May be true elsewhere but not in New York. I can play off the uninitiated immigrant card. The system is bad but that doesn't mean I comply with it. I know one of the consequences of my action is a poorly paid wait staff. But it is the right game theoretic move at scale. If everyone did it, we could shame restaurants into charging higher food prices and paying their staff more money in a fixed amount.

All this is beside the point that I don't eat outside in general. I prefer take out so I tip only rarely.