WASHINGTON — The widow of former D.C. Mayor Marion Barry is threatening legal action against &Pizza in a cease and desist letter sent to CEO Mike Burns. It's the latest move in a saga surrounding the pizzeria's controversial "Marion Berry Knots" dessert.
The pizza chain announced the dessert last week, and captured D.C.'s attention — not for the flavor but its tagline, which appeared to make fun of Barry's 1990 drug arrest:
The Marion Berry Knots have enough powdered sugar to have customers "bumping elbows to order — and even force the DEA to look twice."
Wednesday, Mayor Muriel Bowser weighed in, saying that she was offended by the ads.
“It’s unfortunate that this would be a topic for discussion,” she said.
Barry passed away in 2014, so many felt the comment insensitive and led to some calling for a boycott. On Wednesday, there was a protest outside an &pizza protest outside a location in D.C. Later in the day, the pizza chain removed the dessert item and apologized.
"Candidly, we made a mistake," said &pizza CEO Mike Burns in a letter to the public. "And for that, we sincerely apologize."
Now, lawyers for the Barry estate and Barry's widow, Cora Masters Barry, are demanding more than an apology.
A letter sent by A Scott Bolden Esq. threatens a potential lawsuit if greater action isn't taken. In the letter, Bolden acknowledges the apology, but says it does not go far enough toward addressing the issue.
"The exploitation of Mr. Barry’s legacy for profit, paired with tasteless references to substance abuse and criminality—particularly in a city where Black communities have borne the brunt of racially biased drug criminalization—is not just offensive, it is harmful. In addition, the apology from you failed to personally acknowledge the estate and the executor of the estate, Cora Masters Barry, Marion Barry’s widow. An apology and removal of the menu item is a step, but it does not undo the harm done," the letter says.
Bolden requests a meeting with Burns to discuss a path forward, or face a lawsuit. Possible claims include the misappropriation of Barry's name image and likeness, reputational and economic harm to the Marion Barry Jr. Legacy Foundation and emotional distress and personal humiliation to Barry's widow.
The letter concludes by demanding a response from Burns by Tuesday confirming he agrees to discuss next steps and a resolution.
"My client has given us the authority to take every legal action available. We reserve all equitable and legal remedies. Please know that we will not hesitate to act accordingly," the letter reads.