Bay Area

Uncle Willie’s Barbecue Seeks Damages from Marriott Corporation

Jerome Taylor, an employee of Uncle Willie’s and a family member shared, “When Marriott showed us their plans, we indicated they were encroaching on our property, which they denied, but they are. Scaffolding and cranes loom 180 feet over our property. The property next door abandoned their business and when Marriott tore the building down, they damaged our building, did a cosmetic fix with plaster, ignoring the cracks. Thick dust and filth in our backyard forced us to shut down a million-dollar business because the health department said we could no longer cook using the backyard.

Published

5 years ago

December 12, 2021

Oakland Post

Unable to operate their business, Uncle Willie’s has contracted with Central Kitchen and Deeply Rooted to provide meals for the homeless, seniors and Oakland Unified School District students, creating enough income to pay the mortgage and keep the lights on.

By Tanya Dennis

In 2018, Marriott Residence Inn and Hotel, which is building an 18-story, 286-room project at 14^th and Jefferson, approached Uncle Willie’s Barbecue restaurant to buy their establishment. After refusing to sell, Craig Jones, co-owner of Uncle Willie’s, was suspect of Marriott’s intentions when he was approached for “air rights” and tiebacks that would encroach on their property for a mere $5,000.

Thomas’ response was “no,” yet Marriott moved ahead with construction encroaching not only on air rights but land rights after installing a narrow barrier of netting.

While large cranes loomed over their yard where cooking was done, Marriott did nothing further to mitigate dust or prevent dangerous objects from falling onto Thomas’ property.

They could neither cook nor offer outdoor dining. It was too dangerous, because of truck fumes, dust, and noise. One tenant moved out of their apartment over the restaurant, and the apartment has remained vacant for two years. Marriott didn’t take into consideration that erecting an 18-story building would create a wind tunnel making the Thomas’ premises perpetually cold.

The Thomas family approached Marriott about how this construction was impacting their business to no avail.

Beverly Thomas says, “We complained to the City, but the City said there was nothing they could do, and that we should hire a lawyer, which, thus far, has been ineffective, leaving us unable to operate our successful, 15-year business.”

Edward Lai, attorney for the Thomas family, said he had never seen tactics like Marriott’s. “I’ve seen a lot of commercial construction in my career, but I have never seen practices like this. I’ve seen this type of construction in San Francisco and seen the care. I’ve never seen a business shut down for fear of debris falling on people’s heads.

“There are practices here that could be cleaner and different to allow my client to continue operating, but it’s not happening,” Lai said. “A boxcutter with the blade extended and a 10 to 15-pound metal piece fell in the backyard of my client. It could have been deadly.”

Uncle Willie’s, which closed for 18 months, is demanding compensation for mental anguish, loss of tenants and two years of being unable to operate their business. The Thomas family estimates their losses at several million dollars.

In response, Marriott is offering $58,00 to rent out their backyard for the next two or three months, but if accepted the Thomas’ can’t go after Marriott for past damages.

Marriott, on the other hand says there are acting in good faith.

“We’re working to be good neighbors,” said Marriott attorney Josh Byrd. “We’ve offered solutions and safety measures but haven’t heard from them yet. We want to engage with them and help them but it’s a work in progress. We’re doing our best. An offer is pending but has not been accepted.”

“They feel it is OK to infringe on us with no recourse,” Jones said. “…They have a figure of an African American on their building yet stick their finger up at an African American business, not caring how we have been negatively impacted.”

“We’re known for our barbecue in the community, Taylor said. “Marriott shut us down. We’ve been damaged.”