Interpreting Toothpick Rule

Three days before an event in February for a Fortune 500 company, caterer Andrew Gerstel transformed a sit-down luncheon into a reception with passed hors d'oeuvres. On the new menu were tempura lobster lollipops with a tomato/tarragon aioli, and one-bite rosemary lamb chops with a pomegranate sauce. The host, who was bringing together the firm's senior executives with members of Congress, wasn't driven by capriciousness or cost concerns, recalls Gerstel, executive vice president of Windows Catering Company. The U.S. House of Representatives had just adopted new ethics guidelines that make a table setting a hallmark of impropriety at certain events. Says Gerstel: "They were concerned that members of Congress would not attend because of worries about breaking the rules."

One particular change in the House guidelines is remaking intimate events hosted by lobbyists and the companies, associations, and nonprofits that employ or retain them. Just last year, a member or employee of the House could enjoy a meal at such an event, as long as the food was valued at less than $50. Not so anymore. According to the new guidelines, lawmakers can munch on "food or refreshments of a nominal value offered other than as part of a meal" without worry. Otherwise, they aren't able to accept food at those types of events. (Although the rule applies only to the House, our sources tell us parts of the Senate are also following the guidelines.)Now event planners and caterers are spending considerable time trying to figure out how to make events attended by lawmakers compliant, nixing risotto stations and carving bars—not to mention linens, silverware, and chairs. In this new political climate, the toothpick is a vital entertaining tool.

Washington caterers have wasted little time showcasing what can be done with a toothpick. Sean Clancy, a caterer who also works as a tax attorney for lobbying powerhouse Patton Boggs, saw his business increase 20 percent after he worked with his firm to produce a "toothpick compliant" menu, which he blasted out via email to prospective clients. "We're sort of poking fun at this, saying this is ridiculous but this is what they said and this is what we're going to do," says Clancy, president of Just Fresh Cafe & Catering.

Chef Hubert Billod-Morel at the Fairmont Washington, D.C. went shopping for toothpicks and found some made from bamboo with a "Zen look," reports the Fairmont's director of catering, Bob Mikolitch, who adds, "You can put anything on that toothpick and it really enhances the look automatically." The Fairmont also introduced miniature caprese salads served from gardens of alfalfa grass.

The so-called "toothpick rule" isn't actually new. That type of food was allowed in rules adopted by the previous House; it's just getting more attention now that under-$50 meals are out. "Even though the free lunch is gone, the free reception, if you will, is alive and well," says James Christian, a lawyer at Patton Boggs who advises associations and corporations on ethics rules.

Another long-standing exception to House restrictions: "widely attended events," such as conventions, conferences, and dinners that attract a diverse group of participants and which at least 25 non-Hill people are expected to attend. (Example: A trade organization that employs lobbyists, when hosting its annual gala, probably need not worry about a politician accepting dinner after giving a speech.) In some cases, Hill staffers can also attend an event that includes a meal, provided they abstain from eating.

With so many exceptions, event hosts have responded to the ethics guidelines with caution. Leslie Hayes, president of Hayes & Associates, an event firm in McLean, Virginia, says she has fielded calls from several concerned clients and has inspected the details of their events to ensure compliance. A planner at an association that holds events to educate members of Congress echoes that sentiment: "Most people who do business in Washington are going to do it by the letter of the law." Christian, the lawyer at Patton Boggs, says he has even contacted the House Committee on Standards of Official Conduct on behalf of clients seeking informal guidance. House staff members are responsive, he says, although they make it clear that you can't write on an invitation, "This has been cleared by the committee."

Complicating planners' understanding of the rule is scuttlebutt about more modifications. Although the House has adopted the rule, further amendments are always possible. Says Hayes, "I can't even tell you how many guesses there are about how it's going to change."

Still, some clients are finding some unexpected benefits to the rule. While Gerstel's client expressed considerable concern about the fate of the luncheon-turned-reception, the planner was happy with the end result. After all, passed items are more conducive to networking than a sit-down lunch. Other clients have remarked that the elimination of a meal at certain events has led to more sensible eating.

Then again, as just about any D.C. aide can attest, gluttony is just as easy to achieve when the food is delivered on a toothpick.