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S.C. Supreme Court tosses out barbecue sauce suit
tdd ^ | April 01, 2007

Posted on 04/01/2007 12:46:47 AM PDT by stainlessbanner

COLUMBIA, S.C. - The South Carolina Supreme Court has tossed out a lawsuit filed by barbecue magnate Maurice Bessinger accusing several grocery store chains of unfair trade by not selling his sauce on their shelves.

Nine chains with over 3,000 stores between them removed Bessinger's mustard-based barbecue sauce in 2000 after he raised the Confederate flag over his restaurants in protest of the legislature's decision to take the Confederate flag off the top of the Statehouse dome.

News stories at the time also pointed out Bessinger distributed literature at his restaurants with titles like "The South Was Right" and "Myths of American Slavery."

Bessinger sued Bi-Lo, Food Lion, Harris Teeter, Kroger, Publix, Wal-Mart, Sam's Club, Winn-Dixie and Piggly Wiggly stores, asking for $50 million. He said they violated his right to free speech under the state's Unfair Trade Practices Act by removing his barbecue sauce.

The state Supreme Court recently upheld rulings by two lower courts that Bessinger's case did not have enough merit to be heard by a jury.

Bessinger attorney Glen Winston LaForce Sr. said the ruling ends Bessinger's legal fight.

"Mr. Bessinger is still proudly flying the Confederate flag. He stood for his principles, and I'm proud of him for that," LaForce said.


TOPICS: News/Current Events
KEYWORDS: bbq; confederate; maurice

1 posted on 04/01/2007 12:46:48 AM PDT by stainlessbanner
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To: catfish1957; afnamvet; StoneWall Brigade; L98Fiero; RFEngineer; DarthDilbert; ...
Dixie Ping

"Mr. Bessinger is still proudly flying the Confederate flag. He stood for his principles"

2 posted on 04/01/2007 12:48:05 AM PDT by stainlessbanner
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To: stainlessbanner
He said they violated his right to free speech under the state's Unfair Trade Practices Act by removing his barbecue sauce.

It's the same situation as with the Dixie Chicks. No one violated his free speech. Free speech doesn't guarantee that you won't suffer some consequences for asserting your right to free speech.

3 posted on 04/01/2007 12:56:30 AM PDT by Elyse (I refuse to feed the crocodile.)
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To: stainlessbanner

I want to order some of this Bar B Que sauce. Any idea how?
BTW, please add me to your Ping List. Thanks!


4 posted on 04/01/2007 12:57:00 AM PDT by BnBlFlag (Deo Vindice/Semper Fidelis "Ya gotta saddle up your boys; Ya gotta draw a hard line")
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To: BnBlFlag

I get mine online here
http://www.mauricesbbq.com/


5 posted on 04/01/2007 1:01:02 AM PDT by stainlessbanner
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To: stainlessbanner; SC Swamp Fox

SC ping!


6 posted on 04/01/2007 1:18:12 AM PDT by Slings and Arrows ("By the way... who is Ben Dayho?" --60Gunner)
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To: stainlessbanner
.....accusing several grocery store chains of unfair trade by not selling his sauce on their shelves.

The court is right. Nobody is obligated to sell your sauce, sir.
7 posted on 04/01/2007 1:22:16 AM PDT by Jaysun (I took one look at her unfashionable eyebrows and thought to myself, "she's literally crazy.")
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To: stainlessbanner

"News stories at the time also pointed out Bessinger distributed literature at his restaurants with titles like "The South Was Right" and "Myths of American Slavery."


The writer makes it sound like he was handing out free pamphlets, but those are a couple of $25.00 history books, that he evidently offered for sale in his "Southern" themed restaurants.

Wonder why the writer didn't describe them as such, perhaps so as not to reveal the existence of books that can be ordered from Amazon.com.


8 posted on 04/01/2007 1:23:35 AM PDT by ansel12 ((America, love it ,or at least give up your home citizenship before accepting ours too.))
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To: stainlessbanner

Carolina is pork territory. How is it? [the sauce, that is]


9 posted on 04/01/2007 1:26:18 AM PDT by IslandJeff (There will be Democrats in heaven, except they'll be too busy organizing the staff)
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To: eeevil conservative

Barbecue ping, but only because I respect you. Yum!


10 posted on 04/01/2007 1:28:13 AM PDT by IslandJeff (There will be Democrats in heaven, except they'll be too busy organizing the staff)
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To: ansel12; IslandJeff
You can visit Piggy Park restaurants in S.C. off 26 near Columbia. The few times I've visited there was a little table with books, pamphlets, bbq sauce and such to purchase.

I initally bought a few bottles of Carolina Gold and it was great. I'm out right now and need to order some more. For the record, I try all kinds of sauce, rubs, and homemade concoctions...so I can appreciate different styles.

I would have never know about Maurices BBQ had walmart and others quit carrying the sauce. Since discovering it, I have been a fan.

11 posted on 04/01/2007 1:43:33 AM PDT by stainlessbanner
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To: stainlessbanner

Bessinger has every right to speak his mind, and the grocery chains have the same right to choose not to be associated with it. The first amendment cuts both ways.

Politics aside, is the sauce any good? The shelves are full of Texas/KC-style tomato-based sauces, but a good spicy mustard-based sauce is harder to come by.


12 posted on 04/01/2007 1:50:29 AM PDT by ReignOfError (`)
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To: stainlessbanner
Get this Richmond now has a slave memorial
13 posted on 04/01/2007 1:58:21 AM PDT by StoneWall Brigade (Charge'em Both Ways)
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To: stainlessbanner

Dude, anyplace that calls itself "Piggy Park" automatically gets points on the West Coast Barbecue-challenged Must-Eat Meter.

I like to think of it as PC working both ways.

I'll Dogpile for a link. Gracias!


14 posted on 04/01/2007 2:14:41 AM PDT by IslandJeff (There will be Democrats in heaven, except they'll be too busy organizing the staff)
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To: stainlessbanner
I bet the damn NAACP had a hand in it too
15 posted on 04/01/2007 2:32:58 AM PDT by StoneWall Brigade (Charge'em Both Ways)
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To: stainlessbanner

I have to agree with the courts on this one. He took a public stand, and part of that is accepting the consequences.

I miss hearing his commercials, though. "Barbecue is barbecue!" He reminds me of that slightly addled uncle that everybody is very polite around at Thanksgiving because they don't want to set him off on some rant about something. :)

His BBQ's not bad, either. Not mind-bogglingly great, but pretty good.

}:-)4


16 posted on 04/01/2007 5:01:46 AM PDT by Moose4 (I don't speed in Durham--if I get pulled for 65 in a 55, Mike Nifong'll have me doing 15 to life.)
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To: IslandJeff

I visited the piggy park location while driving through Columbia and since that point have been a huge fan of the mustard sauce. The buffet is a little disturbing at first glance though, as most items look like vomit.

The confederate theming of the restaurant is also troubling at first glance. There are "Lincoln was wrong" post cards for sale and a lot of rebel-flag emblazoned items. If I were a black man from the north, I wouldn't have eaten there. That being said, the gift shop cashier lady was black.

(btw most "piggy park" sauce recipes on the interweb are big liars, the sauce is bright gold in color and rather sweet. If you brew up a batch from a recipe and it's sour or anything other than bright yellow, throw it out. )


17 posted on 04/01/2007 5:23:45 AM PDT by jz638
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To: IslandJeff

Very good. Big fan of the mustard based sauces in the Carolinas here. And the Piggy Park is fun to visit.


18 posted on 04/01/2007 5:39:46 AM PDT by doodad
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To: BnBlFlag

He probably has a web site. Don't know about the quality of his BBQ sauce but the best store bought BBQ sauce I have ever tasted is Headcountry, from Oklahoma. They do have a web site, www,headcountry.com, you might want to try it. I like the Hickory smoke flavored.


19 posted on 04/01/2007 5:47:39 AM PDT by ops33 (Retired USAF Senior Master Sergeant)
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To: stainlessbanner

Please add me to your ping list.


20 posted on 04/01/2007 5:52:43 AM PDT by freedomfiter2 (Duncan Hunter '08 Pro family, pro life, pro second Amendment, not a control freak.)
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To: Slings and Arrows; 2A Patriot; 2nd amendment mama; 4everontheRight; 77Jimmy; ...
South Carolina Ping

Add me to the list. | Remove me from the list.
21 posted on 04/01/2007 6:01:40 AM PDT by SC Swamp Fox (Join our Folding@Home team (Team# 36120) keyword: folding)
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To: stainlessbanner

The last time I was in the Carolinas I bought a bunch of southern Barbeque sauce. One was gold colored. Yummy!!! You "seccessionists," as we yankees used to call you back in 1862, sure know how to make really good sauces.


22 posted on 04/01/2007 6:05:18 AM PDT by sergeantdave (Ice-cubes melting in the sun is an act of God. Get over it, Gore.)
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To: SC Swamp Fox

I order mine by the case on line. Maurice has a web site as I'm sure most aficionados of his sauce are aware.


23 posted on 04/01/2007 6:12:38 AM PDT by Cornpone (Islam: The world's greatest, preventable and treatable psychosis. ©2006Cornpone)
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To: ops33

I'm a Texan, and we don't use BBQ sauce from OKLAHOMA! :)
(against our religon :)


24 posted on 04/01/2007 6:26:01 AM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.......)
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To: SC Swamp Fox
Thanks for the ping Swampy.

Mr. Bessinger has a perfect right to fly any flag he chooses over his store.

Other stores have a perfect right to choose which merchandise they do and do not sell in their stores.

It's called the American Way and I thank God for it!

25 posted on 04/01/2007 7:17:21 AM PDT by upchuck (A living, breathing example of the Peter Principle. Oh, forgetful, too :)
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To: TexConfederate1861

Them's fightin' words, we might just come down and take the whole dam* river!!


26 posted on 04/01/2007 7:20:57 AM PDT by ops33 (Retired USAF Senior Master Sergeant)
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To: jz638
The buffet is a little disturbing at first glance though, as most items look like vomit.

That's a problem?

27 posted on 04/01/2007 7:21:00 AM PDT by Drango (A liberal's compassion is limited only by the size of someone else's wallet.)
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To: stainlessbanner

I live just a few miles from his primary business in West Columbia, and there are several smaller drive through locations spread around the greater Columbia area, so getting his sauces is not a problem for me. I’ve also eaten at the one near Santee Lake. It’s a bit pricey as barbecue goes, but it is also very distinctive in its taste. The “Big Joe” sandwich is pretty good eating.

With that said, I’ll reveal a secret. The best barbecue on the face of the planet comes from a little mom & pop buffet in New Ellenton, SC called “Carolina Barbecue”. I ate there yesterday, and let me tell you, it’s hard to stop at just one plate.


28 posted on 04/01/2007 7:25:39 AM PDT by Nasty McPhilthy (Those who beat their swords into plow shears will plow for those who don't.)
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To: stainlessbanner
YEP. i don't like his BBQ sauce, but i SUPPORT his mission.

free dixie,sw

29 posted on 04/01/2007 8:11:55 AM PDT by stand watie ("Resistance to tyrants is OBEDIENCE to God." - T. Jefferson, 1804)
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To: ops33

Don't you know that everybody north of the Red River are Yankees? :)


30 posted on 04/01/2007 9:24:58 AM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.......)
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To: Nasty McPhilthy

Try some real Texas Barbeque sometime....we cook BEEF, (not pigs) :)


31 posted on 04/01/2007 9:26:39 AM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.......)
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To: TexConfederate1861
Now we're really getting some fightin' words, grr!!!
32 posted on 04/01/2007 9:29:52 AM PDT by ops33 (Retired USAF Senior Master Sergeant)
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To: stainlessbanner

A photo of Mr Bessinger.

Some say Mr. Bessinger believes in slavery. I worked at his original Piggy Park restaurant in 1977 and I can tell you, he does. :-)

33 posted on 04/01/2007 10:11:00 AM PDT by aomagrat (Gun owners who vote for democrats are too stupid to own guns.)
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To: stainlessbanner

I fully support Mr. Bessinger and his cause. Frankly I think the grocery stores bowed to PC pressure prematurely and needlessly. That being said, I can't actually use Maurice's sauce because it is not made the only way one is supposed to make sauce. Eastern NC vinegar style


34 posted on 04/01/2007 10:47:34 AM PDT by billbears (Those who do not remember the past are condemned to repeat it. --Santayana)
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To: Moose4
You sir know your Q! I would have said it exactly the same way.

Now since you mentioned the Raleigh area have you been to Lexington BBQ, and what is your opinion?

35 posted on 04/01/2007 3:35:38 PM PDT by Recon Dad (Marine Spec Ops Dad)
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To: Elyse

I suspect Bessinger and his lawyer/s knew all along they couldn't win this case -- and that the publicity would boost sales.


36 posted on 04/01/2007 7:15:37 PM PDT by Bonaparte
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To: Bonaparte
I suspect Bessinger and his lawyer/s knew all along they couldn't win this case -- and that the publicity would boost sales.

That's possible, but I'm not so sure about that. I think it's easy to be as hypocritical as the Dixie Chicks on the subject of Free Speech when you find yourself suffering negative financial consequences for asserting your right to Free Speech.

37 posted on 04/01/2007 8:02:19 PM PDT by Elyse (I refuse to feed the crocodile.)
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To: Nasty McPhilthy
The best barbecue on the face of the planet comes from a little mom & pop buffet in New Ellenton, SC called “Carolina Barbecue”.

The best barbecue comes from Wilbur's Barbecue in Goldsboro, NC.

38 posted on 04/03/2007 5:25:23 AM PDT by cowboyway (My heroes have always been Cowboys)
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To: stainlessbanner
...mustard-based barbecue sauce ....

What? Mustard-based, gag.

39 posted on 04/03/2007 5:29:44 AM PDT by Lurking in Kansas (Nothing witty here... move on.)
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To: stainlessbanner

Please add me to your ping list too. You must be a member of the SCV.


40 posted on 04/03/2007 5:38:41 AM PDT by SWEETSUNNYSOUTH (Help stamp out liberalism!)
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To: stainlessbanner
BTW, here is the best B-B-Q
41 posted on 04/03/2007 5:39:48 AM PDT by Lurking in Kansas (Nothing witty here... move on.)
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To: Lurking in Kansas

“What? Mustard-based, gag.”

I like both vinegar and ketchup based (depending on the type of q, but mustard sauce is banned from my house.


42 posted on 04/03/2007 5:44:34 AM PDT by gracesdad
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To: Elyse
That's possible, but I'm not so sure about that. I think it's easy to be as hypocritical as the Dixie Chicks on the subject of Free Speech when you find yourself suffering negative financial consequences for asserting your right to Free Speech.

I tend to agree, though it wasn't really a free speech case, it was a distributorship case. He argued that he had a contract with the stores to sell the sauce and the stores breached the contract when they dropped the sauce. He had also argued unfair trade practices claims, also based on the stores' decision to drop the sauce.

Really, this case could have gone either way, and I'm pretty confident that there are states in the Union in which he would have won his case.

43 posted on 04/03/2007 5:51:35 AM PDT by Publius Valerius
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