It’s a Sign?

Kenny Tessel, owner of K-T’s Barbecue in Reading, OH, placed Bar Be Q, a buxom mannequin, in front of his restaurant to stir up business on one of the city’s busiest streets, but he also riled some residents and garnered national attention.

What began as a unique marketing tool that succeeded has morphed into a protracted discussion as to whether the city is regulating it as a sign or whether the mannequin is a decorative sculpture, much like a pink flamingo. The mannequin carries a sign that switches messages between “Great Barbecue” and political messages, such as “Tell the City Council I should be able to stay.”

Tessel said, "She’s actually used as beacon in a way to make customers notice, ‘Hey, there’s a barbecue place. Hey, there’s something here. Let’s stop and find out what it is.”

Following a complaint to city officials, Tessel paid for two permits to keep the 5-ft. 8-in. “Bar Be,” The Design Review Committee requested that Tessel dress Bar Be more conservatively and shelve the Daisy-Duke outfit, but Tessel is appealing the decision: enforcement has been stayed pending the appeal. Bar B now varies her wardrobe from shorts/bikini top to grey sweatshirt.

Tessel said business has picked up more than 40%.

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Christopher P. Finney, Tessel’s attorney, said he considered the mannequin a sign and a First Amendment issue. “The mannequin, whether carrying text or not is a communicative message advertising the business and carrying a decidedly political message.”

The Design Review Committee’s decision is being appealed to the city’s Board of Zoning Appeals on July 6. Meanwhile, Tessel has added a second mannequin, which stands inside marketing a new line of T-shirts and accessories.