City officials say they shut down the 50’s on Fitch lounge after finding some 1,000 people congregated there on Saturday night in defiance of coronavirus pandemic restrictions.
Under Gov. Ned Lamont’s planned phases to reopen the state, restaurants have been allowed to offer outdoor dining since May, and indoor dining was allowed as of June 17, but at 50-percent capacity. The rules allow for 100-percent outdoor capacity, as long as social distancing can be maintained. Outdoor gatherings are limited to 100 people, however.
According to city officials, they received several complaints Saturday night about activity at the business, at 50 Fitch St. in the Westville neighborhood.
Building Inspector Jim Turcio said he personally witnessed more than 1,000 patrons at the business and in its parking lot, in violation of “outdoor dining capacity guidelines, state rules for outdoor events and various health codes.”
According to Turcio, city officials spoke to the owners and requested that they shut down the business immediately.
“They did not comply, and we had no choice but to shut them down as a result of these violations,” Turcio added.
Director of Public Health Maritza Bond said the business, 50s Lounge LLC, violated not only state rules, but city ordinances and conditions of approval for the establishment outlined by the city’s Board of Zoning Appeals.
“I want to remind residents of the city that we are still in a pandemic,” Bond said, in a press release announcement Monday. “Taking the necessary health precautions is critical to containing the spread of COVID-19, which continues to pose a serious threat to public health in our community.”
Bond issued a cease-and-desist letter to the business alleging multiple violations, including:
- Failure to ensure that all attendees at a large outdoor public gathering remain at least six feet apart, failure to ensure that attendees wear masks except when dining, failure to demarcate six feet of spacing in the area of gathering;
- Permitting the sale of alcohol without the sale of food;
- Outdoor dining in excess of seating capacity;
- Permitting a public health nuisance on one’s property;
- Operating in excess of 50% capacity on an outside deck;
- Operating in violation of Connecticut General Statutes 19-13-B42 and Title III, Chapter 14 of the New Haven Code of General Ordinances; and
- Creating a condition specifically declared to be a public nuisance.
City officials are notifying the state’s Department of Liquor Control about the alleged violations.
The business’ principal is listed as Disha Joy Monsanto of New Haven.
On Monday, Monsanto asserted that her business had been in full compliance with the rules on Saturday, when people came to celebrate Juneteenth, the June 19 holiday that marks the emancipation of those who had been enslaved in the United States.
“I was in full compliance – it is not accurate that there were 1,000 people at my business,” Monsanto said.
Not only did she dispute the size of the gathering, but she also asserted that some individuals referenced by city officials were on neighboring property not associated with her lounge.
“I have signage up everywhere (about social distancing),” Monsanto said. “I am a minority business owner, and now 20 to 25 people are out of work.”
In April, Monsanto and fellow business proprietor Michael Amato sued Mayor Justin Elicker and Gov. Ned Lamont in U.S. District Court, alleging that their coronavirus-related restrictions on restaurants and the number of people permitted to congregate at one time have violated their constitutional rights. The litigation further alleges defamation, claiming Elicker chastised the business in the media for going forward with a booked birthday party in mid-March. Monsanto additionally asserted Monday that she is the target of a vendetta, as political opponents of the current administration hosted events at her business.
“I am not a politician – we would host anyone who wanted to have an event here,” she said.
The federal litigation is still pending. The defendants have filed motions to dismiss the case, asserting that they have authority to take actions to mitigate a public health emergency. Elicker’s motion to dismiss further states, “Mayor Elicker simply conveyed that he had received complaints about several businesses not adhering to social distancing – including 50’s on Fitch – and then he encouraged them all ‘to cooperate to keep your customers and community safe.’”
Contact Michelle Tuccitto Sullo at msullo@newhavenbiz.com.
