Norm's Beer and Wine Customers Fight Non-Compete Clause

It’s not over until we say it’s over.

That’s the "Animal House"-inspired motto of a group of area residents who are fighting to keep – an independent store that’s attracted legions of devotees since it opened in 1998 – in Vienna. 

Norm Yow, the shop’s owner, said he was initially excited when he heard  The lot had been vacant for two years, and Yow believed increased traffic to the strip mall would improve his already thriving business. His landlord, the Bethesda-based company Finmarc, even used the impending arrival of the gourmet chain store as justification to raise his rent at the end of 2008, he said.

But the anticipation turned to chagrin in mid-February, when Finmarc informed Yow that they’d offered Fresh Market, which intends to sell beer and wine, a non-compete clause that would force Norm’s out of the location its been in for 13 years.

“My lease ends at the end of 2013, but I was told that the agreement that was made with Fresh Market calls for me to be out of the shopping center by June 30, 2015,” Yow said. “But I want to stay right here.”

And so do Norm’s followers, who’ve set up a Save Norm’s Beer & Wine Facebook group that has attracted nearly 400 followers in less than a week. The group features photos of John Belushi, who delivered the infamous, “It’s not over until we say it’s over,” speech in the film "Animal House," and has comments from scores of area residents who want to see Norm’s stay put in Vienna. Members have written, called and emailed Fresh Market headquarters protesting the clause. Some group members said they'll boycott the store if it opens with the clause in place.

They've also set up a petition in the store. Signatures have been collected, scanned and emailed to Fresh Market "on a regular basis," supporter Rich Hubner wrote on the group's Facebook wall. 

On Saturday, some of those customers were among those busy shopping at Norm’s. Yow and his seven employees seemed to know many by name, and several regulars noted the shop’s unique selection of craft beers, specialty foods and eclectic mix of wines – many from smaller vintners – would be impossible to find at national chain stores.

Bill Werning, a Vienna resident who has been shopping at Norm’s since it opened, likes to support independent businesses and thinks that unique shops like Norm’s are part of what makes Vienna a great place to live.

“Having independent shops is part of the quality of life here, because you get better service in places like this,” he said, hoisting a six pack of German mai-bock off the shelf.  “Forcing them out is a horrendous idea – if they [Fresh Market] want to sell beer and wine, let them compete with anybody else.”

Another customer, Adam Kirk, said he’d been traveling to the store from Arlington on a regular basis since 2001 because of its unique selection and knowledgeable staff.

“It’s just a nice small shop, where you get real attention,” he said. “Political stances aside, it’s just another example of a big company coming in trying to push a small business out.  You lose something when you lose unique places like this. Everything just becomes a mall.”

The still-sluggish economy may also be to blame for the situation. The large retail space next to Norm’s has been sitting empty for two years: Hancock Fabrics, Kettermann's Jewelers and Blockbuster were driven out of the plaza because of slow business (and bankruptcy), too. The non-compete clause could have been a Finmarc attempt to entice tenants in a quickly-emptying plaza.

But non-compete clauses appear to have been issues in other areas with incoming Fresh Markets, too:  In 2008, the Greensboro, N.C.-based chain asked a local Christmas Tree stand in Gainesville, FL, to stop selling wreaths because it also sold them during the holidays.

Fresh Market did not return calls asking about the clause.

For his part, Yow feels like he’s formed a bond with his customers that he’d hate to lose. Prior to opening the store in ’98, he worked as a financial manager for defense contractors that specialized in naval programs, but doesn’t long to return to the coat and tie lifestyle.

“I don’t miss the 8 a.m. Monday morning meetings, or the traffic,” Yow said, noting he lives just four miles from the store. “I’m not really the kind of guy to wear a suit and sit in an office all day, so what we’ve built here suits me.”

He said he's optimistic about making a change in the contract.

“I spoke with someone from Fresh Market about three to four weeks ago and it was a good opening dialogue and he didn’t rule it out," Yow said. "And enough people have called or emailed their headquarters in Greensboro that we’ve gotten their attention.”

And his customers aren’t about to take the eviction notice lying down.

Kirk thinks that the Facebook campaign has the potential to make Fresh Market think twice about alienating potential customers with what he views as strong arm, anti-competitive tactics.

“It worked in the Middle East,” he said, referring to Facebook campaigns to bring down dictators in Tunisia and Egypt. “Why can’t it work in Vienna, too?”