Pocono News Section

Customer Charged With Crime For Leaving Restaurant

Customer Charged With Crime For Leaving Restaurant - Friday, April 11, 2008 at 5:14PM EST

Reported by: Jeff Chirico
Friday, Apr 11, 2008 @05:14pm EST
LENOX TOWNSHIP, SUSQUEHANNA COUNTY --Here's a story people will be talking about. How long would you wait for food at a restaurant? A half hour? An hour? How about an hour and a half? That's how long one family waited before they had enough and walked out. Now police are charging them with a crime.

The entrees never made it to the table. Nonetheless the restaurant owner called police as the customers left. Weeks later, the family received a citation in the mail for nearly $200. The whole case raises questions about how long consumers should have to wait.

Theft of services -that's the charge Tim Boyd from Philadelphia is facing for leaving Mamasita's restaurant in Kingsley, Susquehanna County.

Tim Boyd says "they kept telling us the food was coming out. It never showed up." After an hour and a half, Tim and his party of 8 had enough. Sandy Boyd says they were basically holding us hostage as customers. Kept telling us food was ready to get our money." As the Boyd's walked out, customers followed-- jotted down their license plate number and told the owners to call police.

Now they owe $192 --which includes half the cost of the bill plus fines and court costs. Folks we spoke with don't think the Boyd's did anything wrong. “if it took an hour and a half. I'd leave." “I think its a crime the restaurant made them wait an hour and a half. And they should be charged."

Attorney Mike Vough says waiting an hour and a half is totally unreasonable. Customers should expect service in a reasonable amount of time. He says Mamasita's didn't deliver but he believes the Boyds --who didn't pay for their drinks --didn't handle it right either. Vough suggests customers say to the wait staff “if I don't have food in 10 minutes, we're leaving. Give us bill for sodas and drinks. We'll pay for that we're leaving."

Manuel Uribe, the chef at Mamasita’s says "I'm the only cook. It's a small kitchen. Limited staff. People understand that." Chef Manuel Uribe says the customers were warned it could take a while because the restaurant was busy. He described the Boyds as impatient and rude.

"Were you disruptive and rowdy? I think the kids might have been. That's because they hadn't gotten anything to eat."

Tim Boyd has pled not guilty. Now a hearing will be scheduled before the local magistrate in Susquehanna County who coincidentally happens to be the sister-in-law of the restaurant owner. We want to know what you think.

If you find yourself in a similar situation, give a ten minute warning that you're going to leave and make sure you pay for your drinks and any appetizers you ate. Also get a receipt in case it ends up in court.