Court orders couple to return Facebook page to Rogers restaurant

BENTONVILLE — A Northwest Arkansas circuit judge ruled Rogers Catfish House is the owner of its Facebook page.

Judge John Scott on Thursday morning ordered Jason Flynn and Amanda Flynn of Bella Vista, former employees at the restaurant, to turn over the Facebook page to the restaurant’s owner.

Jason Flynn left the business in May and his wife was later fired in June, according to Rogers attorney Jennifer Gray.

Testimony showed the Facebook page is owned by the restaurant and the Flynns were administrators for the page, Scott said.

Gray filed the lawsuit on behalf of the restaurant against the Flynns last month. The restaurant is at 2102½ Eighth St.

Sam Hawkins, the restaurant owner, said the Flynns became administrators of the page after the general manager left the business.

Facebook is one of the main ways he advertises and communicates with customers, Hawkins said. Hawkins said he made several attempts to get the page from the Flynns.

Hawkins said one of the Flynns made remarks on the Facebook page that were driving away customers. Hawkins specifically said someone replied, “You just a punk,” to a customer’s remark on the page.

“It drives people away if you answer your Facebook like that,” Hawkins said.

All the pictures and advertisements also had been removed from the page, Hawkins.

Hawkins denied stealing or knowing who took tools the Flynns claim were stolen from them.

The Flynns made the allegations about the stolen tools during their opening statements. The Flynns acted as their own attorney at the hearings. They claimed Hawkins agreed to return the tools and they would turn over the Facebook page. Hawkins denied he ever made such an agreement.

“We just want our Facebook page back and to be administrators,” Hawkins said in response to a question from his attorney. “That’s all we are asking for.”

Hawkins denied taking any tools when questioned by each of the Flynns.

David Edgar, the former general manager, said he created the Facebook page and used it for advertising. The restaurant opened in January. Edgar said he turned the page over to the Flynns after working there for a short time.

Edgar said the page belongs to the restaurant. He never thought it belonged to him as a individual.

The Flynns didn’t call any witnesses and neither testified at the hearing.

“They are essentially holding the Facebook page hostage to get these tools that they allege my client stole,” Gray said in her closing statements.

Jason Flynn, in his closing statements, said he was supposed to be a partner in the business and felt like an owner when the page was turned over to him.

Scott ruled against the couple and ordered them to turn over the page to Hawkins.

Scott warned the couple they could be taken into custody if they failed to follow the court’s order. Scott also told the couple if they raised the issue of the missing tools he then would have a hearing on the issue.