Bathroom emergency turns into P.R. nightmare for O.C. business

How could the owner of a place that sells toffee truffle mints, caramel apples and fudge-dipped strawberries be the recipient of death threats? That's part of the fallout facing the Rocky Mountain Chocolate Factory franchisee in Huntington Beach after employees refused a 5-year-old girl with diarrhea permission to use the store restroom, reports the OC Register. The girl ended up soiling her clothes.

Word about the incident last Thursday spread quickly after the girl's mother contacted the Internet site The Consumerist, which posted an item about the girl's ordeal. That post triggered an apology from the Rocky Mountain Chocolate Factory's corporate office and, apparently, death threats against Bonnie Overturf, the franchisee who operates the chocolate store in the Bella Terra Mall:

Overturf, who said she apologized to the mother earlier, contacted police once death threats began and her home address was posted on an unknown Website. People also threatened to throw feces at her home, she said.

Overturf said that it could be dangerous for customers to walk through their hallway, which is lined with supplies, to their back bathroom. "Even if insurance wasn't an issue, there is the possibility of theft and people getting hurt," Overturf, a mother of three, said Wednesday.

The girl's mother, who would not reveal her name, said Overturf has not apologized. She also turned down an offer of free Rocky Mountain products from the company's chief operating officer.

-- Jesus Sanchez

Photo: Mark Boster

Comments

[William]

I would be interested to know what the distance is from the Rocky Mountain Chocolate Factory to the nearest available public restroom.

Without that information the story is just another "he said/she said" pieces of fluff designed to get people riled up.

The reporter and editor deserve low marks for not quite adequate journalism.

On one hand, I can see myself as a young employee who has been told, "No customers in the bathrooms." in no uncertain terms by the boss.

On the other hand, I can see myself as a parent whose child has been humiliated because the tiniest act of human decency has been withheld for no apparent reason.
In that case I might be tempted to do or say something stupid.

[Blogger1947]

Sorry, but this matter is not as simple as some would like to make it.

Local health laws dictate when a merchant is required to provide public restroom facilities. Here in Maryland, for example, if you serve food and provide seating for customers to eat, you must have public restrooms. If you run a strictly carry-out operation, there is no requirement.

Providing a public restroom generally means you need one for each of the two major genders, and nowadays they will be required to be handicapped-accessible. This represents a capital investment, plus assigning some paid employee to police and clean the restrooms.

Often, when a business opts not to provide this "public service" because the health laws don't require it, the decision is purely economical. Merchants, especially small merchants in malls, operate on very narrow profit margins, what with all the extras dictated by the mall management. (Example: you must be open during all mall operating hours, even if you can prove that your store does absolutely no business until, say, 5 PM.)

The other side of this issue is the abuse of restroom facilites offered as a good-will gesture. I ran a small (non-food related) shop for ten years, and lost count of the number of times I'd allowed someone to use the rest room, only to find they had either not cleaned up their mess, or had deliberately fouled the place, plugged the toilet, and worse.

Especially in shopping malls, the responsibility to provide public toilets ought to be borne by the mall operator. In most malls I have visited, there is but one set of public rest rooms, irrespective of the size of the mall.

Vandalizing and threatening someone over a matter such as this is just pure childishness or opportunism on the parent's part. Shame, shame.

[Robin B]

Does a private commercial business have a legal obligation to allow the public access to it's restroom facilities? I say NO.

[Ice Cream Man]

The women of the company is an idiot and the employees she has at the store are the same and probably kids for that matter but I am sure there was someone with authority who was present and should have taken action.

The mom should sue the franchisee and file a complaint with the better business people against Rocky Mountain, what idiots to only offer the mom some products and yes throw crap back at them for all I care!

Hey kids, crap your pants at a Rocky Mountain Ice Cream store and afterwards the company will give you free products, come on now...