New Nick’s Crispy Tacos location continues an old feud

“Opening blocks away is going to make it very confusing,” Chris Cheeseman, a managing partner at Tacko, told SFGATE. “We’re trying to get some context for why [Schindler] chose that location. It’s not like SF is lacking restaurant spaces.”

Part of his concern is tied to a popular menu upgrade called “Nick’s Way,” which is widely credited to Fasanella. The “Nick’s Way,” which is found at both Nick’s Crispy Tacos and Tacko, enhances tacos with a lightly fried tortilla, jack cheese and a generous slab of guacamole. 

The identical menu item is rooted in Fasanella’s former ties to Schindler. “Nick’s Way” tacos first appeared at Nick’s Crispy Tacos shortly after the restaurant opened in 2002. It quickly took off and remains a San Francisco cult favorite. But tensions between Fasanella and Schindler would soon boil to the surface, and by 2005, the pair were embroiled in a legal fight over the partnership.

According to 2005 court filings with the San Francisco Superior Court, Fasanella sued Schindler over the validity of their partnership and alleged that Schindler “misappropriated … joint venture assets, including the trade name ‘Nick’s Crispy Tacos.’” Fasanella ultimately lost the case and hasn’t been part of Nick’s Crispy Tacos since, but his taco concept and name live on.

“It was established, it was as simple as that,” said Schindler, referring to the grounds on which he kept his former business partner’s name at “Nick’s Crispy Tacos.” 

“Nick’s Way” tacos are available at both Nick’s Crispy Tacos (L) and Tacko (R). (Photo: N A. on Yelp/ Francesca P. on Yelp)
“Nick’s Way” tacos are available at both Nick’s Crispy Tacos (L) and Tacko (R). (Photo: N A. on Yelp/ Francesca P. on Yelp)

Later, Fasanella worked on other projects before eventually opening Tacko in 2011 with co-owner Doug Marschke. Cheeseman, who became a managing partner that same year, said that it was important to Fasanella to keep the “Nick’s Way” concept alive and well at Tacko. SFGATE reached out to Fasanella, but he was not available for comment.

“A lot of people don’t know that Nick left a long time ago,” Marschke said. “People don’t know there’s not a Nick behind Nick’s Crispy Tacos anymore.”

Given the past animosity between Fasanella and Schindler, Marschke and Cheeseman wonder if the upcoming Nick’s Crispy Tacos location is meant to be “provocative.” They have tried to reach Schindler through the owner of Rockwell but said they have yet to hear back.

“The fact that [Nick’s Crispy Tacos] didn’t have the professional courtesy to reach out to me or Chris was strange considering the circumstances,” Marschke said. “It just makes it awkward. Why there?”

Schindler had a different take. He told SFGATE that he has no ill feelings toward any of the business owners at Tacko and that the move to Rockwell made financial sense. He added that debuting inside the lounge will be a similar business model to what he had at Rouge nightclub. 

“Our goal would’ve been to be right on Polk Street, but we didn’t find an opportunity there,” Schindler told SFGATE. “We decided we got to get open. Our customers keep calling us, and the people that worked for me wanted to come back.”

Nick’s Crispy Tacos still has no official opening date, but Schindler hopes to open within the next few weeks. Schindler is not concerned that locals will get the two businesses mixed up since he believes the two restaurants offer different menu options and distinctive atmospheres.

Still, Marschke and Cheeseman hope they can eventually speak with Schindler and work together to ensure customers are clear about the two restaurants.

“There has to be a conversation,” Marschke said. “We have to decide how we’re going to deal with the confusion. Restaurants aren’t just a place to eat. They are an extension of the community, which means that businesses have to agree to work together too. We want everyone to be successful at the end of the day.”