Diners at Providence Place Mall's food court may wonder why Gourmet India's basmati rice is dyed yellow. The answer: a four-year legal battle with neighboring Chinese eatery Cathay Cathay, whose contract guarantees it a monopoly on white rice in the food court.
The conflict began when Gourmet India moved into the mall in 2005. Cathay Cathay, which opened at the mall in 2001, has a lease giving the chain the "exclusive right" to serve certain listed items including "white rice - boiled or steamed," according to a Rhode Island Supreme Court decision filed Jan. 9. Cathay Cathay's owner told the Boston Globe that he pays $35,000 a month in rent - more than twice what Gourmet India pays - for the right.
When Gourmet India arrived, the mall gave owner Yogi Sood a list of items he was prohibited from selling, including "white rice or fried rice" as well as any other "oriental style food," according to the decision. But, a clause in the contract stated, the "sale or use of Basmati rice as a side dish or ingredient shall not be deemed a violation of the prohibition of the sale of rice."
Basmati rice "is a special type of rice which is grown in the foothills of the Himalayas," Sood said. He said it differs from white rice in texture and flavor, noting that an "Indian restaurant cannot operate without rice."
"It's an integral part of our cuisine," Sood said. An Indian restaurant that did not serve rice would be like a "hamburger without a hamburger bun," he said.
Soon after Gourmet India opened, Cathay Cathay took legal action against it, seeking damages for its use of rice. In court, Cathay Cathay offered the testimony of Irving Lemack, a "qualified expert in food analysis," who, "upon examining Gourmet India's rice organoleptically" - that is, eating it and looking at it under magnification - declared that it was white rice colored yellow, according to the court decision. Noting that basmati rice could be both white and brown, the food expert offered no opinion on whether the rice in question was basmati.
But the 2006 decision determined that Gourmet India was within its rights to sell basmati rice. The court ruled that "traditional Indian cuisine could not reasonably be construed as a subcategory of 'oriental style food.' "
The case was brought to a superior court again in January, and the court ruled that Gourmet India was within its rights to sell basmati rice. On the question of whether Gourmet India's contract violates Cathay Cathay's lease, the court ordered another trial. Cathay Cathay intends to pursue this retrial and also sue the mall, according to the Globe.
The legal conflict has had one visible change in the food - the distinctive yellow color of Gourmet India's rice, which contains saffron and yellow food coloring. Sood owns several other restaurants, but the Gourmet India in the food court is the only one to feature yellow rice, he said.
"We're just doing it because I don't want any hassle," he said, adding that he would love to be finished with the legal proceedings.
"It interferes with my ability to conduct my business properly, and it's a big distraction. I would rather spend my time on other things," he said.
The mall has paid his legal fees so far, he said.
Four years and two court rulings after the dispute first arose, little has changed, with Cathay Cathay selling white rice and Gourmet India selling yellow-tinted basmati rice next door.
Food court patrons told The Herald they were surprised to learn about the legal struggles behind their lunches.
Maria Cebollero, who came to the mall from Boston, said she didn't normally eat Chinese food but had a craving for it that day.
She said she didn't see the need for Cathay Cathay to "monopolize" rice.
Sarah Hartman, also a resident of Massachusetts, bought food from Gourmet India for lunch.
"I think we would have picked the restaurant based on the food, not the rice," she said.
Chris Hartman, her husband, who had a helping of Gourmet India rice in front of him, said it was "fine" but added that he found the yellow color "odd."
