By Leslie Collins
Northeast News
September 7, 2011

Soon, the Dairy Queen signs will disappear, along with the Dairy Queen blizzards and posters of delectable treats at 2365 Independence Blvd. But, owners John and Esther McMurray aren’t going anywhere.

Honey, I’ve been here 45 years and I’ve had my heart in it everyday that I’ve been here, Esther said. This is my second home.

Last week, news spread that the American Dairy Queen Corporation (ADQ) is suing the McMurrays for trademark infringement, false designation of origin and breach of contract.

In its complaint filed Aug. 30 at the Missouri Western District Court, ADQ stated the McMurrays failed Dairy Queen’s 2011 annual PRIDE (Personal Responsibility in Delivering Excellence) evaluation and noted a significant deterioration in the overall condition of the store. ADQ also stated the McMurrays failed to meet certain PRIDE minimum standards during previous years.

As a result of Defendants’ conduct, ADQ has suffered and is continuing to suffer irreparable injury, and has incurred and is continuing to incur monetary damages in an amount yet to be determined, ADQ stated in its lawsuit.

Kansas City Health Department’s most recent inspection on April 13, 2011, found one critical violation of a leaking sink and two non-critical violations.

What’s baking us all up is the City Health Department says we never have been called at this store for a violation, so they don’t know why Dairy Queen is coming in and nitpicking about small things, Esther said.

During the Aug. 9 PRIDE inspection, ADQ told the McMurrays to work on remediating the issues immediately. According to court documents, however, more than 10 days later the McMurrays hadn’t remediated anything.

On Aug. 22, an ADQ representative hand delivered a notice of default directing the McMurrays to close their store immediately and not reopen until they met ADQ’s standards.

On Sept. 2, the McMurrays were still serving ice cream and the community defended the local Dairy Queen.

They have been a cornerstone in Northeast since I was a little girl, Phyllis DelOrier Mooers wrote on Northeast News‘ Facebook page. Now Im a grandma & its still my favorite DQ. It has so much personality! Support them as only Northeast can!!!

Several Northeast residents organized a Dairy Queen rally Sept. 2 and held signs reading, You’re not gonna run mom and pop off, Esther told Northeast News.

Despite remediating several issues, the couple has made the decision to reopen as an independent mom and pop shop, she said.

We’ve been thinking about going on our own for the last two or three years, and now, we’ve made a decision, Esther said.

Esther stressed American Dairy Queen has not terminated their contract and that the couple planned to operate independently at the first of the year. However, Esther said she thought they had to wait until their contract expired in April of 2012 to break away from Dairy Queen.

During the Sept. 2 rally, an ADQ representative visited the store and met with the McMurrays, she said. The couple has until Sept. 21 to remediate the issues in order to continue operating as a Dairy Queen, she said.

However, the McMurrays are set on opening up their own shop and possibly calling it, The King and Queen of Ice Cream.

Esther is researching new suppliers and plans to offer their staple item – ice cream – along with several new items, which are top secret for now.

It’s really been a pleasure for me to get up everyday and get dressed and serve the community, Esther said. I’ve supported the community and I hope to continue to support the community.