TSFA President Bray Settles Quiznos Lawsuit

Bray's Legal Battles Triggered by Suicide Note

DENVER (Blue MauMau) - After a long drawn-out battle with
franchisor Quiznos Subs, Chris Bray, the outspoken president of the Toasted Subs Franchisee Association, only had this to say from an approved statement regarding his settlement: "The parties that resolved their litigation by mutual agreement and the Brays have decided to sell their stores in order to pursue other business interests. The Brays are hopeful that new management has the chain moving in the right directions." As part of the settlement, arranged through mediation, Bray said he and his wife are selling their two Quiznos restaurants in Killeen, Texas. They had been franchisees for over ten years.

Bray and seven other franchisee TSFA board members had been sued by Quiznos when the association chose to publish the suicide note (pdf) left by a fellow franchisee in Whittier, Calif. last November 27. Bob Baber, overwhelmed by the legal and financial problems surrounding his franchise, walked into a restroom of a nearby Quiznos restaurant and shot himself three times. The police officer at the scene discovered the suicide note, which read as a desperate plea to the media to instigate an investigation of Quiznos' business practices.

After Baber's death, his widow stated in an interview for Blue MauMau that she was appalled that Quiznos would retaliate against the TSFA for honoring the passing of a fellow franchisee. She said at that time they had been involved in a lawsuit for 18 months. The legal action was filed against them by Quiznos and she said it had really taken a toll on the family. But she added, "When the case was moved to Colorado that really crushed us."

Mrs. Baber wanted the franchise community to know that Quiznos’ approach is wrong. She said, “We are supposed to be investing in the system, we are suppose to have equity and partnership. We are not their employees, their hired hands that they can rule by intimidation."

But Quiznos felt the TSFA board members were harming the Quiznos brand by posting Baber's note, and attempted in court to cancel their franchise agreements. However, last May a judge upheld a temporary injunction that kept the company from canceling the franchise contracts. Five franchise owners have since settled their lawsuits, leaving two others open.

Bray said that Danny Kessels, owner of one Quiznos in Colorado, will take over his position as TSFA president. He said, "I have a full faith that he will easily fill my shoes and then some."

Prior to posting, phone calls and emails to Quiznos headquarters for comment were not returned.