Say No To Fiesta Until They Say Yes To Mams House Of Ice

[tmariar]

I don't know whether approaching the person complaining would help but, if someone's willing to do so, I suppose it's worth a try. But a surprise visit at his home by a stranger could backfire and further entrench him in his position... if you want to go that route, I'd suggest one person send him a note inviting him to meet just the notewriter and someone from MAM's (i.e., not an ambush) at MAM's to discuss his concerns at some particular time, leaving him contact info to suggest an alternative time.

It does seem strange to me that Fiesta is going to break the sublease just based on one complaint, but I'm guessing there may be more to it. I know from Ike that generators can be loud, plus the regulations that apply to mobile food units in Houston are pretty onerous (I think they're just generally loosely enforced). Maybe the person complaining has raised a possible legal violation that Fiesta believes has some substance - if it does, Fiesta could be justified in wanting to break the sublease now that it's on notice of the violation. I don't know what the legal violation would be, but if it's something to do with the generators, MAM's might try getting noise-level readings as proof they're in compliance there.

The petition is a good idea, esp. - though someone might want to create one online at ipetitions.com or some other site. With a short deadline, you might be able to gather more signatures that way.

Also, have MAM's and Fiesta explored moving MAM's to another spot in the parking lot? Fiesta has a lot of parking areas. Maybe moving to another spot would address the neighbor's concerns? Or changing the operating hours?

If there is no legal violation at issue, does MAM's intend to fight to hold on to the sublease? Or is the sublease subject to cancellation with 10 days' notice? If there's not a legal violation at issue, and Fiesta is truly looking to "break" the lease, is MAM's going to get a TRO? Maybe they could find a lawyer to help them pro bono?

Without knowing more, I'm not going to boycott Fiesta. I don't know their side of it. Someone might ask Fiesta their side of it, though, and if there's someone at Fiesta to whom emails of support for MAM's could be sent.

I guess the only other idea I have is to schedule a day and time over the weekend where supporters of MAM's can all gather at MAM's to show their support. And let Fiesta know in advance when that will be. If it were me, though, I'd emphasize that the gathering is to show how much people like Mam's and snoballs, etc. - not to be negative. It's the showing of neighborhood support that I think would be key - numbers and positivity.

Sorry this is such a long post - I was just trying to think of some things that might help. I like the idea of MAM's being there. And love the idea of adding a taco truck - Fiesta could do that themselves, I think, as they've got the steam table inside. Which I think allows them to operate under a different set of rules regarding MFU's b/c the food wouldn't be prepared in the truck.

[crunchtastic]

When snoballs are banned, only the criminals will have snoballs!!

someone posted on Swamplot 'there goes the snoberhood!' OK, I didn't mean everyone is a passive aggressive weenie, but seriously, has anyone actually talked to the guy? I'm sure we've all seen how neighborhood issues escalalte as the result of not talking things through. Who knows, there may be a solution.

If not, I know a guy, who knows a couple of guys, who could perhaps persuade your neighbor to have a change of heart. If you know what I mean.

[Chamo]

If not, I know a guy, who knows a couple of guys, who could perhaps persuade your neighbor to have a change of heart. If you know what I mean.

I know you are well connected with the Italians, but I can help with the Colombians if necessary. They have been a big help keeping my cul de sac safe the last couple of years.

Will have to go and try MAMS this week. They seem worth the trip.

[EMME]

Someone explain to me why you haven't gone to this person's house and knocked on the door, to politely discuss the matter. Clearly it's one person, and you all seem to know which house he lives in.

Jesus, the internet has turned people into a bunch of passive-aggressive puppies! This is the equivalent about complaining, via email, about the guy next to you at work who smells like crap and talks too loudly in his cubicle. Before long everyone wears too much perfume and whispers, all while continuing to complain.

Actually, she is going to talk to him today to see if there is anything they can work out.

[EMME]

I don't know whether approaching the person complaining would help but, if someone's willing to do so, I suppose it's worth a try. But a surprise visit at his home by a stranger could backfire and further entrench him in his position... if you want to go that route, I'd suggest one person send him a note inviting him to meet just the notewriter and someone from MAM's (i.e., not an ambush) at MAM's to discuss his concerns at some particular time, leaving him contact info to suggest an alternative time. Excellent idea

It does seem strange to me that Fiesta is going to break the sublease just based on one complaint, but I'm guessing there may be more to it. I know from Ike that generators can be loud, plus the regulations that apply to mobile food units in Houston are pretty onerous (I think they're just generally loosely enforced). Maybe the person complaining has raised a possible legal violation that Fiesta believes has some substance - if it does, Fiesta could be justified in wanting to break the sublease now that it's on notice of the violation. I don't know what the legal violation would be, but if it's something to do with the generators, MAM's might try getting noise-level readings as proof they're in compliance there. Actually, nowhere in his email complaint did he mention generators as I originally thought. His beef is that it is tacky looking and will draw a criminal element. There is a ten day clause in the contract.

The petition is a good idea, esp. - though someone might want to create one online at ipetitions.com or some other site. With a short deadline, you might be able to gather more signatures that way.

Also, have MAM's and Fiesta explored moving MAM's to another spot in the parking lot? Fiesta has a lot of parking areas. Maybe moving to another spot would address the neighbor's concerns? Or changing the operating hours? Fiesta has suggested that they move to the back parking lot, but that lot is so chaotic that they are concerned for the safety of the children that come there.

If there is no legal violation at issue, does MAM's intend to fight to hold on to the sublease? Or is the sublease subject to cancellation with 10 days' notice? If there's not a legal violation at issue, and Fiesta is truly looking to "break" the lease, is MAM's going to get a TRO? Maybe they could find a lawyer to help them pro bono?

Without knowing more, I'm not going to boycott Fiesta. I don't know their side of it. Someone might ask Fiesta their side of it, though, and if there's someone at Fiesta to whom emails of support for MAM's could be sent. fmi@fiestamart.com

I guess the only other idea I have is to schedule a day and time over the weekend where supporters of MAM's can all gather at MAM's to show their support. And let Fiesta know in advance when that will be. If it were me, though, I'd emphasize that the gathering is to show how much people like Mam's and snoballs, etc. - not to be negative. It's the showing of neighborhood support that I think would be key - numbers and positivity. MOST EXCELLENT IDEA!

Sorry this is such a long post - I was just trying to think of some things that might help. I like the idea of MAM's being there. And love the idea of adding a taco truck - Fiesta could do that themselves, I think, as they've got the steam table inside. Which I think allows them to operate under a different set of rules regarding MFU's b/c the food wouldn't be prepared in the truck.

Great post, thanks.

[tmariar]

Fiesta has suggested that they move to the back parking lot, but that lot is so chaotic that they are concerned for the safety of the children that come there.

Because that's been suggested, let me add that I don't think the back parking lot would be as good a location for MAM's. And arguably not a comparable location for purposes of whatever pricing they worked out - not as pleasant for the customers, doesn't have the same street-traffic visibility, etc. So, even if the back lot is an option, I can fully understand why MAM's would want to stay on the Studewood side, and might consider another location entirely before it would consider the back lot. I was just curious whether it was even an option - I could see it working, even if it's not quite as nice.

If there's a 10-day clause in the lease, all the more reason in my opinion to stay positive and constructive in talking to Fiesta. I think having MAM's there would be a benefit to Fiesta beyond just the money it gets from the sublease. It may introduce some people who have never shopped at that Fiesta to the store, it may bring customers in who are there for snoballs but may as well duck in and get a few items, and I think it could probably help cultivate the notion of Fiesta as a community gathering place, which is something I'm sure grocery stores like to do. In fact, given that Fiesta could lose its own lease in the not-too-distant future b/c Weingarten Realty has the property on the market, they may be especially interested in building up community goodwill.

If the complaints are tackiness and potential to draw a criminal element, I agree that those seem pretty baseless. I bet you could get a police officer to confirm that a back parking lot with a cute little snoball stand in it is much, much less likely to draw crime than an empty back parking lot. As for tackiness, I'd think anyone would rather have a view of happy people eating snoballs and enjoying themselves than of an empty parking lot - but you can't account for taste. I bet a real estate agent would think the house's proximity to the snoball stand was a positive thing, not a negative. If you could get some input from the police and/or a real estate agent, maybe the person complaining would be interested in their opinions.

Hope they're able to reach a resolution that makes everyone happy. Like I said, I'd love to see MAM's stay.

[diggity]

If not, I know a guy, who knows a couple of guys, who could perhaps persuade your neighbor to have a change of heart. If you know what I mean.

maybe this guy needs to wake up with a few snoballs in his bed. That'll teach him!

[west20th]

It's worse than I thought, the email did not complain about noise. The man said he thought it was tacky and would attact a criminal element. Here is your criminal element:

Don't know about those kids. Look to be up to no good. Bet they are planning to rob Mam's House of Ice, probably casing the joint out..... The one in the middle appears to be the ringleader

"Miss Blue, you run around the front and throw a tantrum Mr. White, you go round back and grab all the snow balls".

[heights_yankee]

so, i emailed Elisabeth Scarborough from KPRC about this. who knows, right? cutesy public interest story? i've seen lesser "news" on at 10 pm so this could make the cut!

[TJones]

someone posted on Swamplot 'there goes the snoberhood!'

Shouldn't that be 2 b's in "snoberhood" ?

[jgs1419]

When snoballs are banned, only the criminals will have snoballs!!

ok....now that was funny!

[CraigM]

Hi, it's Craig Malisow at the Houston Press. I'd like to do a little write-up about this and was wondering if anyone had contact info for MAM's owner(s) and/or the complainant.

Thanks,

Craig

713.280.2481

craig.malisow@houstonpress.com

[tmariar]

Hi, it's Craig Malisow at the Houston Press. I'd like to do a little write-up about this and was wondering if anyone had contact info for MAM's owner(s) and/or the complainant.

Thanks,

Craig

713.280.2481

craig.malisow@houstonpress.com

Hey Craig. I think EMME has both.

[EMME]

Hey Craig. I think EMME has both.

Thanks everybody. I called him with the information.

[CraigM]

Thanks, EMME (and everyone else) for the quick help! I spoke with the gentleman who allegedly complained to Fiesta, and he swears up and down that he made no such complaint. I'm of course still following up on this...

[Tricky Matt]

I spoke with the gentleman who allegedly complained to Fiesta, and he swears up and down that he made no such complaint.

This thread has been FULL of misinformation since the First Post. First it's generator noise, then it's a potential crime issue. Then you post a picture of the dude's house! The he says he doesn't even know anything about it (who knows if that's the truth, but still...).

My advice is get the story straight before you disparage someone, tell where they live, and make jokes about sending Columbians to take care of the situation on a public forum.

[sevfiv]

Has anyone talked to the folks at Fiesta?

[EMME]

This thread has been FULL of misinformation since the First Post. First it's generator noise, then it's a potential crime issue. Then you post a picture of the dude's house! The he says he doesn't even know anyting about it (who knows if that's the truth, but still...).

My advice is get the story straight before you disparage someone, tell where they live, and make jokes about sending Columbians to take care of the situation on a public forum.

While I think his complaint is baseless, my complaint is with Fiesta's rolling over and playing dead over one complaint and asking someone that is actually cleaning up their dark, dirty and unsafe parking lot to leave. He has every right to complain whether I agree with him or not. I just don't think action should be taken based on one complaint that is obviously not shared by a majority of the surrounding community.

I have been asked for his name and address, and I have not given that to anybody except to the reporter. The only reason I showed the picture of his home was to indicate the distance between the snoball place and the man's house. I do not want this man harrassed and I have never said that I do. He is not really the problem.

[Tricky Matt]

I have been asked for his name and address, and I have not given that to anybody except to the reporter.

I do not want this man harrassed and I have never said that I do.

Not harrassed? You gave his name to a reporter.

I certainly hope I never pi*s you off. (I'm mostly teasing)

[editor]

Since we have pretty much established that generator noise was not part of the complaint, then the complainer's distance to the Fiesta parking lot is no longer relevant. Therefore, I'm going to remove the photograph of his house from this thread.

[EMME]

Since we have pretty much established that generator noise was not part of the complaint, then the complainer's distance to the Fiesta parking lot is no longer relevant. Therefore, I'm going to remove the photograph of his house from this thread.

I think that is fair. I didn't post it to show where he lived, I posted it to show the distance between the buildings.

[Norhill Granny]

There has been a great deal of misinformation and non-information concerning the sno cone hut. First, it isn't just one neighbor who is unhappy with it being there. Perhaps a case of NYIMBY, but if you'd like it in front of your house, please make the offer to the sno cone hut operator.

Do you remember that when the sno cone hut first opened it was across Algregg on the vacant lot once occupied by the water vending doohickey? Seems the owner of that property did not know anyone was using the lot and had not given permission nor agreed to it being used for any purpose. The property owner demanded its removal and that's when it moved to the Fiesta lot.

The decision to have the vendor move may have come from Fiesta's corporate office; more facts are needed on that before a boycott is planned.

BTW, the person who allegedly complained to Fiesta was instrumental a few years ago in ridding the neighborhood of a whorehouse in the 1400 block of Studewood -- yep, a real, honest-to-God bordello -- so he's not a bad person.

[mimi01]

There has been a great deal of misinformation and non-information concerning the sno cone hut. First, it isn't just one neighbor who is unhappy with it being there. Perhaps a case of NYIMBY, but if you'd like it in front of your house, please make the offer to the sno cone hut operator.

Do you remember that when the sno cone hut first opened it was across Algregg on the vacant lot once occupied by the water vending doohickey? Seems the owner of that property did not know anyone was using the lot and had not given permission nor agreed to it being used for any purpose. The property owner demanded its removal and that's when it moved to the Fiesta lot.

The decision to have the vendor move may have come from Fiesta's corporate office; more facts are needed on that before a boycott is planned.

BTW, the person who allegedly complained to Fiesta was instrumental a few years ago in ridding the neighborhood of a whorehouse in the 1400 block of Studewood -- yep, a real, honest-to-God bordello -- so he's not a bad person.

We feel it is appropriate for us to reply to this particular post:

1. Concerning the vacant lot - This was a mistake of location on MAM'S part and this was explained to the vacant lot property owner at the time. MAM'S immediately moved and offered monetary compensation to the property owner, along with a phone number for future contact.

2. MAM'S has seen first hand the document submitted by Studewood neighbor that listed multiple false accusations regarding MAM'S along with a list of complaints and demanding the trailers removal. Since Fiesta has told us they have had several problems/complaints with said neighbor over numerous years they chose to terminate MAM'S lease as opposed to dealing with this individual again.

3. MAM'S has a full documented lease with Fiesta that was approved by Fiesta Corp. up until this neighbor complaining. The document is there for anyone to see.

4. Anyone who contacts Fiesta from this point will be told by Fiesta that it is a safety matter and not a complaint. MAM'S cannot explain this change, as up until yesterday June 11th we where told our lease termination was caused by the neighbor complaint.

5. MAM'S has never asked for a boycott of Fiesta. All we asked was for the neighbors to help persuade Fiesta to keep their commitment to MAM'S lease.

MAM'S only intention was to bring a sense of community with a unique product for the Heights neighborhood in which we live.

By the way the MAM'S petition to stay is 300 plus and growing.

MAM'S thanks the Heights community for all your support and promise to stay in the Heights area. Anyone who has any concerns or questions please feel free to visit us at MAM'S we are there from noon - 9pm everyday.

MAM'S would like to commend the neighbor on the removal of the brothel but feels comparing a "whorehouse" to a snoball stand is a little extreme.

[TJones]

I think that is fair. I didn't post it to show where he lived, I posted it to show the distance between the buildings.

Sssssuuuuuuuurrrrrreeeeee you didn't. EMME and her "subconscious" agendas !!!

[musicman]

Sssssuuuuuuuurrrrrreeeeee you didn't. EMME and her "subconscious" agendas !!!

sounds like the owner is just as bad........since EMME's posts were wrong they should have stepped in way earlier.

[houstonray]

Was just there today and one of the owners was telling everyone that they are moving, to Rutland and 20th...not exactly sure where, they said they would have an official announcement later.

I could be wrong, but I thought she said they were there at Fiesta through next Friday and would move after that...Sorry to see them have to move though...

[TJones]

Sounds like someone needs to contact Aiken's army, or that Arnold guy.

[20thStDad]

Was just there today and one of the owners was telling everyone that they are moving, to Rutland and 20th...not exactly sure where, they said they would have an official announcement later.

I could be wrong, but I thought she said they were there at Fiesta through next Friday and would move after that...Sorry to see them have to move though...

Nice! Now we can walk there.

Since there's already enough criminal element 'round these parts, no one should be whining about it!

[heights_yankee]

FYI for people on the east side sad that our walk will be seriously lengthened--- there is supposed to be another snoball stand opening in front of hello, lucky. i won't say by whom in case she doesn't get it off the ground but it has been in the works for a few months. i was surprised when MAM's opened- kind of a random thing for 2 different people to think of at the same time. i think the heights can easily support 2 snoball trailers, tho, so i hope they both get up and running in their rumored locations and we all have blue tongues this summer!

[EMME]

FYI for people on the east side sad that our walk will be seriously lengthened--- there is supposed to be another snoball stand opening in front of hello, lucky. i won't say by whom in case she doesn't get it off the ground but it has been in the works for a few months. i was surprised when MAM's opened- kind of a random thing for 2 different people to think of at the same time. i think the heights can easily support 2 snoball trailers, tho, so i hope they both get up and running in their rumored locations and we all have blue tongues this summer!

Where is Hello Lucky?