A Full Account

In an effort to be transparent, here's what's been going on behind the scenes

Addressing The Closure

I know there has been a lot of confusion about Q over the last month. We unexpectedly closed the storefront with very short notice and I’ve been quite vague in newsletters and social media posts about what has been going on. Now that things are starting to settle, I’ve decided to give my account of what has been happening behind the scenes for sake of transparency and for people to know what we’ve been going through. My aim is to be as objective and straightforward as possible.

We have a subletter who rents our kitchen in the evenings. Our subletter moved in and on May 10th, had their inspection with Washtenaw County health department. Q is inspected by the State through MDARD (Michigan Department of Agriculture and Rural Development) so we are not under the health department. The health inspector came for the inspection and was intercepted in the parking lot by a neighbor with complaints about smells from our kitchen. Due to said complaints, the inspector wanted us to confirm a couple things with the building department before giving our subletter approval to operate. My husband reached out to the City via email on May 15th to get the needed confirmation for the health inspector. In the process of doing so, a city official looked into our documents and told us that our certificate of occupancy was just for the kitchen and not the storefront. We understood that this was a mistake on our part and began the process to remedy it. We were told to stop retail sales immediately on May 23rd. A building inspector came that day to give our notice and said they were also there because of smell complaints from a neighbor. They said they didn’t notice anything and would let the mechanical inspector handle it. We temporarily closed our storefront within 24 hours and it remains closed to this day. Since our kitchen is still approved to operate, we switched to online preorders and picking up outside the shop in the interim.

In order to reopen the shop, we needed to submit plans of the storefront to the City, get permits issued, do work in the space (if necessary), and get it inspected before receiving another certificate of occupancy. My contractor submitted our plans for the storefront on June 13th. On June 14th, I received this email excerpt from a building official: “The building department continues to receive complaints of odors from cooked food…and allegations of additional kitchen equipment being used that was not originally approved and may be in violation to mechanical code and manufacturer specifications. I would like to arrange a time…to visit the kitchen space to observe what equipment is in place and if any violations exist…”

On June 18th, three building department officials came for the visit. Since our kitchen was approved four months ago and we did not make any changes, I was not anticipating any issues whatsoever. Long story short, there was confusion surrounding our electric oven. I learned that while the oven was included on the plans we submitted (and were approved), it somehow was not on the mechanical permits issued by the City. Because of this discrepancy, we need to resubmit our kitchen plans and get a mechanical inspection for the oven. Initially, the City was requiring us to remain closed until everything was resubmitted and inspected, but this would’ve kept us closed for at least another 1-2 months. I made a plea to an administrator explaining that we wouldn’t be able to survive being closed much longer and they granted my request to separate and expedite our storefront permits so we can reopen while figuring out the kitchen.

We got our reviewed storefront plans back this week and are being asked to add some ADA accessibility changes before they will be approved. I’m hoping we can reopen sometime the week after the July 4th holiday if all goes smoothly. We are still figuring out the oven situation but it’s likely we’ll need to sell our current one and purchase our third oven ($32K) in four months. There seems to be ambiguity surrounding electric ovens because all the previous kitchens I’ve worked at in the area have similar ovens without ventilation.

Our storefront has been closed just over a month and we were down 30% in sales from the start. Now, we’re probably at 50% in sales. This type of closure can absolutely ruin a small business. Know that all my frustrations aside, I am incredibly grateful the administrator took the time to understand and grant us a variance to reopen sooner. I absolutely owe it to our supporters who advocated for us and for city council members who worked on our behalf to get in front of the right people. It was so relieving to finally get a “win” after four months of challenge and bad news.

Addressing The Complaints

Which brings me to my next point. Everything we’ve been through is related to the persistent complaints from a neighbor (who I will henceforth refer to as “Neighbor”). We started receiving complaints on February 13th (the day before we opened) about savory food smells from our kitchen. Between then and the end of May, Neighbor has confronted me, my husband, my staff, and subletters at least fifteen (documented) times, either by coming directly into employee-only areas or in/around the shop and parking lot. Despite all of this, they would patronize our business almost daily to purchase coffee and sometimes a pastry.

I will go into detail about notable events below:

• February 14th, 2024 around 9AM

  On the day we opened, Neighbor came into the shop and claimed to my manager that they got sick with carbon monoxide poisoning the day before, presumably from the smell of chili crisp. (This is simply not possible because we do not have any gas equipment in our kitchen). Because there were customers around, my manager quickly tried to diffuse the situation and promised that we would only make chili crisp when they are closed. To this day, we have honored that.

• March 20th, 2024 around 5PM

  Neighbor confronted my manager, upset about condensation on their windows and food smells. This time, they threatened to get an attorney involved and requested that I reach out soon. We were not cooking or baking anything at the time. In fact, everyone had already left for the day except my manager who was upstairs reading a book while waiting for a ride home.

• March 22nd, 2024

  A contractor came to seal off some vents in our kitchen in hopes that it would help with any air exchange.

• April 12th, 2024 around 10AM

  Neighbor came into our kitchen and confronted me in front of my staff, stating that the last three days have been intolerable with smells. We had not cooked a single thing in the last three days other than baking our pastries, boiling water, and make custard. They gave me the attached letter, stating the following one would be from their lawyer. The also threatened seeking an injunction on my business.

This same day, my husband purchased a $250 charcoal air filter and gifted it to them in the afternoon around 2pm. We purchased the same filter to use in our space as a courtesy.

• April 23rd, 2024 around 5:30PM

  Neighbor came into our kitchen and found my manager alone, saying whatever we were currently cooking was emanating chili smells and they noticed around 3PM. My manager told them the ovens have been off since 1:30PM and we haven’t cooked a thing. They said their eyes were all watery and they didn’t want to argue. My manager told them the floor was just mopped and asked if they were smelling Pine-Sol. They said no. Later that evening, our property manager called me saying they got a voicemail and about 20 text messages of complaints about smells.

• May 10th, 2024 around 10AM

  Neighbor and I had a cordial discussion. They offered to loan $5,000, interest free, and I wouldn’t have to pay them back for one year, to get ventilation. I decline because I do not want to be indebted to this person. I told them that ventilation costs a lot more than $5,000 and that we are not required to have it due to our kitchen being approved as-is by the City. They said I should have a contractor come and add some sort of fan to ventilate into the outside stairwell. I told them that is illegal work, not up to code, and I don’t want to pursue that option. They said something to the effect of “people do it all the time.” I told them that we may pursue a large charcoal filter option ($6K), the kind that casinos use to eliminate cigarette smells. They did not seem enthused with this option and stated they think only ventilation will solve the issue, and that we are still civilly liable for decreasing their air quality. They expressed that they didn’t want to get authorities involved, they don’t like authorities, and that they want to settle things with me.

• May 10th, 2024 at 5PM

  Just hours after the aforementioned conversation, our subletter had their health inspection. Before our subletter and the inspector had the chance to start the inspection, they were intercepted by Neighbor. Our subletter informs them that they are not a part of Q and any qualms they have with Q would not be relevant. Neighbor continues to mention that the City has been ignoring them and they have voiced their grievances for the past five months (we had only been open for three months), that they have been tearing up and choking due to the smell of red pepper and chili oil, that they have 23 written complaints from customers and neighboring businesses and have lost sales/regulars because of the smell. They said Q has provided them with an air safety tester (the charcoal air filter we gifted) that has tested as unsafe on multiple occasions, and that all the smell vents over to their space and is five times as strong as it is at Q's kitchen. After the inspection, Neighbor again catches the health inspector on their way out and requests to speak in private. The inspector asks if my manager or subletter would like to accompany during the follow up conversation and they both decline.

• May 13, 2024 around 12:30 PM

  Our property manager informed me that they had just gotten off the phone with Neighbor. Neighbor claimed that the health inspector was in our kitchen to conduct inspections that morning. They also claimed that the health inspector determined all our equipment needed ventilation and that our MDARD inspector shouldn’t have approved the kitchen. Additionally, they said that we use peanut oil (we don’t) which the inspector said is not allowed due to allergies. They also claimed that their doctor wanted them to order a CT scan for the illness we’ve been causing. I responded that I had been in the kitchen all morning and no one had entered our space except for myself and two staff members. We determined at that point that Neighbor had lied about the situation, although the property manager did say they could’ve misunderstood. I later got further confirmation that the health inspector did not visit our space (it was their day off).

• May 13, 2024 at 5:30PM

  My female staff member started to climb the stairs out of our kitchen and was met by Neighbor who blocked off her exit, and began to accost her about how she was not allowed to continue work, stating she was in violation with the health inspector (assuming she worked for our subletter). She informed them that she works for me, where they disagreed, stating something to the effect of, "No one at Q drives a car.” She informed them that she did. They then asked for her name to which she responded that she did not feel comfortable giving her name. They allowed her to continue up the stairs to her car, but continued to go on about how even Q was under review for potential violations. As she came back to her car a second time, she realized that Neighbor began to review her car and take a photo of her license plate. She asked them to not and that they had no right. They replied that they did because she was on public property, snapped a photo, and went away.

• May 15, 2024 around 4PM

  My lawyer sends Neighbor the attached letter. It also includes a cease-and-desist after the confrontation with my staff member.

  

  

• May 16, 2024 at 10:40AM

  Our MDARD inspector came and did a surprise inspection in response to Neighbor’s complaints. Here is an excerpt from the report:

  “Complaint 1 - Q bakery moved in about four months ago. Shortly after they moved in we started experiencing health issues such as sore throats, runny nose and burning of the eyes and lungs. There is large amount of hot pepper oil in the air, drastic temperature rising, and the smell of garlic and onions seeping through the walls. The county inspector noted that he found that it is not ventilated at all and that half of their appliances legally require venting and this must done (I have written confirmation from the county inspector that they said “may” and not “must”).

  Complaint 2 - We have noticed an offensive smell, followed by burning eyes, sore throats and dripping sinuses. Apparently they passed city inspection about proper ventilation because they told them that they were only baking. Since then we have learned that they are making hot pepper sauce, among other items on stovetop.

  MDARD received the above-mentioned alleged complaints against Q Bakehouse & Market. Inspector conducted an on-site investigation on May 16, 2024. Rachel Martindale, firm operator, was present during the investigation and was aware of the nature of the complaint. During this investigation, the firm was in full production. No noxious odors, staining on the walls or ceilings, or smoke was observed that would indicate adequate ventilation was not provided. Additionally, the firm stated approximately 3 hours prior they had baked scones which contained chilis. Imminent or substantial health hazards were not observed.”

• May 21st, 2024

  One of my subletters was in the parking lot moving stuff out of the car when Neighbor approached and said something to the effect of “I haven't even started fighting yet." Later, this same subletter was in the shop when a customer came in. The customer said something to the effect of "your neighbor has smoke coming out of their ears,” and said Neighbor has been complaining about us. Later that day, Neighbor sees me through the storefront window and signals for me to come outside. I hesitated knowing my lawyer just sent the cease and desist, but decided to see what would come of it. They mentioned that they had an issue with the female staff member of mine who they harassed and that she was not allowed to be there. I confirmed that she works for me, to which they disagreed. I reiterated again that she works for me, and regardless of if she worked for our subletter, our subletter got the final approval to work in our kitchen. They disagreed. At that point, it was clear to me that they weren’t going to believe anything I was saying. They mentioned monitoring everyone’s comings and goings with their security cameras on the building (I have not confirmed if this is true), claimed it’s my fault and they have no choice to reach out to the authorities even though they don’t want to, and that they’re just waiting for the City to shut us down. It should be noted that they were violating the cease-and-desist by continuing to interact with me, my staff, and subletters, although in this case I willingly had the conversation.

• May 21st, 2024 at 1:30PM

  One of my subletters reached out to me that Neighbor has been taking pictures of them and their staff while they come and go. They mention that they have predominately female staff who are uncomfortable with Neighbor taking photos of them and feel like it's harassment. (I understand that taking photos in a public place is not illegal, but repeated, intentional photo-taking of the same individuals could be deemed as harassment).

• May 25th, 2024 around 5:30PM

  This was the first day we temporarily shut down our storefront. Neighbor said something to the effect of “I don't even have the words to say. It's all horrible right now, but we love having you guys here, we'll get through this together,” to one of my subletters. Later that day, Neighbor was waiting for my manager outside. They wished that my manager didn’t hate them. My manager said something to the effect of “I don’t hate you or anyone else for that matter.” Neighbor pretended to be relieved and shook my manager’s hand. Throughout the conversation, they continued to complain about smells.

• May 28, 2024 around 9:30AM

  My employee was cleaning the main prep area of the kitchen and noticed someone putting their phone up to the kitchen window while standing further up the stairs, assuming they didn't want to be seen. They stepped outside, found Neighbor standing there with their phone, and told them they cannot take our pictures without consent or be on our property. Neighbor yelled that the City told them to and ran away. Later that day, I confirmed with the Building Department that their statement was false: “Hello Rachel, I did not tell anyone that is not City staff to take pictures. If I require photos as documentation I would send a City Inspector to take them.”

• May 30, 2024 at 8:00AM

  I sent this email to Neighbor:

  “Despite receiving [the] letter from our lawyer on May 15th, you have still been confronting me, [my husband], my staff, and my subletters with complaints. We are already in the process of working through things with the City. Please leave us alone.

  I have confirmed with the property manager that the outdoor egress stairs are private property and for employees only. After the recent incident of you trying to sneakily take photos of my staff/our kitchen on our stairs, you are no longer allowed on our premises. You need to immediately cease and desist interacting with me, [my husband], my employees, and subletters, which includes photographing us without our consent. If you continue despite being warned by us and our attorney, you will be trespassed and we will pursue criminal charges.”

• June 8, 2024 at 1:22AM

  I received this email from someone who works with Neighbor:

  “Hi Rachael…I know that we have issues but would like to resolve them. Your air quality machine is only proving that when you’re cooking certain things it goes down to zero air quality. I only want you succeed, you are a definite plus to the neighborhood. I only hope that you will properly ventilate your space as I have been sick, sore throat, runny nose..clients have left…because of offensive smell. Just ventilate and all will be good.” (The air purifier we gifted has an indicator of % clean air on the front panel that goes up as it cleans the air. Anything can cause the percentage to drop, even opening a window/door and allowing outdoor air into a space).

• June 24, 2024 around 2:30PM

  During my phone conversation with a City official, they mentioned that they are not concerned about complaints from Neighbor. They said they are required to follow up on complaints and confirmed that there is nothing they would deem a violation. They reiterated that our kitchen is still allowed to operate during this time and issues regarding resubmitting kitchen plans are strictly due to the mechanical permit discrepancy and not because of Neighbor.

• June 27, 2024 around 9PM

  A city official messaged me that Neighbor is FOIAing all communications about me and my business, so whatever is written by me and city/county/state officials will be accessible to Neighbor.

These are the most notable excerpts from my documentation I have collected thus far. It does not include even close to all the instances, but offers a small window into what we have been experiencing since we opened. I want to acknowledge that I don’t doubt there are food smells coming from our kitchen. No amount of ventilation will change that, because after all, we are a food business. I also understand being sensitive to or not enjoying particular smells, but this is simply the reality of renting in a mixed use building. Myself and my staff who work daily in our kitchen have never once experienced ill effects like scratchy throats, white stuff developing around our mouths, or burning lungs as Neighbor has claimed to experience. On occasion, we will get watery eyes while chopping onions or scallions, but that is to be expected. We have also had thousands of customers in our shop over a few months; no one has ever commented about offensive smells or that they felt ill in our space that is directly open to the kitchen downstairs. I personally believe that we have acted in good faith, accommodated in reasonable ways, and set necessary boundaries. I also believe there are countless ways to go about pursuing compromise without escalating to the level that Neighbor has.

My goal this entire time has been to not delve into retaliatory or petty behavior. I think it’s important for our community and supporters to know what we as a business are going through. In a time where naming and shaming is all over the Internet, I do not want this to be the result of this newsletter which is why I’ve removed identifying information. As challenging as it has been, Neighbor is still a human being. You can absolutely feel whatever emotions come up (I definitely have felt it all), but I request that you do not respond or act out of said emotions. I want to keep moving forward and rise above, and I hope we can do that collectively as we reopen the shop soon.

If you have questions or concerns or want to discuss anything that has been shared, please email me and I am happy to have a conversation.

Edit: I intended to keep the identity of Neighbor unknown, but since Jennifer who works at the salon outed the business in the newsletter comments, I wanted to address something. Jennifer Rose, to my knowledge, is one of the salon's employees. Paul Marahar, who also works out of the salon, has NOT been involved in any of this and we have not had any negative interactions with him. I have been made aware that Paul is receiving negative comments on his Instagram posts and I just want to reiterate that he has not been involved.

Edit: I have removed the paragraph insinuating any sort of racism involved. I have since realized that it does not add to the account in a factual way and has turned the conversation in a direction I do not want/did not intend. I apologize for letting a lapse in judgment due to my personal frustrations detract from a factual account.