My name is Michael Burks and I am a proud resident of the city of Missoula. As many of you now know, I am involved in a disagreement with my former landlord – the Southgate Mall – regarding the operation of a business in space within the mall. Unfortunately, the disagreement between the mall and myself could not be resolved informally and I was forced to take legal action.
It was never my intention that my disagreement with the mall become public or to debate the merits of my argument(s) in the Missoula media. It remains my intention to handle this matter pursuant to the facts and the law and I will not be commenting on this matter further.
Nevertheless, despite my intentions, the Missoulian published a story (as is their right to do) regarding my lawsuit. In addition to the story, which appeared in print (and with which I take no issue), the Missoulian also asked a question on its Facebook page which requires that I respond to set the record straight. The question was: “What do you think? Is the mall discriminating because the business is a Christian bookstore? Or did the tenant not make payments on time, or stay open during the required hours?”
In framing the question in this fashion, I assert that the Missoulian suggests that it is possible – even likely – that it is a fact that I did not pay my rent and/or did not stay open during business hours. The commentary from the public in response to this question indicates that a significant portion of the community believes likewise. I write now to unequivocally state: I always paid my rent and I always stayed open during mall hours. Any suggestion to the contrary is not only false, but misleading in a way that jeopardizes my reputation (and my reputation, as I suspect is true of most of us, is my most valuable asset).
The facts are these: I operated a store in the mall that sold primarily hockey equipment. After several years of operation, I felt that my business could operate more successfully elsewhere. This was primarily due to requirements that my store remain open during mall operating hours and the sale of ice hockey equipment did not justify that store hours I was required to keep in, for example, the middle of summer.
While I had decided that my business could operate better in a location outside of the mall, I also realized that I had signed a lease and would need to provide the mall an alternative tenant. I therefore proposed that I be allowed to move my hockey store out and move another business I own – the Garden of Read’n – into the space. Despite the fact that I have owned and operated the Garden of Read’n in Missoula for nearly a decade and was willing to personally guarantee the lease, the mall rejected my proposal. As there was no economic basis for their rejection, I conclude that the mall simply did not want to afford me the opportunity to sell Christian material in the mall.
I am a proud Missoula resident. I live here, work here, worship here and raise my family here. My reputation in this community is very important to me and I simply cannot allow my reputation to continue taking the hits it is receiving based upon a clear misconception. So, in conclusion, I want to state that I always pay (and paid) my rent and live up to my obligations. I appreciate you taking the time to read this and thank you for this opportunity to set the record straight.
(9) comments
Surprised Burks doesnt try build a rival book store like he did with his ice hockey squad. Classic greedy mood when everything is about making money.
Considering a bookstore in the mall closed recently, why would they want a niche bookstore operated by an adulterous christian? Proud Missoulian, transplanted from California.
Adulterous? Where do you come up with stuff?
I've worked at the mall for many years and I have seen his store closed during mall hours.
I have no dog in this dust up between Mr. Burks and Southgate Mall. He has chosen to litigate so it will be up to the court to sort it out.
I do know that mall management is an industry. When one thinks of all the malls in the world, one must expect that mall management techniques have been refined and shared. That it, malls generally know the factors that lead to mall success. Among those factors is store mix, or the kinds and sizes of stores. Malls generally have two or more "anchor stores"--like a department store, food courts, independent clothing stores, home furnishings, etc. Mall space is jealously guarded because each store benefits from the right mix.
It may be that a store selling hockey gear may fit into the mall store mix philosophy better than a religious book store. Mall management, because a mall is private property, is much more rigid and strict than, say, a Downtown, where each store is individually owned and leased based on that store owner's best retail judgment.
Unfortunately, no matter what the facts are, you will be tried in the court of public opinion. I can only imagine the difficulty of keeping a Christian bookstore open in the city of Missoula. It seems to me that Michael was trying to keep his promise and obligations in the lease agreement, but the SGM administrators did not want to "work" with him and instead decided to put him out of business in the mall after 12 years of "Good Faith." Honestly, I don't know how any small businesses can remain in the mall. They only seem to cater to "Big Brand Stores," those same corporations the libs are always complaining about, but certainly want their money. The small business person will soon be a thing of the past in Missoula, unless of course you have deep enough pockets.
Glad Mr Burks had this opportunity to clear that up for anyone who thought (or cared) that he was delinquent; I for one did not, but I think I would have done the same if I felt as he did. Thanks also for clearing up the lawsuit for those that were curious. In sum: 1 Burks signed contract for Missoula Maulers Store, 2 Burks sought to break or at least change contract, 3 Mall said no thanks. (should be end of story here), 4 Burks sued. 5 I'm guessing case gets thrown out.
Chuck, read the pdf of the law suit. Your points 1 through 4 do not match the facts of the two contracts as alleged in the law suit. Have you read the contracts?
Works for me. Funny how facts get in the way of a good story and I'd hate to think a major corporate advertiser (hint hint) might get preferential press. Nah, not in Missoulalalala-land.
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