That’s the question Circuit Court Judge Timothy McCarthy had to answer when the law firm of Ward, Damon, Posner, Pheterson and Bleau brought an action for injunctive relief on behalf of their client, Ben’s Deli of Boca Raton.
You see when Ben’s of Boca signed their commercial lease they negotiated a lease restriction that provided no other business in the shopping center could sell bologna, “salami, brisket, corned beef, pastrami, tongue or hot dogs”. So when Shorty’s of Boca opened shop and started serving bbq brisket…. well let’s just say the brisket hit the fan!!!
Denise Bleau, who supervises the litigation department at Ward Damon, argued to stop Shorty’s from violating the lease restriction and told the Palm Beach Post; ““Brisket is brisket. It doesn’t say, unless you make it with barbecue sauce instead of au juice. Shorty’s agreed to it.””
Now that Ben’s has posted a bond, Shorty’s must cease and desist serving their version of brisket immediately. Shorty’s has threatened to appeal McCarthy’s ruling.
Reading McCarthy’s opinion made me think of only one thing; “I’m hungry”. That’s right, I will be taking the entire family to Ben’s later today to enjoy the only brisket served on the block. Big kudos to Denise Bleau for her zealous representation and fantastic result!
If this article made you hungry, feel free to visit our sister blog; “The Smoke Pit” for all kinds of BBQ recipes!