I'd say that you're on topic.
No "oops" allowed!
I don't think I was on topic. If it's a political debate, I think the issue becomes about whether or not a private business has the right to do what they want within their own establishment, provided it does not involve fraud, harm, etc. Yes, I think they do.
If they establish a policy and make it known to the customer prior to the customer being obligated to pay for the meal -- even if they whisper in the customer's ear "We are serving oxymoron today. We going to charge you a gratuity charge (aka gift charge) of 15% for speaking French -- if you don't get up and leave this restaurant right now." I'd have to say that it was known and agreed to beforehand, so OK. I think it would be incredibly rude, but I also think it is rude to add a charge to someone's bill that they may not know about or agree to.
IMO if the policy of applying a charge for gratuity is arbitrary and is not clear to the customer (like on the menu) before ordering, I don't think that it is right -- and may border on coercion or fraud (or some similar unpleasantness that I can't think of a better word for at the moment.)
Actually, I think its mildly thuggish. "You are going to give me a 15% gift. You do not have a choice about it. It's how we do things around here."
I think that the argument for what is customary may work somewhat for the expectation of a tip, but do not see how it can justify the action of adding a charge if it is not customary for the customer -- especially when the charge actually means "gift". A gift and a charge are two different things. One is voluntary. The other is not.
gratuity
1. (Business / Commerce) a gift or reward, usually of money, for services rendered; tip
2. something given without claim or obligation
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