fascist media information blackouts that helped install the corrupt bho the fraud and his politburo.
We the People are still here!
August 6, 2009 at 12:34 pm
I just called asking for a refund and plan to keep calling all day.
August 6, 2009 at 12:59 pm
Thanks for getting this out there. Man, these people are something else.
You know, I can handle people poking fun at Sarah, poking fun at politicians is kind of a tradition, and she’s not above poking fun of herself. But this sort of thing is not right.
Of course, I’ve followed Sarah for years now, and totally love her as a politician and a person, so frankly, I don’t get why anyone would have such visceral hate for such an outstanding woman, except for pure fear!
They fear her because she represents everything that is good and great about America.
I’ll get this out there and shake some bushes. Also forward it to Van Flein, her attorney.
Thanks again for everything all of you do.
August 12, 2009 at 10:03 am
[...] A Chicago blog takes offense when a local diner labels its tips jar “Sarah Palin Retirement Fund.” (Via Phil Vettel) [...]