The owner of the Missoula Maulers hockey club and the Christian bookstore Garden of Read’n has filed a lawsuit after Southgate Mall allegedly denied him permission to open the bookstore in a rental space “based on religion or based on some other malice.”
Michael Burks sued Southgate Mall Associates in Missoula County District Court for “damages in an amount to be proven,” and requesting a jury trial, attorney fees, a court order barring the mall from removing any personal items in Burks’ rental space and a ruling that Burks did not engage in any wrongful action.
According to the lawsuit, the Missoula Maulers entered into a five-year lease in 2007 for commercial space in the mall. In 2012, Burks entered into another four-year lease after the first lease expired.
Burks used the rental space as a retail hockey store, selling skates, sticks, pads, helmets and other equipment. However, problems between the two sides began to arise due to certain requirements and restrictions Southgate Mall places on its tenant stores, including requiring stores to be open during mall hours.
Burks alleges the restrictions and requirements placed on the Maulers for use of the space “became a burden on the store’s operation and profitability” because the mall required the store to be open and staffed during the heat of summer when sales of ice skates and hockey gear are minimal or nonexistent.
Burks alleges that in an effort to address problems with profitability, he proposed to Southgate that he would close the Maulers’ store and instead open a Garden of Read’n bookstore in the space.
The lawsuit alleges that Southgate Mall opposed Burks’ request.
“Southgate stated its belief that the Maulers’ store was doing well economically, and that a Christian bookstore’s use of the rental was an economic risk,” the lawsuit reads. “Southgate’s position ignored the fact that the Maulers’ hockey store had profitability problems. Additionally, Burks was a guarantor of the second lease and would have guaranteed the payments for use of the rental by the bookstore, even if it had, in fact, been an economic risk.
"Southgate also ignored the fact that Burks has owned and operated Garden of Read’n elsewhere in Missoula for nearly a decade – which does not indicate a business on the verge of immediate collapse.”
“Given that Garden of Read’n was a commercially viable business which has operated successfully in Missoula for years, and that Burks would be the guarantor, (Southgate’s) explanation as to why it turned down Burks’ proposal rings hollow. Instead, it appears Southgate opposed and rejected Burks’ proposal to have the bookstore, instead of the Maulers’ store, occupy the rental was based on its status as a Christian bookstore or for some other malicious reason.”
Burks alleges that after he started vacating the Maulers’ store, Southgate initially refused to allow him to remove any items – including thousands of dollars' worth of merchandise – from the space. After negotiation between the two sides’ lawyers, he was permitted to remove the inventory.
However, Southgate allegedly refused to allow him to remove some personal items, which remain in the space.
The lawsuit alleges that Southgate has sent Burks two notices of default demanding payment of rent, but that the mall has changed the locks on the premises and controls Burks’ access to the space.
“Thus, on one hand, Southgate wishes the lease to continue and argues that one or both plaintiffs are in default, but on the other hand, refused plaintiffs access,” the suit states.
Burks claims he has suffered damages that will be proven at trial and that he is entitled to a declaratory judgment determining the respective rights and obligations of all parties under the original lease and the second lease.
The lawsuit also seeks a judgment determining that, in the event that any breach or default is attributed to Burks, the breach was “efficient” and Southgate has incurred no recoverable damages.
The lawsuit further alleges that Southgate’s intentional actions, designed to harm or hinder Burks’ business activities, have tortuously interfered with Burks’ prospective economic advantage and have unjustly enriched Southgate Mall.
Burks is being represented by attorney Kelton Olney of the Helena law firm Luxan and Murfitt.
Southgate Mall manager Tim Winger said Friday that the mall has not yet been served with the lawsuit, so he declined to comment.
(29) comments
The mall will have a legitimate defense stating they were concerned that his extramarital affair and subsuquent divorce would result in local Christians not wanting to patronize this hypocrite's establishment. Get ready for a very public airing of your dirty laundry, God boy. At least he isn't ashamed of his trashy parents. Apples don't fall far.
The pic of him with his ball cap backward reminds me of the creepy former CEO of Abercrombie.
The Mall vs. nouveau hipster Xtians... they can have each other.. who cares. -DS-
In that other article, it sated:
"It's more of a ministry," Burks said.
So, this bookstore is really a "church." Is there a code issue in Missoula regarding what other businesses cannot be located within a certain distance of a church? Maybe that is why mall owners are balking.
Since there is no actual statement alleged that Southgate Mall made saying they would not allow a bookstore because it is "Christian" it seems this is all a red herring. The issue is likely to come down to the contract between Burks and the mall. Was there a contractual obligation that was breached by either side? A mall does not have to accept every business that applies. But it certainly has obligations to those that have leases, and visa-versa. I seriously doubt the Christian theme of a bookstore enters into the real dispute at all. But it certainly did capture a headline.
Takes a hike out of Missoula mike, heck they like hockey north of the border. Heck you could sell hockey sticks year 'round
Well spoken anti-Christian sentiments by the atheists that most of you seem to be. Walter must have given you all a toothache. To state that a white Christian male is NEVER discriminated against in America is the most absurd & ridiculous thing to which I have become accustomed in these pages. There are several fluorescing examples within these pages, today. This case will NEVER reach a jury. The outcome would scare the Mall administrators too much. Empty floor space in the Mall & desperately demanding support from tax payers? What other reason could there be for refusing to accept money from a solid, well financed & established entrepreneur? Walter makes an excellent point, & that would be the reason for the U.S. Supreme Court's refusal to hear this case on appeal.
Leadfoot refers to "...a white Christian male is NEVER discriminated against in America is the most absurd & ridiculous thing..."
It's not discrimination, it's correcting a couple hundred years of Christian Privilege.
Bookstores in general are economic risks these days. Recall the one in the mall that closed a few years back? Seems reasonable that a niche bookstore could pose an even greater economic risk... No need to get sensitive and cast speculative stones, Christians.
Especially given the fact that he admited in another article that the book store doesn't make money; its probably a tax write-off supported by his other successful businesses. I can see why the mall doesn't want to be part of that; even if he can pay the rent, it may not bring in more foot traffic which is very important.
http://missoulian.com/news/local/cream-of-the-crop-entrepreneur-magazine-honors-local-businessman/article_ad0aa38b-291a-57d6-8b29-2fd694f99f2a.html
Sounds like the mall wants to market exclusively to teenagers and old ladies. Maybe they could scare him off by opening an abortion clinic next door to him. Just a thought.
Michael, one Christian to another.......trying to make a living in a religiously directed business in The Peoples Republic of Missoula has got to be an enormous burden. My hat is off to you for your efforts. Me thinks you should think about moving your entire operation to more friendly confines, like Bozeman or Helena. Missoula, in the past 10 years has gone from being a nice place needing a good wash job to just not being worth it anymore. It's either that or resorting to advertising by starting your own Naked Bicycle Ride I I salute you.and wish you well in all your endeavors.
Burks' cynical use of religion to benefit financially is, while nothing new, appalling. I'm surprised more people don't see through him. Hey Burks, why don't you take that Christian money you like to brag about and use it to do the Christ-like thing and feed the poor and heal the sick.
"According to the lawsuit, the Missoula Maulers entered into a five-year lease in 2007 for commercial space in the mall. In 2012, Burks entered into another four-year lease after the first lease expired." ..................... What's so hard to understand? The contract signed for the Southgate Mall Space in 2007 and again in 20212 is for the Missoula Maulers store. Unless in the contract it states the store's name/inventory can be switched in the middle of the lease, I do not see where Southgate Mall is in the wrong. He signed for Missoula Maulers store, nothing else. Burks isn't much of a business man if he signed a lease for a Hockey store knowing ice skates and hockey sticks are not sought after in the summer months, therefore, causing him "economical risks".
I am neither defending the Mall nor Mr Burks, but when a white, Christian, male is claiming discriminationn in the US I can't take that person seriously.
Ah, now if this was a Muslim or Jewish owner who wanted a store for his Islamic God or his God of Judea, there would be protests at Mall in the owner's favor. In just 50 years or so, the American style communists, the Marxists, the atheists, the American Left in general, Hollywood, the homosexual lobby, and others, have been very successful in their attacks on the Christian church in this country. There has been an actual transformation that they can be happy about.
Now Walter, remember, Burks had already violated the terms of his lease by keeping the sports shop closed during some mall hours. But hey, thanks for slamming other religions,that is very classy.
walter12 said "... Islamic God or his God of Judea..."
Aren't they, along with the "Christian God" all one in the same?
walter12 said "...have been very successful in their attacks on the Christian church in this country."
How has YOUR freedom to worship been infringed?
Wait, Christians push for legislation allowing businesses to discriminate against gay people, but they sue when they feel that discrimination is happening to them? Discrimination shouldn't be allowed in either case. However, it seems to me that the mall might have another reason for not supporting the book store. If they don't, they should be held accountable.
So let me get this straight: this guy has been leasing space with Southgate Mall for nine years, and now they won't renew his lease because suddenly they are afraid that he won't make enough money? Really? It used to be that people got evicted AFTER they fell into arrears, not before.
This is just nuts. But, that's Missoula for you.
Good point. It's especially alarming in light of the fact that Southgate Mall is asking for taxpayer money for investment. I'm sorry, isn't that what the Missoula Urban Renewal Districts do...take money from working people to prop up business owners?
I'd expect to see this silly issue go away soon if those developers expect their lack of money to remain a viable issue. I can tell you, when people want to pay you and you won't take their money, the last thing you'd want to do is ask a taxpayer. Most of our do-nothing City Council is thankfully not running again, so hopefully these developers can get a taste of what most of us get each day - work.
Spoken like true bigot's and people who are Antichrist supporters and would cry foul if it was a homosexual sex toy store that the mall denied. Hypocrisy and bigotry at its worst. It's free speech until you disagree with a liberal democrat then it becomes hate speech and homophobia what a bunch of brainwashed puppets follow the herd sheeple!
What? I didn't understand any of that. Liberals are fighting to keep homosexual toy stores in malls? Also, You can call something hate speech while still agreeing that it is their right to say it. Do you believe that free speech means that no one can criticize your opinions? I'm just really confused right now.
I'm not confused Gustave. bfnagn777 thinks that the first amendment means that you can say anything you want and if anyone criticizes you for it, they're interfering with his right to free speech. He has no idea what he's talking about of course but it's not confusing in the least.
Yea, that's a business you see at prominent malls across the west.....
Who knows the reasons why the mall isn't allowing this exercise of Mr. Burks lease especially when he has the income to Guaranty the lease. Sounds like he has a case of some sort. Not sure if it's based on religion or not but it does sound fishy.
Agreed. Not allowing him to remove inventory?? Not allowing him access to his personal stuff? That's over the top. Requiring a store to be open during mall hours is something that I'm sure was in his lease so he has no right to complain there. Sounds like both sides are at fault here.
Sounds much more like they don't trust him to be good for his rent than they are whether he wants to open a Christian book store or not. Nothing like playing the Fox News "Persecuted Christian!" card when you get in a jam.
What a whiner. Why do so many 'Christians' have such a sense of entitlement/victimization?
"He uses that revenue stream to invest in other ventures, most of which have very little hope of ever turning a profit. The freight business allows him to run the Garden of Read'n Christian bookstore..."
"The bookstore attracts a lot of compliments, but it's not likely to ever see a huge profit margin.
'It's more of a ministry,' Burks said. 'It's not a money maker at all.'"
-- http://missoulian.com/news/local/cream-of-the-crop-entrepreneur-magazine-honors-local-businessman/article_ad0aa38b-291a-57d6-8b29-2fd694f99f2a.html
Good investigative journalism Bone'. It's amazing what a few clicks and a google search will turn up.
Welcome to the discussion.
Log In
Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.