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| Marcel Strigberger |
These competitions are actually Joey “Jaws” Chestnut’s full-time job. He earns up to $500,000 per year from both endorsements and competitions, devouring not only hot dogs but also hard-boiled eggs — 141 in eight minutes, grilled cheese sandwiches — 47 in 10 minutes and shrimp wantons — 390 in eight minutes. The Nathan’s event first prize is $10,000 and the coveted Mustered Yellow Belt.
There is no indication so far that Jaws will sue anybody. In my opinion I think he has a super case. I would say Nathan’s’ ban constitutes a clear case of restraint in trade.
This principle renders a contractual term purporting to restrict an individual's freedom to work for others or carry out his trade or business void unless it is designed to protect legitimate business interests and no wider than reasonably necessary.
This ban clearly goes over the top, or rather over the bun. After all Impossible Foods’ product is plant based. What’s Nathan’s’ beef?
And by allowing Chestnut to enter those other eating competitions they have clearly condoned his actions leading him to believe a hard-boiled egg is unlike a hot dog. Blatant entrapment.
I can just see the unfolding of the trial, starting with the opening address to the jury:
“Members of the jury. This case is about a travesty of justice. You will be shocked by the evidence you hear. The defendant Nathan’s Famous banned the plaintiff from eating their hot dogs at Coney Island on July 4th. How much more un-American can you get? I take you back to our founding fathers who risked their lives liberating our country from the British. What the defendant Nathan’s has done to Joey Chestnut is like Benjamin Franklin being banned from competing in any competition run by Costco because he wore bifocals from LensCrafters. We shall be asking that you teach the defendant a lesson by awarding Joey Chestnut punitive damages… “
Chestnut could consider another legal route, namely seeking a court ordered Writ of Mandamus. There should be no problem getting a motions judge to order Nathan’s Famous to allow Chestnut to compete. After all Nathan’s Famous has been running this competition for over 50 years. And they have a clear obligation to allow Chestnut to join in as their rules allow any past champion to do so. Their rules do not say, “Past champions welcome, unless you betray us and munch down vegan wieners.”
If that is what they intended, they should have clearly spelled it out
I say to Chestnut, go for it.
Incidentally in reading about this event, I learned that eating 76 hot dogs in one sitting results in a weight again of about 24 pounds. After swallowing up this hot dog tsunami, the guy must have looked like a python. And the calory quantum is 20,000. Yikes! Please hold the Coke.
And speaking of Costco I came across a Google link which reads, “Costco hot dogs have cost $1.50 since the 1980s. Here’s why prices aren’t changing.”
Given that I do enjoy a good hot dog now and then, but I shudder to find out what goes into one, I thought it best for my peace of mind not to open that link.
Marcel Strigberger retired from his Greater Toronto Area litigation practice and continues the more serious business of humorous author and speaker. For more vital musings on travel, check out his book Poutine on the Orient Express: An Irreverent Look at Travel, on Amazon (e-book) and in paper version. Visit www.marcelshumour.com. Follow him @MarcelsHumour. And FYI, expect the new book, First, Let’s Kill the Lawyer Jokes: An Attorney’s Irreverent Serious Look at the Legal Universe, to launch in the summer.
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