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The Fight to Control Big Gay Ice Cream, Which Made the Rainbow Its Brand

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The Fight to Control Big Gay Ice Cream, Which Made the Rainbow Its Brand

It was all rainbows and unicorns for a while. But like many fun ideas, Big Gay Ice Cream has wound up in debt and in court.

After a rollicking rise that leveraged queer identity as a brand strategy, opened seven shops in the Northeast and landed its products in supermarkets nationwide, the New York City-based soft-serve chain is down to just one location. On Friday, a founder and partner, Doug Quint, filed a lawsuit in New York State Supreme Court accusing another partner, Jon Chapski, of mismanaging the company and fraudulently collecting government loans during the pandemic.

On Tuesday afternoon, through a spokesperson, Mr. Chapski said only that he was reviewing the lawsuit with his lawyer and would respond “when appropriate.”

In 2009, when the Big Gay Ice Cream Truck first rolled into the annual Brooklyn Pride parade, it caught a wave of pop culture that included hits like “RuPaul’s Drag Race,” Lady Gaga’s “Born This Way” and “Orange Is the New Black,” and marked a national shift that culminated in the legalization of marriage for same-sex couples across the country in 2015.

The company’s first shops exploded in Greenwich Village in a burst of rainbow sprinkles. Locals and tourists alike thrilled to the cheeky branding (Barbie dolls, glitter, “Golden Girls” references) and made pilgrimages for Bea Arthur swirls and Monday Sundaes.

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Mr. Quint and Bryan Petroff, the avuncular (and gay) founders, went on to draw a mainstream following that helped make “don’t ask, don’t tell” a thing of the past (in food marketing, at least). In 2017, Nestlé began distributing the company’s hard-pack ice cream in supermarkets nationwide; People magazine covered the introduction of three new flavors in 2019.

“I thought Big Gay was my life’s work, the thing I was meant to do,” said Mr. Quint, who gave up his decades-long career as a classical musician in 2011, when the business had two profitable stores and he had secured a six-figure deal to write the cookbook “Big Gay Ice Cream: Saucy Stories and Frozen Treats.”

During the pandemic, though, the good vibes evaporated. Today, after multiple missteps, unpaid debts and evictions, the company’s future is murky. Mr. Quint is working in a Walgreens pharmacy in Pittsfield, Maine, where he grew up. Mr. Petroff works in human resources for a New York restaurant chain.

Both men say they hope to pull the company back from the brink and continue without Mr. Chapski, whom they hired as a financial adviser in 2011 and made a partner in 2016. The founders continued to develop new products and marketing efforts, but Mr. Chapski effectively ran the business.

Mr. Quint is seeking at least $4 million, claiming damages arising from breach of contract, fiduciary irresponsibility and “willful misconduct” by Mr. Chapski. (Mr. Petroff, who like Mr. Quint still retains a 35 percent ownership stake, has declined to be a party to the suit, citing the expense of legal representation, but said Mr. Quint had his “full support.”)

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In his lawsuit, Mr. Quint accuses Mr. Chapski of failing to pay landlords, vendors and the I.R.S.; concealing legal proceedings and business moves from him and Mr. Petroff; and collecting government loans during the pandemic while the stores remained closed and employees went unpaid. Public records show that the four New York City stores — each of which is a separate limited-liability corporation — received loans totaling more than $500,000.

Mr. Quint said in an interview that Mr. Chapski has maintained his lifestyle even as the company has descended into debt. Mr. Chapski and his wife, Agnes, a former publisher of In Style and Allure magazines, own a 2,000-square-foot loft in TriBeCa and a beach house in Montauk, N.Y. (The beach property went into foreclosure on Aug. 14, according to documents filed in Suffolk County Supreme Court.)

The one remaining ice cream store, on the Upper West Side of Manhattan, is operated by Jeremy Wladis, a longtime neighborhood restaurateur. On Friday, Mr. Wladis said he had been granted permission to use the Big Gay brand and recipes by Mr. Chapski, who repeatedly assured him that the founders were no longer involved.

Mr. Wladis told The Times that he felt uneasy about the arrangement and tried many times to contact them directly, but never got a reply. Mr. Quint and Mr. Petroff say that was because Mr. Chapski had secretly blocked their access to company email and social-media feeds.

The company began as a summer-job lark when Mr. Quint and Mr. Petroff outfitted an old van, created a menu of bedazzled soft-serve treats and sailed it to Prospect Park as the Big Gay Ice Cream Truck.

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Zac Young, now a Food Network star and then the pastry chef at Butter in NoLIta, said he felt equal parts shock, fear and pride when the truck rolled out: “I thought, you can’t do that, you can’t say that!”

Restaurant kitchens were rife with homophobic abuse, he said, and even the traditional “pink ghetto” of pastry operations was usually run by straight white men (though women and gay men often carried out the pastry chef’s vision).

The company’s rapid rise “proved to me that you could be queer and open in the food space, and still be safe and loved,” Mr. Young said.

Not everyone was a fan. Some L.G.B.T.Q. people balked at the upbeat marketing of a community still enduring hate. Bill Yosses, the pastry chef at Blue Hill at Stone Barns, said, “It trivializes the real struggles that gay people have endured.”

Christina Tosi, the pastry chef and founder of the Milk Bar dessert shops, had just started working at the New York restaurant Momofuku when Big Gay first rolled out. “They had a commitment to flavor and creativity and humor that carved out space for us all,” she said.

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She went on to build an empire on innovative tastes like cereal milk-flavored soft-serve. “People’s willingness to cannonball and take a chance comes from them,” she said.

The Big Gay Ice Cream stores in the East Village and West Village flourished. The truck toured the South, drawing crowds in Atlanta and Charleston, S.C. A Philadelphia shop followed, along with local high-profile New York locations like the South Street Seaport and Madison Square Garden.

As the business expanded, the two founders relied on Mr. Chapski’s consulting company, Edible Assets, for bookkeeping and financial management.

In the 2016 partnership agreement, Mr. Quint and Mr. Petroff each retained a 35 percent share in the company, with the remaining 30 percent held by Edible Assets. That same year, they signed an amendment that gave Mr. Chapski “final authority and unilateral decision-making power over all financial matters,” while granting the same power to Mr. Quint and Mr. Petroff for the “creative direction” of the company.

“We were so naïve,” Mr. Quint said ruefully, acknowledging that he and Mr. Petroff willingly entrusted Mr. Chapski with both their corporate finances and personal livelihoods.

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But once Mr. Chapski was made a partner in Big Gay, according to the founders and three former employees, he pushed for growth that the company’s income and infrastructure could not sustain.

“He was always talking about being the next Starbucks,” said Gary Hernandez, a longtime manager who resigned in 2019.

Big Gay’s trajectory is not unusual in the food world. After a rapid rise in popularity and collaborations with Disney and Marvel, the Brooklyn ice cream darling Ample Hills was bought by a venture capital firm and forced into bankruptcy.

Mr. Hernandez said that Mr. Quint and Mr. Petroff were not involved in Big Gay’s day-to-day operations or financial matters, and that after the company began expanding, chaos, conflict and angry calls from vendors and landlords became common. “That’s when stuff started going haywire,” he said.

Even so, by 2017, the brand was strong enough to earn a coveted place in supermarket freezers, with pints sold nationally at stores like Safeway, Wawa and CVS.

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Mr. Quint was walking his dog when his sister first sent a photograph of the pints at the market in his rural hometown. He packed the car and drove straight to Maine. “I had to see it with my own eyes,” he said. Then, he said, he went to the dumpster out back and cried for the miserable gay teenager who had fled to New York to study music in 1989.

“I ran from this place when I was 17,” he said. “I could never have imagined ending up back here.”

But in 2020, with the stores closed indefinitely under lockdown, Mr. Quint says he was forced to move out of New York, taking a minimum-wage job at a CVS. In 2021, the flagship store in the East Village closed; soon after, the company was evicted from its shops in the West Village and Philadelphia. (For the West Village store alone, the back rent owed was nearly $400,000, according to court documents.)

Without his knowledge, he said, federal loan money was flowing in while judgments and summonses were piling up on the doorstep of his unoccupied apartment. “What we didn’t realize is that creative control is meaningless, if the money is all up to someone else.”

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New York

Companies could pass on the cost of congestion pricing tolls to consumers.

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Companies could pass on the cost of congestion pricing tolls to consumers.

Congestion pricing arrived in New York City exactly one second after midnight on Sunday.

And despite the freezing temperatures, a crowd of about 100 people gathered at the corner of Lexington Avenue and 60th Street in Manhattan to mark the occasion.

It was mainly supporters who showed up to clap and chant, “Pay that toll! Pay that toll!” But one opponent tried to drown them out by banging a cowbell. And the exchanges grew a bit testy at times across the congestion pricing divide.

The tolling program, the first of its kind in the nation, finally became reality on New York streets after decades of battles over efforts to unclog some of the most traffic-saturated streets in the world. In the weeks leading up to its start, the program survived multiple legal challenges seeking to derail it at the last minute, including from the State of New Jersey.

It will most likely be some time, however, before it becomes clear whether congestion pricing works, or whether it can withstand continuing attempts to overturn it by a broad array of opponents, including President-elect Donald J. Trump, who takes office later this month.

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Noel Hidalgo, 45, who lives in Brooklyn, was among the first drivers to pay the toll. As he drove his Mini Cooper across the threshold, toll supporters cheered and clapped from the curb.

Another driver posted a photo on social media of a silver car with metal cans dangling from the rear bumper. “Just tolled” was written on the rear windshield.

Most passenger cars are now being charged $9 once a day at detection points set up along the borders of the new tolling zone, from 60th Street to the southern tip of Manhattan.

Congestion pricing scanners above First Avenue at East 60th Street in Midtown Manhattan on Sunday morning. Drivers will be tolled via E-ZPass or license plate readers.Credit…Karsten Moran for The New York Times

Shortly after noon, about 12 hours after tolling began, transportation leaders declared that the plan had rolled out without a hitch, but cautioned that the tolling system was complicated and that it was too soon to know how it was faring.

“We will start to know specific numbers and have some comparatives within a few days, and we’re going to share that information publicly,” said Janno Lieber, the chief executive of the Metropolitan Transportation Authority, the state agency overseeing the program.

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So far, the M.T.A. does not intend to make any adjustments to the program, Mr. Lieber said.

Traffic data for the congestion zone was mixed on Day 1. The average travel speed initially inched upward 3 percent to 15.1 miles per hour at 8 a.m. Sunday, compared with 14.6 m.p.h. at the same time on the first Sunday in January last year, according to INRIX, a transportation analytics firm. But by noon, the travel speed had fallen to 13 m.p.h., slightly slower than in 2024.

The congestion pricing zone extends from 60th Street to the southern tip of Manhattan.Credit…Karsten Moran for The New York Times

Still, the real test for the tolling program will come during the workweek. The M.T.A. said it had chosen to introduce the program on a Sunday to be able to work out any kinks while traffic was sparse. Light snow was forecast for the region on Monday, which could affect commuter data if fewer people choose to drive.

On a typical weekday, at least half a million vehicles enter the congestion pricing zone, a metric that officials will be tracking “very, very closely,” Mr. Lieber said.

Manoj Bhandari’s car will no longer be among them. Though he normally drives into his Midtown office at least twice a week from New Jersey, he said he would now only take the train. “It’s expensive for me and it’s expensive for everybody,” said Mr. Bhandari, 54, who was parked outside the Lincoln Tunnel on Sunday. “We won’t be using our car anymore.”

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Transportation officials have projected that congestion pricing will reduce the number of vehicles entering the congestion zone by at least 13 percent.

Other drivers seemed to accept that there was no way around the new tolls. Oscar Velasquez, 54, a carpenter who lives on Long Island, said he was going to have to pay more now to haul his tools to jobs around the city. “One of these days, they’re going to charge you for walking,” Mr. Velasquez said as he idled on West 66th Street in his Chevy pickup truck.

The tolls are expected to help generate $15 billion to pay for crucial repairs and improvements to New York’s aging subway system, buses and two commuter rail lines. The work includes modernizing subway signals, making stations more accessible for riders with disabilities and expanding the city’s electric bus fleet.

Those upgrades could improve the commute for Emily Rose Prats, 36, of Brooklyn, who supports congestion pricing. She has spinal degradation and standing for long periods can cause her great discomfort, so she has avoided the subway and the bus, which can be unreliable.

“The improvements from congestion pricing are supposed to be an upgrade to the signals, which will mean faster trains, shorter headways, shorter commutes, less wait times,” Ms. Prats said. “All of that is something that will help me be able to take advantage of a public amenity that we pay for.”

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Congestion pricing is being introduced in New York at a time when traffic has surged on city streets since nearly disappearing five years ago in 2020 at the height of the coronavirus pandemic. New York was named the world’s most congested city, beating out London, Paris and Mexico City, in a 2023 traffic scorecard compiled by INRIX.

Though congestion policy has successfully reduced traffic in other global cities, including London, Stockholm and Singapore, it has never gotten far in this country. Besides New York, a handful of other cities, like Washington and San Francisco, have explored the concept.

The program has been unpopular in the polls, and some transit experts noted that neither Mayor Eric Adams nor Gov. Kathy Hochul had commented on the start of congestion pricing by Sunday afternoon even though it will have a major impact on the city and state.

Mr. Adams has supported the plan while expressing reservations about it, and is running for re-election this year. Ms. Hochul paused the program in June over concerns that it would hurt the city’s recovery and brought it back in November with a 40 percent reduction in the tolls, down to $9 from $15.

The tolls will increase to $12 by 2028, and to $15 by 2031. The new plan is set to generate about $500 million per year during its first three years, and then $700 million when fees first go up, then close to $1 billion when the original toll is restored. The money will be used to secure $15 billion through bond financing, which would be paid back with tolling revenue.

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Revenue from the tolling plan will be used to finance crucial improvements and upgrades to New York City’s aging public transit system.Credit…Dave Sanders for The New York Times

Mr. Lieber of the M.T.A. said that officials did not expect New Yorkers to change their behavior overnight.

“Everybody’s going to have to adjust to this as more and more people become aware of it and start to factor it into their planning,” he said.

At a coffee shop near Lincoln Center, Terry Kotnour, a retired consultant, praised congestion pricing. “That’s the cost of living here,” said Mr. Kotnour, 82, who gave up his car long ago. “We have fairly good mass transit, so use it instead.”

Another supporter, Kevin Chau, 27, a software engineer from Queens who rides Citi Bike, said that he hoped Manhattan would become safer for cyclists. “Less cars on the road means it’s less dangerous for sure,” he said.

But many critics, including suburban commuters, said the program will do little to reduce traffic while punishing drivers who live outside Manhattan.

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On the same day that congestion pricing began, the Port Authority of New York and New Jersey also began to charge drivers higher fees to travel between New Jersey and New York on bridges and tunnels, which it controls. (The rate is now $16.06 for passenger vehicles during peak hours, up by 68 cents from the previous fee.)

Empty lanes at the New Jersey entrance of the Holland Tunnel. New Jersey residents have been among the loudest critics of congestion pricing.Credit…Bryan Anselm for The New York Times

Roselyn Cano, 21, just bought a car last week to commute from the Bronx to her job at an exercise studio on East 59th Street in Manhattan because she did not feel safe taking the subway. “And then a couple of days later we get hit with the congestion toll,” said Ms. Cano, who sat at a reception desk at the studio tallying up the costs of the new toll along with her car payment, auto insurance, parking and the toll she already pays crossing from the Bronx into Manhattan.

Some New Yorkers were already devising workarounds to avoid paying the new tolls.

Cynthia Jones, who lives on the Upper West Side, was taking an exercise class at the studio. Her husband had dropped her off at 61st Street, one block north of the tolling zone. “I walked the rest of the way here,” she said.

Reporting was contributed by Wesley Parnell, Bernard Mokam, Nate Schweber, Olivia Bensimon, Anusha Bayya, Camille Baker, Sean Piccoli and Emma Fitzsimmons.

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Tom Johnson, Minimalist Composer and Village Voice Critic, Dies at 85

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Tom Johnson, Minimalist Composer and Village Voice Critic, Dies at 85

Tom Johnson, a composer and critic whose Village Voice columns documented the renaissance of avant-garde music in downtown New York during the 1970s, and whose own compositions embraced minimalism and mathematical clarity, died on Tuesday at his home in Paris. He was 85.

His wife and only immediate survivor, the performance artist Esther Ferrer, said the cause was a stroke following long-term emphysema.

Mr. Johnson was a young New York composer in need of income in 1971 when he noticed that the exciting performances he heard downtown were not being covered by local news outlets. He offered to write about the contemporary music scene for The Voice, and he soon began a weekly column.

It was an opportune moment: Art galleries, lofts and venues like the Kitchen were presenting concerts by young experimenters like Steve Reich and Meredith Monk, and Mr. Johnson became the emerging scene’s chief chronicler.

“No one realized at the time that one of the most significant genres of serious music of the century was developing, a genre that was to become known as American minimalism, and which would find imitators all over the world,” he wrote in 1983, in his final Voice column.

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He charted the rise of musical minimalism, including the transformation of the local composer Phil Glass to an international phenomenon, but he also documented radical work by lesser-known figures: Yoshi Wada, who sang through massive plumbing pipes; Jim Burton, who amplified bicycle wheels; and Eliane Radigue, who created uncanny drones on a synthesizer.

“I learned some interesting things about gongs on May 30 at a Centre Street loft concert,” Mr. Johnson wrote of a 1973 show by the young composer Rhys Chatham. “That gongs have many different pitches, most of which don’t make much sense in terms of the overtone series; that different tones stand out, depending on how the gong is struck; that when a gong makes a crescendo, a wonderful whoosh of high sound streams into the room; that loud gongs vibrate the floor in a special way and put an odd charge in the air; that listening to gongs, played alone for over an hour, is an extraordinary experience.”

By describing such outré happenings in matter-of-fact, observational prose, Mr. Johnson provided a national readership with access to performances that might be attended by only a dozen listeners, and possibly never heard again. He saw himself as a participant within the scene, and he provided such generous coverage that he became known among composers as “Saint Tom.” His writings, collected in the 1989 book “The Voice of New Music,” offer a uniquely intimate portrait of a galvanizing musical era; for one memorable column, Mr. Johnson sang in the chorus for a rehearsal of Mr. Glass’s landmark opera “Einstein on the Beach.”

But Mr. Johnson was also unafraid to critique concerts that he thought didn’t work conceptually, or note when he fell asleep. Some columns took formal risks. He once devoted a thousand words to reviewing “one of the most impressive performances I ever heard”: the warbling of a mockingbird on Long Island.

He was among the first writers to begin using the term “minimal” to describe much of the repetitive music he heard, and he applied the word to his own compositions, such as the hypnotic 1971 work “An Hour for Piano.” “I have always been very proud of it, because that’s the only word that really describes what I’m doing,” he said in a 2014 interview. “I always worked with reduced materials and tried to do simple music.”

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In Mr. Johnson’s dryly postmodern “Four Note Opera,” a quartet sings arias about arias — on only the notes A, B, D and E. The first performance, in 1972, had an audience of about 10 people; the opera has since received more than 100 productions. For “Nine Bells” (1979), he walked among a grid of suspended burglar alarm bells for nearly an hour, chiming them in predetermined sequences, a feat of geometric precision and physical exertion.

In the 1980s, he immersed himself in Euclid’s number theories and Mandelbrot’s fractals, eager to find new musical structures. His compositions of this period include “Rational Melodies,” a series of entrancing miniatures built from simple, symmetrical patterns, and “The Chord Catalog,” a methodical two-hour presentation of the 8,178 chords that can be found in a single octave.

Though undergirded by his mathematical exercises, Mr. Johnson’s music is visceral and intelligible — and, often, deliberately predictable — rather than abstruse. “There is something particularly satisfying about projects where the logic (the music) seems to arise naturally from some discovery outside of myself, and where everything comes together with a minimum of tampering (of composing),” he once wrote.

Thomas Floyd Johnson was born on Nov. 18, 1939, in Greeley, Colo., a small farming community. His parents, Harold Francis Johnson and Irene (Barber) Johnson, were teachers.

When he was about 7, Tom began playing the piano intermittently, and he found his passion for music at age 13 under the tutelage of a local piano teacher, Rita Hutcherson, who also encouraged his composing.

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Though many of his peers attended nearby universities, Ms. Hutcherson urged Mr. Johnson to apply to Yale, where he received a bachelor’s degree in arts in 1961 and a master’s in music in 1967. As an undergraduate, he took a seminar with the prestigious composer Elliott Carter and dabbled in 12-tone composition, the lingua franca of the musical academy, but he found himself embracing repetition and stasis instead of cerebral complexity. He moved to New York in 1967 to study privately with the experimental composer Morton Feldman, who helped him find his artistic voice.

After documenting the New York scene for The Voice but struggling to have his own work performed, Mr. Johnson decamped to Paris in 1983, where fresh opportunities awaited, as European audiences were newly drawn to the American avant-garde. There he remained a prolific writer, theorizing about his own music in several books. He had been publishing his own scores since the 1970s, and he maintained an active web presence with a video series elucidating his music.

His major works have included the satirical “Riemannoper,” based on excerpts from a famed German music lexicon, which has received more than 30 productions; and a more serious oratorio drawing on the writings of the German dissident Dietrich Bonhoeffer. But much of Mr. Johnson’s output remained resolutely abstract, including an orchestral work that lays out a sequence of 360 chords and a series of recent pieces that systematically explore various rhythmic combinations.

Mr. Johnson’s marriage to the choreographer Kathy Duncan ended in divorce. He married Ms. Ferrer in 1986.

One of Mr. Johnson’s compositions has become canonic in the double-bass community: “Failing” (1975), a fiendishly difficult and hilarious exercise in which a soloist is instructed to bow tricky passages while reading a lengthy text aloud that self-reflexively comments on the music. “These pieces all had to do with making music as real life,” Mr. Johnson said of the work in a 2020 interview. “I wanted the performer to confront an unknown situation and deal with it as well as possible in a one-time-only context.”

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Here is what to know about congestion pricing.

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Here is what to know about congestion pricing.
Congestion pricing was first proposed in the 1950s to manage crowded roads and subways.Credit…Karsten Moran for The New York Times

Congestion pricing has spread around the world to cities including London, Stockholm, and Singapore. But the idea was born in New York City in the 1950s.

William Vickrey, an economics professor at Columbia University who won the Nobel Prize in 1996, has been called the “father of congestion pricing.” He proposed the use of economic incentives to better manage crowded roads — as well as the packed subway system.

As early as 1952, Mr. Vickrey recommended charging higher fares on the New York City subway for the most crowded times and sections. “Just like hotels charge more during Christmas, and planes charge more for longer flights, he said the subways ought to do that,” said Samuel I. Schwartz, a former city traffic commissioner and a longtime proponent of congestion pricing.

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But congestion pricing for the subway did not catch on. City leaders “considered it risky, and the technology was not ready,” according to a 1997 report in the Columbia University Record.

Mr. Vickrey later turned his attention to the city’s perpetual gridlock. He called for varying road tolls to reduce congestion during peak times and keep traffic flowing.

In the late 1970s, Mr. Vickrey used to show up at public meetings and push for congestion pricing, said Mr. Schwartz, who was an assistant city traffic commissioner back then. “He pestered me,” Mr. Schwartz said. “He kept saying a lot of our approach to traffic congestion wouldn’t work — and that we had to use pricing.”

Though Mr. Vickrey died in 1996, his idea has lived on. Mr. Schwartz and many others — including business, civic, and transportation and environmental advocates — have fought for decades to bring congestion pricing to New York’s streets.

In 2007, Mayor Michael R. Bloomberg proposed a congestion-pricing plan as part of his efforts to improve the environment. But the plan faltered the next year in Albany amid staunch opposition from state legislators.

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A decade later, facing a breakdown in subway service, Gov. Andrew M. Cuomo resurrected congestion pricing to finance repairs to the aging subway system. “Congestion pricing is an idea whose time has come,” he said at that time. (Mr. Cuomo has since questioned whether it is the right time to start congestion pricing.)

It was another two years before congestion pricing was finally approved by the State Legislature in 2019 as part of the state budget.

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