Why did the Shawano, WI, Ponderosa Restaurant Close in August, 2008?

Having lived in Shawano and read the local newspaper for so many years, and knowing that some stories have more than one aspect, we have recently become aware of how easy it can be to present only part of a situation, or skew the events in a way to fit one's own biases. Face it, everyone has their biases and perceptions, however much they try to present an objective facade. This is especially true in investigative journalism, and is the main reason why you should independently verify everything you read.

Having given this introduction, the incident we are specifically referring to involves the closure of the Ponderosa Restaurant on Green Bay Street in Shawano, Wisconsin, in late August, 2008. The Shawano Leader article on this closure indicates that the two parties, lessee William Janney of Shaw-Bay, Inc. and property owner Naomi Isaacson of SIST, were under negotiations. However, the article by Kent Tempus seems to indicate that SIST was responsible for the sudden closure. Below is an article written by SIST CEO Naomi Isaacson regarding her experiences on August 24 and 25, 2008, regarding the Ponderosa building. Prepare to be shocked...

From the desk of SIST CEO
Naomi Isaacson, JD

The Shawano Police Department
Helped Destroy the Ponderosa Building

THE PUBLIC IS WELCOME TO SEE WITH THEIR OWN EYES.
SOME HAVE SEEN IT ALREADY.

The event occurred on the evening of August 24th, through the entire night and the following day, August 25, 2008, until 10:00 p.m.

Finally, in May 2008, SIST’s attorney gave William Janney of Shaw-Bay, Inc a notice of termination of lease which required payment of past-due rent in full or vacation of the building by June 1, 2008. Neither occurred. Subsequently, SIST engaged in many negotiations with William Janney for an orderly transition of the business which would allow the employees to remain employed and the business to remain open although SIST would be taking a monetary loss of $200,000 for agreeing to the same. Plans had been made for the same including meeting with existing management personnel, Malea Norton. Norton was to continue as the manager, all the same employees were to remain employed, the Ponderosa franchise was to be transferred to SIST, and business was to continue as usual without any interruption. What actually occurred was entirely the opposite.

On Sunday, August 24, 2008, at about 11:00 p.m. I received a call that a number of cars were at Ponderosa, parked in the dark, on the front lawn, and that items were being removed from the store. I was shocked and surprised at the message and rushed to the site. I arrived at the Ponderosa at about 11:10 p.m. Although it was long past the normal closing time, at least a dozen cars were in the parking lot. Approximately twenty employees were in the process of hauling items out of the store and loading it into their vehicles. We pulled into the parking lot and before I could even get out of the car, a group of employees came running out of the store screaming, swearing, and taking my picture through the car window. After a few minutes, the employees went back into the store. As I was on the phone, attempting to finish a conversation, I had not gotten out of the car yet. A couple minutes later the police arrived on the scene, namely Ryan Atkinson and another officer and came up to the car.

I got out of the vehicle. Atkinson told me that I needed to leave. I told him that we owned the property and that I had a right to be here. Atkinson then accused me of causing a disturbance which I told him was untruthful as I had not said a word to anyone. I had just gotten out of the car when the police arrived. How could I be causing a disturbance when I had just gotten there? Atkinson then told me that I needed to give a 24-hour notice to be on the property. I explained to Atkinson that that was not the case and, in fact, the lease gave us the immediate right of entry to the property and that further I had no intention of going inside the building and I offered to show him a copy of the lease. Atkinson told me that the lease was irrelevant at this point in time and I needed to leave as I was loitering. I told Atkinson that he was mistaken and should call his supervisor as it is not possible to be loitering on your own property particularly when all the other people who were on the property were trespassers and had no right to be there. Atkinson said he is the supervisor. Atkinson then told me that I was being cited for loitering and was under arrest. Atkinson and the other officer each grabbed one arm and twisted them behind my back and put the handcuffs on.

Atkinson proceeded to lift my handcuffed arms behind my back so they could tighten the handcuffs so tight my hands went numb. I experienced immediate, sudden, excruciating pain in my arms and shoulders. The pain was so sharp and agonizing that it nearly took my breath away. I had a key ring on my finger when I had gotten out of the car. While they were twisting my arms the key was digging into the palm of my hand. I asked to be allowed to take the key ring off my finger. Atkinson refused and pulled the key ring off my finger nearly breaking my finger in the process. I was placed in the police car and taken to the police station for booking. It was obvious that Atkinson was taking out his hatred for SIST on me physically.

I was under excruciating pain in my shoulders and arms. As the handcuffs were so tight, the blood supply to my hands was cut off and they were numb. When I got to the police station, the handcuffs were only able to be removed with great difficulty. Obviously, Atkinson had intentionally twisted and tightened the handcuffs to hurt me. Eventually, much later, I was released.

My hands in splints after being treated in the emergency room following my mishandling by Officer Atkinson.

I left the police station with dislocated bones, bruises, welts, and strained muscles from my gross mistreatment from Atkinson. For those of you that know me, I am a young, small, quiet, unimposing, and non-threatening attorney. Throughout my entire conversation with Atkinson, I never once raised my voice. But, yet, I was arrested and mishandled for being on our own property.

Meanwhile, I helplessly watched as the property was gutted and destroyed. The employees came with drills and Sawzalls and were removing things from the property. The police refused to assist and claimed it was a civil matter. As the employees knew they were doing what they were doing with the full support of the police department, they continued to systematically destroy the property while various members of the public continued to load their cars, trucks, and trailers with items many of which belonged to us.

A short time later, Shawano Police Chief Whealon arrived on the property with several officers. Whealon ordered me off the property. I again attempted to explain to him that the store was being pillaged and destroyed, and items were being removed that did not belong to them. In his loud thundering voice he told me to shut up. He was not interested in hearing anything. I was told that I did not have any right to even be in the parking lot. Whealon had officers surround me and I was given a final warning to leave the property under threat of arrest. Whealon told the Ponderosa manager that if I stepped off the public sidewalk onto the grass, they were to call the police so that I could be arrested. Norton also reported that she was instructed to park cars in the entrance to the driveways and to have employees standing there guarding the entrances to the parking lot to ensure that neither I nor my employees enter the property.

For the remainder of the day, members of the public entered the Ponderosa and removed property. We were forced to watch from the sidewalk and the road, as the property was pillaged, destroyed, and stripped with the full support of the police department. The employees taunted, harassed, and threatened us as we spent the entire day on the sidewalk, public right-of-way and Mountain Bay Trail taking pictures of the pillage. Throughout the entire day, the police came to the site repeatedly to ensure we did not go on our own property. As the entrances were blocked at police direction, the members of the public often just drove through the lawn or ditch to load their vehicles. Load after load of items were carried to the Shell gas station across the street from the Ponderosa.

Throughout the saga of the day, William Janney, who was not even in Shawano, called the police repeatedly. On one occasion, three officers came to arrest one of my employees for taking pictures. Twenty minutes later, I was threatened by a Ponderosa employee with a Sawzall, called names, and nearly knocked to the ground as I stood on the sidewalk. We called the police. They claimed everyone was dealing with a burglary and no one was able to come. After many, many calls to the police department, Noah Bunt finally appeared. He refused to take any action with respect to the conduct of that employee. Whenever William Janney called from Indiana the police department was ready to jump, but whenever we called, they were always too busy.

Finally, at about 10:00 p.m. on August 25, 2008, after about 15 hours of property destruction, the employees left and we finally could enter our own property. The condition of the property is enough to make you shudder. The property was entirely gutted. Light fixtures had been removed. Plumbing fixtures had been removed leaving open sewer pipes which drew millions of flies. The stench and filth in the kitchen made my stomach curdle. The ceiling was black with mildew and was entirely missing in certain areas. Some tiles were made of pieces of saran-wrap which had been taped together. The walk-in cooler and freezer doors were held together with duct tape. The insides of the refrigerators and freezer were rusted, deteriorated, and moldy. The walls and ceilings were rotted, had holes, and very poor patch jobs. Hoods had been removed which left gaping holes in the building. The stench from the garbage was overpowering.

I really wonder where Lisa Lucht with the State Health Department has been for all these years to allow a public place to continue in this condition. When we took over Best Western, Lisa Lucht gave us a six page list of items to correct in the restaurant and bar within two weeks. The condition of Best Western restaurant was impeccable compared to the Ponderosa. Then, when we were unable to complete her six page list in its entirety within two weeks, Lisa shut the restaurant and bar down. You can be sure that if the Ponderosa was transferred to SIST, Lisa would have shut the restaurant down on the first day and rejoiced all her way back home for the great deed she had done against someone she hated.

I am stunned, shocked, and in severe physical and emotional pain. I have since been to the emergency room and both my wrists are in splints due to Atkinson’s mishandling and brutality. I have also learned that Atkinson has broken some people’s arms during arrest.

SIST spent nearly three months negotiating with William Janney through his attorney, Randy Crocker, trying to iron out the details of a smooth transition. Obviously, in disguise, Mr. Janney and his like-minded attorney, Randy Crocker, were merely using the negotiating time as a delay tactic while they formulated a plan with the police department and other prominent figures in town to destroy the building and buy as much time as possible to remain in the building rent-free. Day after day passed and week after week passed as Mr. Crocker was out, in depositions, sick, on vacation. The list of excuses went on and on. Obviously, William Janney, the police department and other city officials did not want SIST to have the rent it was owed or the Ponderosa franchise. So, William Janney with the support of the City honchos gutted the building, cancelled the franchise, and left the building in such a state that it will take $500,000 or more to repair and refurnish the building before SIST can use it for any purpose. This whole episode is part of the plan to cripple SIST financially.

Where can we go from here? In broad daylight, the police assisted, aided and abetted a crime being committed. The victim was abused, humiliated, tortured, and mistreated. With hatred emanating from their faces, Whealon and Atkinson took the opportunity to abuse their position of authority. All right here in this city we may as well call “hell”.

This incident is just the tip of the iceberg and a demonstrative example of the prejudice and discrimination SIST faces in this city. I have heard about incidents such as this taking place in other countries but I never thought it would or could take place in the United States. But, it happened right here in Shawano, Wisconsin a city where prejudice, discrimination, and miscarriages of justice have occurred against SIST for years.

Click here to hear an audio interview of Naomi Isaacson about the Ponderosa events on The Byte Show

Click here to see Shawano Police Officers in action.

More Shawano Police Officers in action - part 1 and part 2.