Non-compete suit struck a chord with local chefs
Growing up in Chihuahua, Mexico, chef Dana Rodriguez was used to seeing rows of restaurants serving similar menus all next door to each other.
But the idea of a non-compete clause preventing someone from leaving one restaurant and taking a job at another one nearby doesn’t really exist, said Rodriguez, who owns Work & Class, Cantina Loca and Super Mega Bien. “Non-competes aren’t a part of our Mexican culture, and they’re not something everyone understands. Part of it can be ignorance, but we don’t have those laws in Mexico. Our culture isn’t based on that.”
Last month, the restaurant company behind My Neighbor
Felix sued Alma Fonda Fina, a recently opened, high-end Mexican restaurant owned by former Felix employees Johnny and Kasie Curiel — accusing Kasie of violating a non-compete agreement. It touched a nerve in Denver’s restaurant scene and, in particular, with Latino chefs like Rodriguez, Erasmo Casiano and Michael Diaz de Leon, who are elevating Denver’s Mexican food scene.
“This really was a David vs. Goliath case,” said Diaz de Leon, BRUTØ’S former executive chef. “You have a restaurant group that’s financially doing really well for themselves, and they have this concept that is completely different from what Alma Fonda Fina is doing.”
“My Neighbor Felix caters to Saturday morning brunch gals and guys trying to drink themselves under the table,” he continued. “I’m not here to judge or say it’s good or bad, but what Johnny and Kasie are doing, is very much a grassroots, community-driven restaurant. They’re literally putting their lives on the line to follow their dreams.”
My Neighbor Felix, a busy spot known for its holiday pop-up bars, nachos, margaritas and tacos, opened in 2020 at 1801 Central St. and now has three more locations in Boulder, Centennial and Colorado Springs. Longtime Denver nightclub operator and restaurateur Francois Safieddine, who also owns Viewhouse, a sports bar with four Colorado locations, and Wonderyard in downtown Denver, runs Felix as part of his Lotus Concepts group. Alma Fonda Fina opened in
December at 2556 15th St. just six blocks away from My Neighbor Felix’s original location. Both restaurants feature regional Mexican specialties, but while Felix focuses on brunch, lunch and holiday pop-up bars in its 200-seat space, Alma Fonda Fina just has 40 seats and is only open for dinner. Chef Johnny Curiel serves elevated Mexican cuisine, reminiscent of his childhood in Guadalajara, Mexico, and Alma Fonda Fina’s small menu ranges from $8 to $47, compared to My Neighbor Felix’s lengthy menu, ranging from $9 for chips and salsa to $58 for carne asada fajitas.
Kasie worked at My Neighbor Felix for three years, and Johnny was the former culinary director for Lotus Concepts. Kasie signed a non-compete agreement in January 2020 that stated she would not work, manage, own or operate a competitive business within a 5-mile radius of a Lotus Concepts restaurant for two years after she left, according to the lawsuit.
One of the questions raised by the lawsuit was: Does a restaurant like Alma Fonda Fina constitute a “competitive business” for My Neighbor Felix?
In the end, it didn’t matter. My Neighbor Felix dropped the lawsuit, and the two businesses released a joint statement.
“My Neighbor Felix and Alma Fonda Fina have resolved their dispute,” it read “My Neighbor Felix has generously agreed not to seek to enforce a noncompete clause that exists between the parties. As a result, Alma Fonda Fina will remain open for business.”
But it still left a bad taste in Denver’s collective mouth. A Reddit thread, for example, garnered hundreds of comments with the #Boycottfelix hashtag.
Lotus Concepts, owned by local restaurateur Francois Safieddine, told The Denver Post in a statement that the restaurant group is happy to put this behind them.
“With the resolution of our lawsuit against Alma Fonda Fina, Lotus Concepts is pleased to get back to a focus on what we do best— contributing to Denver’s culinary excellence and fostering a positive environment for culinary innovation and success,” the statement read. “Lotus Concepts is so proud to have been a launching point for many former employees’ careers in the Denver restaurant scene, and we are looking forward to continuing that legacy. While disagreements happen, we are pleased to be able to move forward from this in an amicable way that supports our employees’ futures and the success of local business.”
But for Rodriguez, who runs the kitchen at Casa Bonita in addition to her other restaurants, the suit made her think twice about signing something without an extra glance from a lawyer.
“It’s sad,” Rodriguez said. “Owning a business, you’re already worried about landlords, leases, labor, permits, insurance, etc. People don’t understand all the things you have to have on top of a business, and now, you especially have to be worried about legal things. It makes it less appealing to open more restaurants.”
The dispute has also come at a time when Denver’s high-end Mexican food scene is in the midst of a renaissance, as multiple talented chefs are stepping up to open their own concepts.
“We’re growing up a lot more,” Rodriguez said. “Many of us started working as dishwashers 20 years ago, and now, we’re at the age where everyone is doing their own thing. There are more opportunities for chefs to showcase their culture and where they come from. Mexico is huge, and people are trying to express that Mexican food is not just tacos and tequilas.”
Like Rodriguez, Lucina Eatery & Bar’s Casiano has received accolades for his restaurants. He was a 2024 James Beard semifinalist and was featured in Bon Appétit’s most anticipated restaurant list this spring for his upcoming concept, Xiquita.
“When I go to Alma Fonda Fina, I feel like the bar has been set, and it pushes me to work harder as a chef,” Casiano said. “We’re all rooting for each other. Healthy competition is OK to have. A rising tide lifts all ships, so there’s no reason to fight over anything when we can all come out ahead.”
And then there’s Diaz de Leon, who left BRUTØ in December after helping the restaurant earn a Michelin star, to pursue his own dream. He recently hosted a month-long popup at Hop Alley’s chef’s counter to showcase what to expect at his upcoming fine-dining, masa-focused restaurant.
Since Diaz de Leon stepped onto the scene in 2019, he’s seen a huge shift in the local Mexican restaurant community. “To see it five years later and how it’s thriving, how culturally appropriate it is, and all these chefs working together, really paints a beautiful picture for the future,” he said.
Diaz de Leon said he’s grateful for the friendships he’s made in the Mexican community, including Manny Barella, Colorado’s current “Top Chef” contestant who will be leading the kitchen at the upcoming Camp Pickle. Barella recently hosted a pop-up at Rodriguez’s Cantina Loca, and Diaz de Leon said, “A bunch of us are going to Manny’s wedding in the summer.”
Diaz de Leon has also grown close with Johnny Curiel, who helped him secure a mill to make masa for his Denver pop-up. “Now that this lawsuit is out of the way, Johnny is going to step his game up, and I wouldn’t be surprised if we see him on the James Beard list next year,” Diaz de Leon said.
Rather than creating a fear of big restaurant groups with “deep pockets,” Diaz de Leon wants a case like the one between My Neighbor Felix and Alma Fonda Fina to empower the local Mexican food scene.
“At the end of the day, the table is for everybody, and I think it’s important we put out the message that we don’t fear these people that are trying to come after us,” Diaz de Leon said. “We’re actually doing great things, and we shouldn’t be hiding because someone has more money or comes from a place of privilege. We also have a voice and have something to say with our contributions to the community through food and art.”