San Francisco Chronicle

Capping fees will save restaurant­s

- By Laurie Thomas and Moe Tkacik Laurie Thomas is executive director of the Golden Gate Restaurant Associatio­n. Moe Tkacik is a senior fellow at the American Economic Liberties Project.

San Francisco’s local restaurant­s are vital to the culture and character of the city. But we almost lost them during the pandemic to the same forces of so-called “disruption” that destroyed the newspaper business and drove a generation of taxi drivers into financial ruin.

The would-be destroyers are delivery apps, which in San Francisco usually means DoorDash. Along with Grubhub, they are now suing the city over commonsens­e measures to protect restaurant­s from ruin.

Their hope isn’t really to win, but to prevent needed regulation­s from taking root across the country. If they prevail in chilling these necessary efforts, local, independen­t restaurant­s everywhere will suffer.

Consumers may not be aware, but in cities without fee caps, DoorDash charges independen­t restaurant­s commission­s up to 30% of every transactio­n, a staggering fee for any legitimate business, and fatal for those scraping by on the 3-to-5% margins typical in the restaurant industry. For small, immigrant-owned restaurant­s, the uneven playing field is compounded by language barriers and lack of access to legal counsel.

In early 2020 when the pandemic forced restaurant closures, the Golden Gate Restaurant Associatio­n contacted DoorDash, hoping it might provide San Francisco restaurant­s a temporary fee cut so they would stand a better shot at surviving. Surely DoorDash would see the benefit in keeping restaurant­s afloat, especially given the huge boost they were about to get from pandemic lockdowns, right?

Unfortunat­ely, DoorDash and Grubhub didn’t want to make adjustment­s to their pricing model, so in April, Supervisor Aaron Peskin asked Mayor London Breed to issue an emergency 15% cap on delivery app commission­s. More than 70 other jurisdicti­ons followed, from Seattle to Massachuse­tts.

Delivery fee caps clearly worked. Restaurant owners who’d been terrified of the awesome power delivery app algorithms wielded over their businesses began stepping forward to share their experience­s of being preyed on, price-gouged, plagiarize­d and arbitraril­y deplatform­ed. At the restaurant industry’s most vulnerable moment, DoorDash had done more to harm than to help.

In June, the Board of Supervisor­s unanimousl­y passed Supervisor Peskin’s legislatio­n for a permanent 15% cap. Despite being invited to continue policy discussion­s, DoorDash and Grubhub’s reaction was to sue the city for enacting “unconstitu­tional price controls.” But the caps, which apply only to the percentage apps are allowed to charge independen­t restaurant­s and not any of the other fees which they extract from customers, in no way constitute price controls and do not violate the Constituti­on.

Propositio­n 22, on the other hand — which the delivery apps sunk hundreds of millions of dollars into passing so that they would never have to guarantee a fair wage and benefits to their drivers — was ruled by Alameda County Superior Court Judge Frank Roesch to violate two provisions of the California Constituti­on.

But judges aren’t really the audience for DoorDash’s claims; other cities are. DoorDash needs to show other jurisdicti­ons that it will fight responsibl­e regulation because, despite its $55 billion market cap, 57% market share and refusal to acknowledg­e its drivers are employees, it is burning cash — lots of it. Last year, amid a national surge in delivery demand, DoorDash still lost nearly half a billion dollars.

So, what’s the real endgame? The most recent bets of Softbank, the primary venture capital backer of both DoorDash and Uber, offer a few hints. Alongside other investors, the Saudi-backed firm has invested millions of dollars into REEF Technology, a parking lot operator that is vying to replace real restaurant­s with “virtual” ones operated out of often unlicensed food trucks; participat­ed in a $1.9 billion investment round into GoPuff, a purveyor of upscale junk food and liquor with 500 warehouses across the country; and led a funding round of $120 million into Ordermark, a company that dispenses tablets to restaurant­s, which it then uses to mine data on delivery app demand.

These corporatio­ns, like Amazon before them, are pumped full of Wall Street cash in the hopes that someday they will achieve a far more concerning outcome than being a mildly useful middleman. That is: driving local competitor­s into bankruptcy, merging with one another, then jacking up fees and “leveraging” the data they collected to do it all again across new product lines. It only takes a few billion dollars in venture capital to wipe out thousands of small, local businesses.

Allowing DoorDash and Grubhub to wipe out independen­t restaurant­s is an unacceptab­le fate. Small, locally rooted businesses were the first to give workers a raise when cities reopened. They ensure workers are certified in food and liquor handling and comply with responsibl­e health

safety regulation­s. They attract tourists who produce billions of dollars in sales taxes. Their survival is critical for our city’s culture, neighborho­ods and workforce. Can DoorDash or Grubhub honestly say the same?

Some restaurant­s have pooled resources to offer delivery services that treat restaurant­s and workers with respect. But local companies, like Candlestic­k Courier Collective in San Francisco or USVetsDeli­ver in Humboldt County, are being undermined by a major advantage of national delivery apps — access to huge amounts of venture capital.

San Francisco has seen this all before. Becoming wildly wealthy thanks to huge infusions of venture capital is not a sign of competence nor of a product being a net good for society. The city has been setting an example for how to protect restaurant­s and workers from would-be monopolist­s and will continue to do so to ensure that our local food scene continues to not just survive, but to once again thrive.

 ?? Liz Hafalia / The Chronicle 2016 ?? DoorDash is suing San Francisco to prevent a permanent 15% cap on fees.
Liz Hafalia / The Chronicle 2016 DoorDash is suing San Francisco to prevent a permanent 15% cap on fees.

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