A Fulton County Superior Court judge denied a request for an injunction by concessionaires seeking to block the city of Atlanta from signing airport concessions deals.
The judge's decision opens up the path for Hartsfield-Jackson International Airport to proceed with plans to open its new international terminal in the spring. Atlanta Mayor Kasim Reed signed the airport restaurant contracts Monday morning shortly after the judge's decision.
Four companies that did not win restaurant contracts — SSP America Inc., Midfield Concessions, Atlanta Airport Restaurants and Take-Off Concessions — argued at a hearing last week for an injunction to prevent the city from executing contracts until their claims are resolved.
Those firms have separately filed administrative appeals of the concessions contract decisions. Hearing officer George Maynard is expected to schedule hearings between late March and mid-April.
The losing concessionaires claimed scoring was inappropriate, some proposals should have been disqualified and evaluators did not have enough training or experience. They say the city violated open records law and the open meetings act and the council “merely rubberstamped” selections made by evaluation committees. The city contends the process was appropriate.
Judge Cynthia Wright wrote in her decision on the injunction that it "involves balancing the public's right to an open, transparent process that promotes confidence in the final decision to award concessions contracts; the frustrated bidder's interest in developing a thorough record for review by the Superior Court ... as well as in preserving its ability to obtain complete relief [i.e. the award of the contract], and the city's interest in opening the international terminal on time with concessions in place."
Reed contended that the city "ran an open, honest and transparent process" and added, "I just look forward to opening the international terminal on time."
Reed said the contracts enable the city to earn as much as $20 million more per year, and that the international terminal will be "the single biggest job generator in the southeastern United States," leading to more than 1,200 hires.
The judge's decision noted that the concessionaires must exhaust their administrative appeals before seeking a temporary injunction.
Robert Scholz, an attorney for Take-Off Concessions and Atlanta Airport Restaurants, expressed disappointment with the ruling. "Substantial questions about the fairness of the procurement now are less likely to be answered because of the absence of a meaningful remedy," he said in an email.
The court urged the appeals officer to allow the concessionaires to subpoena documents and witnesses "in the interest of transparency and public confidence in the process."
William Hill, an attorney for SSP, said he wants to interview witnesses including Hartsfield-Jackson general manager Louis Miller.
The judge's decision noted that "this court cannot rewrite the city ordinance. However, this court urges the city to review its processes and procedures related to bidding, letting of contracts and review and appeal of decisions made pursuant to their processes and procedures."
Giving frustrated bidders subpoena power would help, according to the ruling. "One could only hope that in this way, perhaps, fewer airport cases would land before the Superior Court," the ruling said. "But then, as the saying goes, you can't get anywhere without going through the Atlanta airport, and apparently, the Atlanta airport can't get anywhere without going through the Superior Court."
What's coming to the airport
With the injunction rejected, here’s a look at who can proceed and some of the restaurants involved.
Company: Mack II Inc.
Some key concepts: Ruby’s Diner, Asian Chao, Gold Coast Dogs
Where: Atrium and Concourse A
--
Company: HMSHost
Some key concepts: Popeyes, Shane’s Rib Shack, Atlanta Chophouse, the Pecan
Where: Atrium and Concourse F (new international terminal)
--
Company: Hojeij Branded Foods Inc.
Some key concepts: Ruby Tuesday, PF Chang’s, Varasano’s Pizzeria, Chick‐fil‐A
Where: Concourse A
--
Company: Concessions/H&H JV
Some key concepts: Twist, Willy’s, Yogurbella, Paschal’s, T.G.I. Fridays
Where: Concourse B
--
Company: Global Concessions Inc.
Some key concepts: Michon’s Smokehouse, Coffee Beanery, Jekyll Island Seafood Co.
Where: Concourses B and F
--
Company: HMSHost
Some key concepts: Carrabba’s, the Varsity, Chick-fil-A, Five Guys Burgers & Fries, the Real Chow Baby
Where: Concourse C
--
Company: Vida‐Velocity Management LLC
Some key concepts: Jersey Mike’s Subs, Wienerz Grill
Where: Concourse C
--
Company: DNCTHS Atlanta Partners
Some key concepts: Chipotle, Einstein Bros. Bagels, Bojangles, Georgia Grown
Where: Concourses D and T
--
Company: Atlanta Restaurant Partners
Some key concepts: Chicken N Beer, Atlanta Braves All Star Grill, Goldberg’s Bagel Company & Deli
Where: Concourses D and T
