So people are pissed about high gas prices. Well, that's rumored to be the case anyway. In my life it's not really a big topic of conversation but I hear it on the news that everyone is upset. But Californian Mehdi Shahbazi, who ran a gas station for the Shell Oil company, certainly is pissed.
Unfortunately, he's also stupid.
Eight months ago, with customers still reeling from post-Hurricane Katrina gas prices, Shahbazi set up a 4-by-4-foot wooden sign at his Marina Shell station. The sign read: ``Consumers' pain is Big Oil's unearned profit! To oppose it see cashier.''
Inside the mini-mart, people were handed a flier accusing oil companies of trying to drive franchisee retailers like himself out of business by selling gas for less at company-owned stations. The companies' long-term goal is to control the market and raise prices even higher, according to Shahbazi, who came to the United States in 1966 and has sold gas for 37 years.
Shahbazi's solution: Find out which stations are company-owned and ``stop buying from those stations.''
Oddly, Shahbazi didn't realize that his very own station was company owned. So guess what happened?
In a registered letter, Shell's distributor, Peninsula Petroleum of Redwood City, told him to either take down the signs or have his gasoline supplies cut off. Shahbazi ignored the letter because he felt that it was a matter of free speech.
But in Shell Oil's view, Shahbazi violated his franchise agreement to promote its product. Shell terminated his lease and he's now ``illegally occupying'' the Shell-owned property, said Colin West, a San Francisco attorney representing the oil company.
West said ``the First Amendment doesn't apply here'' because Shahbazi essentially bargained away rights to free expression in a written contract.
If you're a McDonald's franchisee, for instance, ``you can't write `Big Macs stink' on the board,'' West said.
Huh.
The fact that Mr Shahbazi had to have this pointed out to him probably explains why he was surprised at what happened next.
Shahbazi owns about $200,000 worth of equipment in his car wash and mini-mart, in addition to a franchise right. But Shell owns the pumps, the tanks and the land.
In December, Shell filed suit in U.S. District Court in San Jose alleging that Shahbazi disparaged the company by putting up the signs. Shell is seeking an injunction aimed at getting Shahbazi to leave the property.
As a result
He just lost his $1 million Carmel condo. The pumps at his beloved gas station in Marina have been fenced off. The beer cooler in his mini-mart is empty because he can't pay suppliers. He's living in his minivan.
Even more strange is that to some he's not stupid, he's a hero
``He's basically a pretty mellow guy, but he's always been a man of his convictions,'' said Anderson, 46, who owns a Marina auto body shop.
Um, right. But even Shell's attorney feels sorry for the guy
``I personally have a certain amount of sympathy for Mr. Shahbazi, but for some reason he has decided he's going to take all these actions that put us in an impossible position,'' said West, the Shell attorney. ``What do you do with a dealer who's maligning the brand?''
Buy him a franchise with a competitor?