Alleged harasser’s drink license denied
Sebastopol officials floated a new condition Tuesday night for a prominent Wine Country restaurateur accused of sexual harassment: His new restaurant can serve alcohol, but he can never enter it.
The Sebastopol Planning Commission took a hard line against granting an alcohol use permit to Lowell Sheldon, who’s been accused of sexual harassment or inappropriate behavior by almost a dozen of his former employees, as he works to open a new Georgian restaurant in the city.
During an online meeting, the four present commissioners voiced concerns about his presence at the new business, Piala. They suggested that they could be more comfortable granting the liquor permit on the condition that Sheldon never step foot on the premises and will discuss further terms at their next meeting on July 12. Sheldon and two partners are opening the Georgian restaurant at 7233 Healdsburg Ave., and appealed the planning director’s decision earlier this month to deny Piala’s liquor license.
It’s the latest challenge for Sheldon as he attempts to move forward with his career following last year’s allegations. Most recently, the Sonoma County permit department asked that he withdraw his application to redevelop the historic Freestone Hotel after determining it’s inconsistent with the county’s general plan. Sheldon told The Chronicle that his team has since reworked its proposal in the hope of moving forward with the project.
Tuesday’s meeting was highly unusual for the Sebastopol Planning Commission, with impassioned debate about sexual violence, power dynamics and redemption within the scope of a government body that usually deals with zoning ordinances and parking concerns.
About 50 people attended on Zoom, and others submitted more than 100 letters, more public comment than member Paul Fritz said he’s seen in his nearly seven years on the commission. One letter included a partially redacted 2021 police report documenting an anonymous woman’s allegation of sexual assault against Sheldon. Women who identified themselves as victims of Sheldon’s misconduct urged the commission against approving the liquor license, concerned it could be harmful for the community. His supporters, meanwhile, criticized the idea of “permanently blacklist (ing)” Sheldon, who previously co-owned Sebastopol restaurants Fern Bar, Handline, and the now-closed Lowell’s.
To approve Piala’s alcohol use permit, the commission must find that the proposed use will not “adversely affect the health, safety or welfare” of both employees and customers, according to city code. Commissioners said they weren’t convinced Sheldon has demonstrated that’s the case.
“Would I feel comfortable to have my daughter work there?” said vice chair Evert Fernandez. “The answer is that I couldn’t say honestly I would.”
In a September investigation by The Chronicle, 11 former staffers who had worked with Sheldon between 2015 and 2021 accused him of sexual harassment or creating a toxic work environment. Fern Bar, Handline and Khom Loi cut ties with Sheldon last year. He has denied most of the allegations.
Offers from Sheldon and his team to limit his presence at Piala did little to assuage concerns. His attorney proposed new conditions to the commission on Monday, including that Sheldon would not be involved in the dayto-day management of Piala and that he wouldn’t drink alcohol there unless dining as a customer. An outside human resources firm would handle any employee complaints or concerns. One of his two partners, Jeff Berlin, who previously ran Oakland’s A Côté, is slated to oversee hiring, training and daily operations at Piala. If there’s an unexpected staffing shortage and Sheldon must fill in temporarily, he would not be allowed to supervise employees, they said.
In a statement, Sheldon emphasized the personal work he’s done to “acknowledge the mistakes and the impact my lapses in judgment have had,” including attending therapy and workshops on power dynamics. His attorney said he’s willing to not work at Piala when customers are present, and is open to a mandated one-year review of the permit.
But Sheldon was unwilling to be barred from the restaurant entirely. He wants to be able to dine at Piala when it opens, he said.
“I can agree to every other mitigation ... but if we can’t find a way to allow me to be a citizen in this town, then we can’t agree to that,” Sheldon said.
Opponents expressed concern that the proposed restrictions wouldn’t have prevented Sheldon’s alleged misconduct in the past, much of which former employees said occurred at restaurants after hours and involved alcohol. Commissioners agreed, suggesting that even if Sheldon is there as a diner, “people in the restaurant will know who he is ... and he will have a position of authority,” commissioner Fritz said.
“It is foolish to think he will not ever be present on premise. When he shows up as a diner consuming alcohol, he has the potential to be a threat to diners’ and workers’ safety,” said Alexandra Lopez, a former employee of Sheldon at Fern Bar. “Why is Lowell necessary to Piala’s existence at all?”
Timothy Ryan, a former Handline employee, said “his power and influence was very clear working there,” even when Sheldon wasn’t in a day-to-day managerial role. “He definitely made his presence known and his influence and his investment known.”
Defenders of Sheldon said it was inappropriate for the Planning Commission, tasked with a permit approval, to judge his behavior like a “court of law.” Zachary Douch, a former planning commissioner, voiced support in a Monday email to the commission for granting the alcohol permit.
“I understand this has gotten wrapped up in litigation about who Lowell is ... but I think it’s important for the planning commission to not feel like its role is to adjudicate that,” said Stuart Gross.
Bob Haroche, attorney for the Piala team, said that he’s not aware of the city of Sebastopol denying any business an alcohol permit “on the basis of such allegations against one of its owners.”
“We ask that you don’t hang a scarlet letter around this man but let him and his partners open what will undoubtedly be an outstanding new addition to Sebastopol’s food scene,” Haroche said.
Commissioners said they were supportive of Piala as a restaurant, which can open without the liquor license. But the Piala team said the business’ success, like most restaurants with slim margins, depends on being able to serve alcohol.
It’s unclear whether the city and Sheldon’s team will be able to agree on further restrictions to discuss on July 12. If the planning commission votes to uphold the permit denial, Sheldon and his team could then appeal the decision to the City Council.