Tonight, I removed a comment on my post “Du Vin Osteria coming to 14th and Florida” because the owner of Du Vin Osteria, David Shott, sent me an email requesting me to do so, because he found the comment libelous. He also stated he would take legal action if necessary.
It is with regret that I write this post and removed the comment. I wish Mr. Shott had come to me in a more friendly manner and had not immediately written the words “legal action” to a young professional who blogs on her spare time. I was trying to promote Mr. Shott’s business. I posted the comment because it seemed to raise relevant concerns about Mr. Shott.
It is also with regret that I will state this is the last time I will be talking about Du Vin Osteria or Mr. Shott on my blog. I will not promote or patronize his business and will recommend others do the same.
This whole incident has saddened me deeply. That one business owner decided to talk “legal action” to a blogger about something that she didn’t even write, I find beyond unnecessary. I am writing this post to state the facts of the matter, my feelings about it, and no more.
U Street Girl 
March 23, 2010 at 12:18 am
Wow, that is sad. I have been surprised at how fast politicians, business owners, and others write to bloggers about seemingly harmless stories.
March 23, 2010 at 2:33 am
Google has the original post cached if anyone wishes to see it. There is nothing about it even approaching libelous.
March 23, 2010 at 3:53 am
As a business owner, I can relate to Mr. Shott’s concerns and his reasoning behind seeking any legal action against anyone who posts on their blog something that may be deemed defamatory, threatening, harassing, libelous, and unnecessarily incendiary and completely off the topic to him or his business. Perhaps all the negative naysayers should quit running these useless blogs and take a risk on opening up their own businesses then you all can congregate and come up with a business plan that’s perfect or at least one you think would be. I guess it may be too risky for you; eh? You folks should be ashamed of all your negative attitudes give this guy who is investing a lot of his hard earned cash which requires a major undertaking and financial risk to make our neighborhoods a better place to live, flourish and not to mention increase our property values on an otherwise desolate corner. No one should be envious of his entrepreneurship, ingenuity and ambition to open up a business in this economy. If anything we should welcome him with open arms. I think he has done the right thing to snip this in the bud before it gets totally out of hand. He seems like he is a very business savvy individual and I wish him the best because I certainly will be one of the first in his establishment.
March 23, 2010 at 8:40 am
I think it’s pretty obvious who posted the previous post
March 23, 2010 at 9:27 am
This is terrible behavior on Mr. Shott’s part. As an entrepreneur myself, I know the best practice is to engage and provide counterstory to any “libelous” comments on the internet.
Shame he had to be such a jackass, I might have gone to his place.
March 23, 2010 at 9:29 am
Thanks for blogging about this. I live on U Street and this knowledge will definitely affect where I take my business, as well as how I advise friends and family who visit the area.
March 23, 2010 at 9:31 am
He can count me out as a customer as well.
March 23, 2010 at 9:32 am
This is ridiculous. People have a right to their own opinions, positive or negative. If you open a business, you should be aware that people might not love it. You should actually welcome comments from the public to help improve your business.
March 23, 2010 at 9:37 am
Sounds like someone who can’t take the online world with a grain of salt. I wonder what the libelous statement was. I wish I had seen it to get the full context. I assume this guy just flew off the handle about something negative somebody said in a comment. Normally when I see something negative about a person or business online, I take it in stride. I don’t know the commenter or the individual in question. I try to make up my own mind. I like to think others do the same.
The thing he doesn’t realize is that whatever was said before that he found negative, I have to assume was true because he is acting like a jerk now. See, now I don’t even care what was said previously because I have been convinced not to go to his restaurant. That is the ultimate outcome. I hope it was worth losing business over.
March 23, 2010 at 9:44 am
This is a pretty classic situation in which a business-owner’s crude, and tactless response to a medium of conversation s/he doesn’t understand may quickly backfire and result in a far more damaging decline in business.
Unfortunately for Mr. Shott, his reputation may begin to precede him and overshadow what may be an excellent establishment.
Don’t let him, or people like him, give you pause when discussing new businesses in DC. You’re doing a fantastic job here and have a loyal audience. Keep it up.
Hopefully, Mr. Shott will realize that the proper response to a negative comment about his business is to reply politely, correct any mistakes, invite the commenter to a meal, and encourage them to post an updated comment. He could still apologize and right his wrongs. Will he step up?
March 23, 2010 at 9:46 am
U Street girl, I posted the original comment on a couple of other sites too and they removed it with no explanation. I appreciate your explanation
March 23, 2010 at 9:52 am
while its very difficult for a business owner to take in criticism, it is also very easy for the general public to be disgusted by a business owner that threatens a blogger.
i will be afraid to frequent his establishment.
March 23, 2010 at 9:53 am
Andy,
Can you please email me at tom at welovedc dot com? I’d love to know what the comment was.
Thanks,
Tom Bridge, Editor, We Love DC
March 23, 2010 at 10:05 am
As part owner of Pete’s New Haven Style Apizza up in Columbia Heights, I am also very sensitive to things people say about the restaurant in blogs, restaurant review sites and media comment sections. The internet is unrestricted in what people can say about you, whether it is true or not.
Our approach is to correct factual errors and point out when someone’s criticism seems unfair or biased for reasons other than objective quality of their experience. In these rare circumstances, we do just that: reply to the author of the comment, because the comments reflect on the author more than anything else.
We agree that the owner in question here was overreacting, and directing his overreaction at the wrong person to boot. He should take a lesson in how to handle online media from this experience.
March 23, 2010 at 10:09 am
I’ll be coming to DC next month. I will eat every meal out during my five day stay. I never eat alone and always pick the place. Guess where I won’t be eating during my vacation?
March 23, 2010 at 10:19 am
count me out, as well. no desire to frequent that place, and i’ll be sure to steer people away from it as well. mr. shott’s attitude is the last thing dc neighborhoods need
March 23, 2010 at 10:46 am
It’s bad business to alienate potential customers through threatened legal action. Don’t take comments so personally. Correct falsehoods, but leave opinion out of it. If the owner would have left the comment alone, none of us would have ever heard of it. Now we all see the reaction, and it speaks volumes about the character of the owner.
Let this be a lesson, entrepreneurs. Think like the Godfather: It’s not personal. It’s strictly business.
March 23, 2010 at 10:55 am
Section 230 of the Communications Decency Act protects bloggers in this exact case. You are NOT liable for the things your commenters say:
http://www.eff.org/issues/bloggers/legal/liability/defamation
——-
What if I republish another person’s statement? (i.e. someone comments on your posts)
Generally, anyone who repeats someone else’s statements is just as responsible for their defamatory content as the original speaker—if they knew, or had reason to know, of the defamation. Recognizing the difficulty this would pose in the online world, Congress enacted Section 230 of the Communications Decency Act, which provides a strong protection against liability for Internet “intermediaries” who provide or republish speech by others. See the Section 230 FAQ for more.
The vast weight of authority has held that Section 230 precludes liability for an intermediary’s distribution of defamation. While one California court had held that the federal law does not apply to an online distributor’s liability in a defamation case, the case, Barrett v. Rosenthal, was overturned by the California Supreme Court (EFF filed an amicus brief in this case)
—–
In this case, not only is Mr. Shott wrong, he may also be guilty of violating anti-SLAPP regulations (if DC has such a thing). Anti-SLAPP legislation prevents people from frivolous accusations of libel in order to protect freedom of speech. Since Section 230 of the Communications Decency Act obviously absolves you from responsibility, Mr. Shott could be in some trouble himself.
It wouldn’t be the worst idea to drop the EFF a line to see what they think of the situation.
http://www.eff.org/about/contact
March 23, 2010 at 11:13 am
Thanks Drew – I’ve been in touch with the Citizen’s Media Law Project.
And thank you to everyone who has supported me regarding this situation.
March 23, 2010 at 11:17 am
I think it’s very peculiar: what’s behind Mr. Shott’s decision to attempt strong arm tactics at first whiff of a perceived slight (whatever it was)? In any case, issuing threats, especially to those who help keep our community together like UStreet Girl, as a method of expressing his views is boorish and no way to establish good will from this, or any, community. I hope that becomes clear to Mr. Shott. Like others, I’ll be happy to keep frequenting other stand up area businesses, like Diane and Khalid’s Cork, 11 and U’s Vinoteca, Churchkey, or to try the Dickson, the fab-looking new wine bar at 9th and U.
March 23, 2010 at 11:24 am
If Shott has an attitude like this BEFORE he opens this new business, I can’t image what he will be like AFTER the business is opened. Especially given that a comment on a blog is such a minor issue.
What do you think his reaction will be if/when a patron drinks too much and crashes his car due to his negligence, or if there is a food violation, etc?
There appears that several more DC blogs are picking up this story, and that there will be press about this issue.
I doubt ANY customers will be visiting this location…
March 23, 2010 at 11:58 am
[…] in overnight that David Shott, the owner of yet-to-open Du Vin Osteria at 14th & Florida, had threatened two local bloggers – Prince of Petworth and U-Street Girl – with legal action unless […]
March 23, 2010 at 12:01 pm
mr. shott: if you’re reading this, please note that, short of a full apology, you will never get my business, and i will actively campaign to my wide circle of friends to avoid your establishment.
if you don’t like a comment about you on the internet, counter it with facts, kill them with kindness. people are free to express themselves in our society. if you have a problem with that, i suggest you live in a cave so no one can bother your frail sensibilities.
March 23, 2010 at 12:05 pm
David Shott is threatening to sue quite a few bloggers, Tweeters, journalists and anyone online who has an opinion. I haven’t even been to his establishment and now I certainly will avoid it. Anyway, if he threatens you just say “Bring it!” I guess he can spend all his money trying to litigate the Internets.
It’s unfortunate that he feels threatened by opinion and by the scary Internets. All restaurants are subject to critique. Trying to control critique just makes you look like an ass. He had an opportunity to engage with a community in a positive way to the benefit of his business, but his choice to threaten and be a bully about it makes it all a big FAIL on his part. Too bad, I really do like new restaurants, but I’ll count him out for being a bully.
March 23, 2010 at 12:11 pm
Count me out too.
Thanks for letting us know about these shenanigans. You won’t find me patronizing this establishment.
Oh, and Mr. Shott, how would you react if someone said something libelous (slanderous when spoken) while in your restaurant, and someone threatened to sue *you*, not the slanderer?
March 23, 2010 at 12:35 pm
You handled this really well, U Street Girl. In the past I was harassed and threatened with legal action over a similar situation, so I understand how you feel. I had to worry about it and deal with those accusations for a year before they finally went away. It’s extremely stressful to bloggers with nothing but enthusiasm being threatened with legal action for a completely baseless reason. Unfortunately, individuals with money or judicial know-how don’t need a legal reason to initiate legal action that will require your time, money, and stress to resolve. Removing the comment with a clear explanation like this one points the finger at the sort of behavior that shouldn’t be condoned while also removing the original cause of complaint.
What makes me especially sad about this is that I live across the street from the restaurant location, and now I won’t become a customer. The owner’s behavior is truly unacceptable, and that’s from someone who adores wine, cheese, and charcuterie (especially when it’s just a hop and a jump away).
March 23, 2010 at 12:39 pm
Mr. Shott has shown unbelieveably poor taste in the way he has handled comments on this and PoP’s blog. As a blogger myself, I’m particularly sensitive to libel and falsehoods appearing on my blog, either from myself or from the commentariat. But opinions are not slander, and this was handled about as poorly as it could have been handled by Mr. Shott. In a neighborhood rife with upscale food options, there is no reason to patronize an establishment whose owner shows such a lack of decency and etiquette. There are ways to approach situations like this; threatening legal action should not be one of them.
March 23, 2010 at 1:04 pm
Sounds like he has something to hide. Definitely will make a point of never visiting the place.
March 23, 2010 at 1:24 pm
Here’s the cached Google page with the original post (and no libelous text despite what one guy may think):
http://webcache.googleusercontent.com/search?q=cache:1gWc1q7XBJsJ:ustreetgirl.wordpress.com/+ustreetgirl&cd=1&hl=en&ct=clnk&gl=us
March 23, 2010 at 1:33 pm
Apologize, Shott, or you will never get my business or that of a growing list of neighbors.
* NY Times: Managing an Online Reputation: http://www.nytimes.com/2009/07/30/business/smallbusiness/30reputation.html
“Social media for business now is life or death,” said Dan Simons, a restaurateur in the Washington area who closely monitors these forums. “You could open a business and do everything right, but if you’re unaware of these social media you will perish. Social media can take a business and put a bullet in it.”
You’re not even open yet, Shott, and you’ve got one foot in the grave.
March 23, 2010 at 1:44 pm
Congrats to Mr. Schott, threatening frivolous legal action for protected speech is a great way to get me to never visit any of your establishments.
I call for an apology to U Street Girl and the DC blogging community at large for your terrible behavior.
March 23, 2010 at 1:49 pm
It sounds to me like this David Shott fellow is a thin-skinned jerk who needs to spend more time focusing on opening his business and less on acting like an Internet vigilante.
March 23, 2010 at 1:53 pm
I live in the neighborhood and will certainly not be going there when it opens. Way to s**t in your own hat, man!
March 23, 2010 at 2:22 pm
I said the same thing on DCist but I think it’s worth repeating here. Mr. Shott should read up on “The Streisand Effect”: http://en.wikipedia.org/wiki/Streisand_effect
Without question, he has done far more harm to his business by this action than had he done nothing at all. While one random negative comment on a personal blog would have been read and forgotten by a few people, this action has generated a great deal of negative attention which will be noticed by hundreds if not thousands — and likely be repeated on dozens of blogs.
I’m surprised that any savvy business owner would even consider dirtying his hands over something so petty. There is really no conceivable net positive to this for his business.
The appropriate thing for him to do would be to apologize and drop the whole matter. You get a lot more flies with honey than with vinegar.
March 23, 2010 at 2:26 pm
“It sounds to me like this David Shott fellow is a thin-skinned jerk”
Libel! Libel! Mr. Shott can prove that this is both untrue and damaging. Prepare your legal defenses, Matt. You have just ****ed with the wrong thin-skinned jerk.
March 23, 2010 at 2:39 pm
“You’re not even open yet, Shott, and you’ve got one foot in the grave.”
Exactly what I was thinking. Shott’s place has very little chance of succeeding after all of this negative publicity.
March 23, 2010 at 3:22 pm
Rename it to Whine Bar! When people inevitably google “Du Vin Osteria” they’ll end up at this (or DCist’s) post first.
Besides, why go anywhere else near U besides ChurchKey for libations? We are home of the best beer restaurant in the nation right now.
March 23, 2010 at 3:37 pm
On the plus side, I was unfamiliar with U Street Girl until DCist picked up the story. Now I found a new blog to read. Yay!
March 23, 2010 at 3:42 pm
Welcome Jude. You’ve found a great neighborhood blog! Keep up the great work, U Street Girl!
March 23, 2010 at 3:48 pm
Can we ask the ANC1b to protest his liquor license application?
March 23, 2010 at 3:51 pm
I will also refrain from ever visiting this bully’s establishment and will encourage my wine drinking friend’s to do the same.
March 23, 2010 at 4:05 pm
Considering what he felt about the one comment before – I wonder what he feels about a whole thread trashing him and his business.
Idiot.
Retailers take note, do not trash someone who might get the word out ESPECIALLY before you are even open. News business are hard enough without deliberately alienating your potential customer base. At this point I don’t know that apologizing will help. The people who are pissed will tell their 10 friends who will tell 10 friends. Do you remember the shampoo commercial.
And like a few previous posters I have a new DC related blog to read so thanks Mr. Shott.
March 23, 2010 at 4:12 pm
Don’t just whine about it, vote with your wallet. It’s not like there’s a shortage of wine bars in the area.
1) room 11
2) vinotecca
3) vappiano
etc.
March 23, 2010 at 4:40 pm
I really can’t believe that guy. You were simply trying to promote his place…you can’t help what others say. Really disappointing. I was excited about the place because I live across the street in Union Row. The good thing is that you’ve received so much supportive feedback that this will not likely happen again.
March 23, 2010 at 6:08 pm
couldn’t agree more with @homeimprovementninja.
vote with your wallet. those first few months of cash flow are critical to any new business/restaurant.
March 23, 2010 at 9:22 pm
Loved this whole story, reposting on Facebook.
Sorry Shott, will never set foot in any of your establishments, but thanks for the entertainment!
March 23, 2010 at 10:30 pm
I’m another one who hadn’t stumbled onto your blog yet. Moved to the U St. district (and to DC in general) last fall. I guess I should thank Shott for causing a kerfuffle that brought another cool local blog to my attention?
So far, I check here, DCist, PoP, and Borderstan. Anyone have other good local recommendations?
March 23, 2010 at 10:39 pm
I live but a two minute walk from this establishment. Everyone in my building, a 100 unit building, have been hopeful a wine bar would come to this location! I read the original post and was so excited. I could not be more disappointed with the way this new business owner handled this situation. I will walk the extra distance to Cork, Birch and Barley, Vinoteca, instead of visiting this new business unless Mr. Shott handles the situation which should be with an apology, and explanation on why he refused to address the comment left. Viral marketing will make or break a business and it far more powerful than any amount of $$ you spend on marketing your business. So Mr. Shott, what say you? You have quite an audience.
March 23, 2010 at 10:59 pm
Count me in as someone who spends helluva of many dollar at U St establishments as not spending one nickel nor recommending Du Vin Osteri to my friends. This also needs to be added to his yelp listing as well…
March 24, 2010 at 5:03 am
[…] a good example of how not to win over the public as you prepare to open a new business. The blog is U Street Girl and the business is Du Vin Osteria. As U Street Girl explains: Tonight, I removed a comment on my […]
March 24, 2010 at 8:22 am
Count me in as another one who will not be patronizing this business.
March 24, 2010 at 8:53 am
I’ll join you in not promoting this business. Of course I understand being threathened. Once, because of the way Google couched a post in a search I had a angry large man confront me at a civic association meeting because of something I wrote about a previous meeting. My reaction was to throw meeting notes to a password protected site. Large angry men threatening legal action against you with an angry voice, even though you’re legally correct, is frightening
March 24, 2010 at 9:31 am
I’m sorry that happened — business owners should know better than to attack their own publicity. I won’t be writing about his business on my food blog anytime soon…
March 24, 2010 at 12:16 pm
http://borderstan.com/2010/03/24/stuff-you-might-have-missed-but-shouldnt-have-5/
March 24, 2010 at 5:41 pm
Just saw this from Mary Kat Ham’s twitter! I think it’s going to be hard for Shott to get going now! 😉
March 24, 2010 at 9:54 pm
I’m not so much a wino, as I am a full blown alcoholic with expensive tastes. Your loss Shotty-boy!
March 25, 2010 at 10:18 am
wow. just wow. Well count me as someone who will definitely not go to this place, no matter how awesome it is. I don’t support a-holes, no matter how awesome their product is.
March 25, 2010 at 12:43 pm
Another heavy wine drinker here who will not set foot in this place.
March 25, 2010 at 4:29 pm
Yeah he really blew this. I rarely read comments on this blog so I doubt I wold have read what ever the commentator said. However, I certainly read this story and all 58 + comments.
Sad. But there are other choices for wine in the area and I won’t be seen drunk or sober at his shop.
March 25, 2010 at 5:33 pm
Don’t forget to join his fan page on Facebook! Show the love!
http://www.facebook.com/pages/Washington-DC/Du-Vin-Osteria/389427187432?v=wall#!/pages/Washington-DC/Du-Vin-Osteria/389427187432?v=wall
March 25, 2010 at 8:50 pm
I think this David guy is the same fellow that cursed at my priest at St Luke’s at 15th and P Streets because he was asked to move his car from the church’s privately owned lot. From the looks of things his manner is consistent. Can’t say I’d patronize his business either.
March 25, 2010 at 10:13 pm
This Shott guy is pretty stupid. I never even read this blog before, and can’t find the original comment in anywhere. So now, all I have to go on is the half-dozen blogs filled with hundreds of comments saying he’s a pain to deal with, possibly dangerous to write about since lawsuits are to him what crime and coke are to Marion Barry, and probably isn’t going to run that great of a place anyway.
Why didn’t he just write a rebuttal comment? Who knows, maybe people would have written subsequent comments defending him. But now, his name and the name of his place are permanently linked to his PR disaster.
Even if he abandons this place (when it fails) and tries to start anything, every future article about him on any blog or any newspaper in the city will likely read: “David Shott, who’s Du Vin Osteria on Florida Ave tanked after negative press in local blogs following his threats against bloggers, has opened/stated/plans/ etc….” I’d be surprised if his investors don’t pull out over this…
I know I’ll never go to anything his name is associated with after his completely unreasonable response. And, of course, I tweeted the link to this whole mess to all 1,127 followers on my account 🙂
March 26, 2010 at 12:56 am
I’ll join the boycott & see about sharing the story with some of the theatre groups in the area, even though the rest of the blogosphere seems to be making good work of spreading word. Cheers!
March 26, 2010 at 7:36 am
[…] new wine bar opening up on 14th street sparks a blog war with U Street Girl. The blogger removed a comment from her initial post about the restaurant’s opening date after the restaurant owner […]
March 26, 2010 at 9:30 am
[…] be nice in the comments section. Sensitive 14th St. wine bar owner threatens to sue U Street Girl for blog […]
March 26, 2010 at 2:07 pm
It’s David Shott. Hardly a threat – legally or intellectually.
March 26, 2010 at 4:14 pm
Thanks for letting us know where NOT to spend our money.
March 29, 2010 at 10:15 am
Oh good, another wine bar is coming. Is this why I risked my life and life savings 25 years ago buying into this neighborhood?
Whatever… Besides being overrun with suburban visitors and tourists (which I don’t mind save for the lack of parking), we have to deal with lawyered up business thugs. (See: JBG’s 13 & U hotel proposal).
Semper Fi and Semper 47 US Code 230.
March 30, 2010 at 5:56 am
Mr. Shott, Since you are reading this…Know that you just lost my business as well. Legal intimidation of a local bloggger? Tsk tsk. BTW: I dined and dashed from one of your other establishments after I saw you mistreat an employee. Maybe it’s worth doing at your new place?
April 1, 2010 at 10:15 am
Look what’s on the agenda for this evening’s ANC 1B meeting (http://www.anc1b.org/nextmeet.html)
7:45 PM Liquor Licenses and ABC Committee Report
DuVin Osteria, 1401 Florida Avenue N.W., Retail Class
C Tavern License Application – Nadeau 5 minutes
New tavern. Small plates. Occupancy load 199; sidewalk seating for 28; hours of operation Sun. 10 am-2 am; Mon-Thurs 8 am-10 pm; Fri-Sat. 8 am-3 am; hours of alcoholic beverage sale/consumption Sun. 10 am-2 am; Mon-Thurs. 8 am-10 pm; /Fri-Sat 8 am-3 am;
sidewalk café hours of operation: Sun-Sat. 10 am-12 am; sidewalk café hours of alcoholic beverage sale/consumption Sun-Sat. 10 am-12 am
April 2, 2010 at 11:12 am
[…] Removal Post from U Street Girl […]
April 25, 2010 at 9:08 am
Whew I think I’m going to go ahead and call “lame” on Shott. Due to his pettiness he’s gone and shot himself in the foot with plenty of the locals now. And you know, if he really was upright, he’d issue a follow up comment. But no, just another coward hiding behind the words “legal action”. Sad, sad.
September 23, 2010 at 10:52 am
It’s horrible the way you have been treated, after all you were trying to help Mr Shott with publicity, I hope he apologise soon.
December 8, 2010 at 8:03 am
[…] lot has happened on the blog in the past year. Remember when I was threatened with a lawsuit? That was fun. Beyond the scary parts: it actually was pretty wonderful. You guys really backed me […]