Eat Burger, Waive Right to Sue

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whataburger-photo-shop.jpgMandatory arbitration agreements forcing people to give up their rights to sue are now standard fare in everything from cell phone contracts to Hooters’ employment agreements. But the owner of an East Texas Whataburger has apparently taken arbitration mania to a new level. Every public entrance to the burger franchise displays a sign informing people that simply setting foot on the premises means that they are giving up their right to sue the company for any reason, even if, for instance, they get a little e coli along with their fries. Instead, customers will be forced to arbitrate their claims before the American Mediation Association, an organization that seems to consist of three lawyers in Dallas hired by the Whataburger (part of a 58-year-old fast food chain deemed a “Texas treasure” by the state legislature).

Attorney Dan Sorey spotted the sign in early January while in Kilgore investigating the scene of a motorcycle crash for a case. The Whataburger offered an ideal vantage point to study the intersection where the crash happened. Sorey says when he went in, he told a befuddled cashier that he didn’t think that the arbitration notice was enforceable, that anyway he wasn’t agreeing to it, and, “I need a taquito and a coffee.” He says he sat down, watched some traffic, and ate his taquito. “I didn’t choke, I didn’t burn myself, and I didn’t sue ’em,” he reports. Sadly, while we suspect there is a good story behind the signs, the Whataburger franchise owner did not respond to requests for an interview. We’ll just have to assume that the signs are the product of one too many late-night talk-show jokes about McDonalds’ coffee lawsuits.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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