DA goes after restaurant owner
CARMEL >> A Carmel restaurant owner hit with a $35,000 fine for defying state and county public health orders is doubling down in his battle against the Monterey County District Attorney’s Office saying he has no intention on paying a fine until his questions are answered.
The DA’s Office on Monday issued a press release indicating it is triggering the remaining $20,000 in civil penalties against Jeff LeTowt, owner of the Tuck Box, for violating an existing injunction, which also laid out the procedure should the violations persist.
He was initially fined $35,000 but Deputy District Attorney Emily Hickok said after LeTowt paid $15,000 the remainder was stayed in an agreement that he would halt the violations. That all changed Monday when the DA alleged he again began providing dining inside the restaurant, triggering the remaining portion of the penalty.
Monterey County District Attorney Jeannine Pacioni said in an earlier statement that the violations included providing dinein restaurant service when such activity was prohibited by emergency health orders, failing to follow social distancing protocols such as maintaining 6 feet in be
tween tables inside and outside the restaurant, and employees failing to wear face coverings while working.
“We sincerely hope individuals and businesses will heed the urgent calls from our hospital leaders and voluntarily comply with the new Regional Stay- at-Home Order,” Pacioni said in Monday’s statement. “Because our health leaders have said that we are still many
months away from a vaccine being widely available to the general public, it is critical that we all continue to follow public health orders.”
In a telephone interview Tuesday morning and a follow- up email, LeTowt questioned the DA’s legal standing in the action and raised the issue of property rights.
“I will be happy to comply once you clear up my concerns,” LeTowt said, addressing the DA. “At this point, the county position lacks standing medically, scientifically, morally and
legally. I fear my right to acquire and possess property is being violated.”
Among the questions he posed Tuesday was the issue of Gov. Gavin Newsom having violated the state’s own guidance on eating in restaurants. In November, he was photographed dining with lobbyists and a dozen others who were not part of his household at the opulent French Laundry in Napa Valley’s Wine Country.
Newsom acknowledged his behavior to the Los Angeles Times and other media outlets, saying essentially that he needs to practice what he preaches. The Michelin three-star restaurant has not suffered any consequences that have been reported. It did, however, receive $2.4 million in loans from the federal Paycheck Protection Program back in April.
“I’d be happy to close down if you can show me how Gov. Newsom didn’t violate public health orders when he dined indoors with a group of people at the French Laundry,” LeTowt said. “I’m not paying $20,000. In fact, I want my $15,000 back.”
Hickok, the deputy distr ic t at tor ney, empha
sized Tuesday that the governor’s actions have no bearing on the injunction against LeTowt.
He also challenged the ef fectiveness of ma sks in preventing the wearer from COVID-19 infection. While masks are intended to protect others from an infected person coughing or sneezing, the Centers for Disease Control and Prevention last month issued a scientific brief indicating wearing masks does offer some degree of protection for the wearer.
The Monterey County Environmental Health Bureau has also issued a notice on Dec. 22 for violations of public health orders, the DA said.
“Continued noncompliance with such health orders may result in permit suspension and potential revocation of the restaurant’s health permit to operate,” the DA’s statement reads, adding that in addition, the district attorney referred the alleged violations to the state Department of Alcoholic Beverage Control so it can take any action against the Tuck Box’s liquor license.