Tennessee Burger King Defends Its "Global Warming Is Baloney" Sign
By Jay Yarow
June 06, 2009: 10:37 AM ET

(alleyinsider.com) -- The Burger King in Tennesse that says "Global Warming Is Baloney" went on the record to defend itself with Leo Hickman of the Guardian. What followed was "one of the more memorable calls" Hickman's ever had as a journalist.

The franchise remains defiant, saying, "We're not sheeple around here, and while Barack Obama would like to have you believe that no one is entitled to have a view other than his, if someone wants to stand up and say "Global Warming is Baloney", then I'm all for it."

If you missed this story, here's a catch-up. Chris Davis, a reporter for the Memphis Flyer, spotted a Burger King blaring "Global Warming Is Baloney" on its sign early last week. When he called the franchise to ask about the sign, the franchise played dumb, saying "I don't see that sir." The reporter told them he had photos of the sign. The franchise didn't know what to say to that, and told him to call Burger King's corporated HQ. Here's the full transcript.

The absurd story gained traction across the web, moving from the Memphis Flyer to the Guardian to HuffPo, eventually landing on Keith Olbermann's show, where Olbermann included the Burger King franchise, in his "Worst Person Ever" schtick.

Yet, the parent company of the local franchise, Mirabile Investment Corporation (MIC), wasn't willing to talk with reporters until yesterday, when Leo Hickman of the Guardian got J.J. McNelis, MIC's marketing president, on the phone and asked about the sign.

GUARDIAN: Me: BK Corp issued a statement saying that 'global warming is baloney' wasn't their view and that they had asked you to take them down. Is that your understanding of it?

McNelis: I can't speak for them. I would think they would run from any form of controversy kinda like cockroaches when the lights get turned on. I'm not aware of any direction that they gave the franchisee and I don't think they have the authority to do it. The franchisee can put on a sign whatever he wants.

Me: They're saying that within the terms of the franchisee contract it says something along the lines that signs outside a restaurant can't be used to express any political or religious views.

McNelis: Well, it maybe a religious belief for some folks, but it's certainly not for the franchisee here and I don't think that it's necessarily political either. But I have to tell you that I don't read the franchise agreement with regularity or else I would have a bad case of insomnia.

Me: There have been some comments made about how MIC-owned Burger Kings all have Fox News playing inside them on TV sets. Is that correct?

McNelis: I can't say that it's correct. I do know that there are TV sets in a lot of the restaurants. In fact, they very well maybe on Fox News but if you are asking me that's a mandate of some sort I would think that's not true.

Me: So your reaction to this whole story that's now gone around the world is bemusement and amusement?

McNelis: It certainly shows the power of internet communications and the society we live in, that it would even get played over across the pond.

Me: Apparently, it even featured on MSNBC....

McNelis: I heard it even made that Keith Olbermann show which is, gosh, a real coup. A small franchisee over in Memphis, Tennessee, can be the "Worst Person in the World". If that's the case then we've got a pretty good damn thing going.

Me: Are you not a fan of the show?

McNelis: Well, the technology now allows that anyone with a microphone can make a complete idiot of themselves and I'm sure given the opportunity I might do it myself. No, we don't pay any attention to that. The corollary to the comment I've just made is that obviously this is today's news and tomorrow they'll be talking about something else whether it's what Barack Obama is apologising for over in Cairo, or any other number of things, and we'll look at this in the rear-view mirror and be movin' on.

Me: So to clarify, it wasn't MIC policy to put up these signs? It was just down to individual managers in each restaurant?

McNelis: I don't know. Sometimes it's like a wild fire in the west – things spread around and all kinds of stuff goes on. But it certainly got some folks' attention.

Me: Some people have been telling Memphis papers that they've seen the signs at a dozen or so sites.

McNelis: Well, they're 40-odd restaurants in the franchise so that wouldn't surprise me at all.

Me: But that suggests that it might have come from some sort of central memo to put these signs up?

McNelis: It's kinda like the old movie the Wizard of Oz; there's somebody back there behind the curtain turning the dials or something. I haven't had a chance because I don't have a little dog pulling on it.

Me: So, there's wasn't a memo?

McNelis: I don't know that. I'm just not privy to that kind of discussion. I grew up in the Watergate era so there may have been some guys in the back room scheming and plotting but I don't think any one is trying to take over the world with this thing.

Me: BK Corp are saying that they've demanded that these signs get taken down and that they have now been taken down...

McNelis: Burger King can tell me to use my left hand when I scratch my nose instead of my right but that doesn't mean I'm going to use my right. They can say whatever they want. The management team can put the message up there if they want to. It is private property and over here in the US we do have some rights, not withstanding a franchise agreement that I could load a Brinks vehicle with I've got so many of them. By the time the BK lawyers work out how to make that stick we'd be in the year 2020. I don't think the franchisees are particularly concerned about that. BK can bluster all they want about what they can tell the franchisee to do but we have free speech rights in this country so I don't think there's any concerns. Don't come away from this conversation with the impression that the franchisee did anything because the BK Corporation told him he had to. They're only printed words on paper. The contract is only as strong as the ability to enforce it. Some things can be enforced, other things can't. I know BK would like to have you believe they have the authority and the willingness to make us do all kinds of different things, but that's not how the world works.

Me: Have you been using these road-side signs for years to display such messages?

McNelis: I think that just about any restaurant that gets opened that has the ability to have one of these signs has one as they are used for marketing messages and any number of different things – new promotions, say, or "Happy Birthday George Bush", or "Open Christmas Day".

Me: But "Global Warming is Baloney" is certainly a different sort of message, a more political viewpoint?

McNelis: I would agree that it's a viewpoint, but not necessarily a political one. But we're not sheeple around here, and while Barack Obama would like to have you believe that no one is entitled to have a view other than his, if someone wants to stand up and say "Global Warming is Baloney", then I'm all for it. It doesn't matter to me, whether I believe in it or not. They have first amendment rights to say whatever's on their mind. And nobody dictates otherwise.