Todd Unger, WFAA 11:43 PM. CDT April 22, 2016
MANSFIELD - Benji Arslanovksi has spent most of his adult life in the restaurant business, but he has never seen anything like this.
"Not this. Definitely a first," he said.
Last weekend, he says a customer became upset when he ordered the Saturday special but wasn't given a cup of soup.
The special usually includes an entree, two sides and the soup.
"I mean the soup is great," Arslanovski said. "People love it."
But he says it's pretty well understood that the soup is a "freebie," kind of like a pickle.
Arslanovski even makes sure it's clearly spelled out on the restaurant's menu that the soup is only served "while supplies last."
The customer didn't want to accept that, he says.
"He was upset we wouldn't substitute some veggies or a side item for his soup," said the owner.
On Thursday, a demand letter from attorney Dwain Downing arrived, saying he wanted $2.25 in damages and $250 in attorney's fees, or that the restaurant would be sued.
Turns out, Downing was also the customer.
In the letter, Downing says the menu is an offer of a contract, and that the restaurant uses a deceptive trade practice.
"I really don't know what to think," said Arslanovksi. "I mean, it's a cup of soup."
Contacted by News 8 on Friday, Downing refused an on-camera interview. He did say he thinks the restaurant should prepare for running out of soup if it happens regularly.
He conceded the menus state the soup is only available "while supplies last."
The restaurant posted the legal letter to its Facebook page.
Reaction has been swift, the vast majority of comments in favor of the restaurant.
"I contacted my own attorney," Arslanovski said. "I think he thought I was joking.
Our Place usually serves up to 4,000 customers a week. They're known for their breakfast and country-style cooking.
The owner admits he now might be known for something else.
"I think I might hang [the letter] up. Why not?" he said.
The letter demands that restaurant respond within 10 days.
It also misspells the owner's last name, putting a "skobi" where the "ovski" should be.
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Four days later, after considerable uproar, Downing appeared on camera to back off of his lawsuit but not his position:
Todd Unger , WFAA 12:40 AM. CDT April 26, 2016
ARLINGTON — It hasn't been an easy 72 hours for Arlington attorney Dwain Downing.
One could make the argument he's partly to blame for that.
Last week, the longtime attorney fired off a certified demand letter to Our Place Restaurant in Mansfield.
As News 8 first reported on Friday, the letter demanded $2.25 in damages, and also $250 in attorney's fees, because Downing wasn't given soup as part of a lunchtime special order during a recent visit.
In the letter, he said not getting the soup amounted to breach of contract and deceptive trade practices.
The restaurant posted the note to Facebook, and to say the story has gone viral is an understatement.
The attorney now says he would've handled it differently.
"Probably not. I would've been upset, but I probably wouldn't have written the letter," Downing said during an interview on Monday.
He says he no longer plans to sue, partly because of cyber bullying and threats that he says resulted from the exposure.
"I didn't put it on social media," Downing said. "I didn't intend for it to become this way. This place was rude, very rude. He put it on social media. Cyber bullies have threatened my life."
The restaurant is owned by Benji Arslanovksi. He says the menus make clear that any soup is only "while supplies last," and that it's considered free, almost like a pickle.
"The soup is great, people love it," he said Friday. "But it's only while it lasts for that day."
A standard "special" typically includes an entree, two sides and then the cup of soup.
Arslanovski also said that if Downing had just called and tried to talk with him, he would've gladly provided him some soup on another visit.
The popular eatery started taking canned soup donations over the weekend to give to local food pantries. Customers that bring one in also get 10 percent off their meal.