The New York City Consumer Affairs Commissioner is quoted as saying Mr. Fishbein has a shot at winning the suit because restaurants are allowed to add a service charge for parties larger than six if the customer is told in advance--but the surcharge is limited to 15 percent.
Restaurants can add an automatic 15% surcharge for large parties
There is a word for organizations that obey a charismatic leader, uphold fantastic founding myths, and assemble a body of secretive lore, but Szwed can't bring himself to call the Arkestra a cult.