As a follow up to our post last week about a Memphis-area Burger King declaring on its signage that “Global Warming Is Baloney,” it’s worth sharing Leo Hickman’s conversation with the marketing director of the BK franchise-owner responsible for the signs, Mirabile Investment Corporation.
One of our favorite journalists and a features editor for the UK’s Guardian, Hickman wanted to see if he could get more information from both MIC and Burger King Corp on the growing controversy. Burger King Corp was quick to tell him “the statement that was posted on several restaurants’ reader boards in the Memphis area and the view expressed by the franchisee on this issue does not reflect Burger King Corp.’s (BKC) opinion or view.” He then reached out to MIC’s marketing director, J.J. McNelis, and, as he explains, his phone call proved to be “one of the more memorable calls [he's] made as a journalist.” It was clear he was dealing with a rogue franchisee.
Hickman writes,
Chris Davis, the Memphis Flyer writer, had said that his calls for a quote had remained unanswered. So I decided to see if a little English charm could draw the evidently coy MIC out of its shell and, to my surprise, I was patched straight through by the operator to J.J. McNelis, MIC’s marketing president. What proceeded was one of the more memorable calls I’ve made as a journalist…here, for your delectation, is the full transcript of the call I had with the soon-to-be-legendary J.J. McNelis. As another well-known burger chain would probably say, we’re lovin’ it:
Me: How does your company react to this story?
McNelis: We’ve certainly observed what’s been going on. A quick answer to what our reaction is would most accurately be described as amusement.
Me: Why do you say that?
McNelis: It’s pretty amusing the amount of fervour that some of the people bring to their arguments on this issue.
Me: People who believe in global warming?
McNelis: No, people on all sides.
Me: Where did these signs come from? Was it the managers in each restaurant that put them up?
McNelis: I don’t have those details.
Me: Have they all come down now?
McNelis: I think so. It’s the best I can tell.
Me: BK Corp issued a statement saying that ‘global warming is baloney’ wasn’t their view and that they had asked you to take them down. Is that your understanding of it?
McNelis: I can’t speak for them. I would think they would run from any form of controversy kinda like cockroaches when the lights get turned on. I’m not aware of any direction that they gave the franchisee and I don’t think they have the authority to do it. The franchisee can put on a sign whatever he wants.
Me: They’re saying that within the terms of the franchisee contract it says something along the lines that signs outside a restaurant can’t be used to express any political or religious views.
McNelis: Well, it maybe a religious belief for some folks, but it’s certainly not for the franchisee here and I don’t think that it’s necessarily political either. But I have to tell you that I don’t read the franchise agreement with regularity or else I would have a bad case of insomnia.
Me: There have been some comments made about how MIC-owned Burger Kings all have Fox News playing inside them on TV sets. Is that correct?
McNelis: I can’t say that it’s correct. I do know that there are TV sets in a lot of the restaurants. In fact, they very well maybe on Fox News but if you are asking me that’s a mandate of some sort I would think that’s not true.
Me: So your reaction to this whole story that’s now gone around the world is bemusement and amusement?
McNelis: It certainly shows the power of internet communications and the society we live in, that it would even get played over across the pond.
Me: Apparently, it even featured on MSNBC….
McNelis: I heard it even made that Keith Olbermann show which is, gosh, a real coup. A small franchisee over in Memphis, Tennessee, can be the “Worst Person in the World”. If that’s the case then we’ve got a pretty good damn thing going.
Me: Are you not a fan of the show?
McNelis: Well, the technology now allows that anyone with a microphone can make a complete idiot of themselves and I’m sure given the opportunity I might do it myself. No, we don’t pay any attention to that. The corollary to the comment I’ve just made is that obviously this is today’s news and tomorrow they’ll be talking about something else whether it’s what Barack Obama is apologising for over in Cairo, or any other number of things, and we’ll look at this in the rear-view mirror and be movin’ on.
Me: So to clarify, it wasn’t MIC policy to put up these signs? It was just down to individual managers in each restaurant?
McNelis: I don’t know. Sometimes it’s like a wild fire in the west – things spread around and all kinds of stuff goes on. But it certainly got some folks’ attention.
Me: Some people have been telling Memphis papers that they’ve seen the signs at a dozen or so sites.
McNelis: Well, they’re 40-odd restaurants in the franchise so that wouldn’t surprise me at all.
Me: But that suggests that it might have come from some sort of central memo to put these signs up?
McNelis: It’s kinda like the old movie the Wizard of Oz; there’s somebody back there behind the curtain turning the dials or something. I haven’t had a chance because I don’t have a little dog pulling on it.
Me: So, there’s wasn’t a memo?
McNelis: I don’t know that. I’m just not privy to that kind of discussion. I grew up in the Watergate era so there may have been some guys in the back room scheming and plotting but I don’t think any one is trying to take over the world with this thing.
Me: BK Corp are saying that they’ve demanded that these signs get taken down and that they have now been taken down…
McNelis: Burger King can tell me to use my left hand when I scratch my nose instead of my right but that doesn’t mean I’m going to use my right. They can say whatever they want. The management team can put the message up there if they want to. It is private property and over here in the US we do have some rights, not withstanding a franchise agreement that I could load a Brinks vehicle with I’ve got so many of them. By the time the BK lawyers work out how to make that stick we’d be in the year 2020. I don’t think the franchisees are particularly concerned about that. BK can bluster all they want about what they can tell the franchisee to do but we have free speech rights in this country so I don’t think there’s any concerns. Don’t come away from this conversation with the impression that the franchisee did anything because the BK Corporation told him he had to. They’re only printed words on paper. The contract is only as strong as the ability to enforce it. Some things can be enforced, other things can’t. I know BK would like to have you believe they have the authority and the willingness to make us do all kinds of different things, but that’s not how the world works.
Me: Have you been using these road-side signs for years to display such messages?
McNelis: I think that just about any restaurant that gets opened that has the ability to have one of these signs has one as they are used for marketing messages and any number of different things – new promotions, say, or “Happy Birthday George Bush”, or “Open Christmas Day”.
Me: But “Global Warming is Baloney” is certainly a different sort of message, a more political viewpoint?
McNelis: I would agree that it’s a viewpoint, but not necessarily a political one. But we’re not sheeple around here, and while Barack Obama would like to have you believe that no one is entitled to have a view other than his, if someone wants to stand up and say “Global Warming is Baloney”, then I’m all for it. It doesn’t matter to me, whether I believe in it or not. They have first amendment rights to say whatever’s on their mind. And nobody dictates otherwise.
