The Middletown Press (Middletown, CT)
COVID violations draw complaints
Five bars, four restaurants closed for breaking rules in city
“Staff refuse to wear masks and they allow customers to enter and make purchases without masks.” Customer complaint about a convenience store
NEW HAVEN — Complaints have poured in to the city Health Department about restaurants and other businesses allegedly violating the state rules aimed at slowing the spread of the coronavirus. Between April 13, 2020, when the city’s online tracking system was set up, and Jan. 20, Health Director Maritza Bond and her inspectors have followed up on 292 reports of violations: patrons and staff not wearing masks — or wearing them improperly — crowds exceeding capacity and other issues.
Most of the complaints have been about restaurants and other food service businesses, but others, including retail stores, convenience stores, gas stations and even private residences, have been reported.
One complaint about a convenience store stated, “I have been to this store numerous times and staff refuse to wear masks and they allow customers to enter and make purchases without masks.” One from a fast-food restaurant customer said, “Just
went through the drive thru. Of the 3-4 employees I saw, not a single one was wearing a mask properly. Most had the mask below their nose and one had it pulled down below their mouth.” Another one alleged “over capacity, no masks and no food being served. They are a bar not a restaurant.”
Others have included complaints about too many people being in an establishment, pop-up parties and sports games being played, signs about COVID practices not posted, socially distancing rules not being followed, logjams in store aisles and one-way signs not being followed, and that cleaning practices that were not adequate.
The Health Department reports recorded 22 written warnings, 72 verbal warnings and nine closures, including those that voluntarily closed when informed they were violating state guidelines. The rest were allowed to “continue with standard operations” or no outcome was recorded.
Whether they are complying with the state’s rules for businesses or not, complaints to the city’s hotline, through SeeClickFix or sent in by email must be followed up, officials said.
Five of the nine closings were bars, which have not been allowed to open under the state’s phased-in reopening plan: Gotham Citi Café, 84 Orange St., closed March 16; New Haven Zodiac, 216 Crown St., closed July 13; Middletown Café, 631 Middletown Ave., closed July 23; Emojiis Sports Bar, also 631 Middletown Ave., was ordered closed Jan. 15, 2021, a letter from the city Health Department said. Also an “unknown bar” with no address listed, also closed July 13, records show.
According to the Health Department’s Jan. 15 letter to letter Jose Narvaez, manager of Emojiis, the department allegedly “received multiple complaints and police reports for December 24, 2020, December 25, 2020, December 26, 2020 and January 3, 2021 regarding operating a food service establishment without proper licensure” to sell food and/or beverages.
Narvaez, however, said Friday that Emojiis had not been open and while he had held several private parties, those were for family only. He said he was not aware that private parties could not be held while he is paying rent at the location.
Narvaez said he is doing extensive work at the location, and working to obtain proper city permits and licenses and would seek Health Department approval after he obtains approval from the Fire Department. He said the pandemic has caused delays. “We bought the bar. I put a lot of money into that bar,” said Narvaez, who said his wife owns Emojiis. “I am working on it.” Narvaez also said he would be serving food at the location.
“, had a private party went to the did not know private par did not do any more Sent a later saying he could not have any parties refacing the bar
The other four were restaurants, all of which have reopened: 50s on Fitch, 50 Fitch St., closed June 22; Temple Grill, 152 Temple St., closed Aug. 7; Keys to the City, 240 Sargent Drive, closed Oct. 8; and Anthony’s Ocean View, 450 Lighthouse Road, closed Oct. 30.
Emojiis Sports Bar was ordered to cease and desist because it had no permit, according to Bond. “The prior licensed establishment [Middletown Café] was classified as a Phase 3 bar,” Bond said. The state has not reached Phase 3 since reopening began May 20, 2020.
The owners of New Haven Zodiac, Middletown Café and Emojiis could not be reached for comment.
An Aug. 18 Health Department letter to Zodiac owner Theodore Hines Jr. said a complaint had been received about a pop-up party Aug. 15, following warnings June 23, July 13 and July 14 that, as a bar, the club was not allowed to open, a document provided by the city shows. According to Health Department staffer Andy Kozlowski, Hines “opted to voluntarily close.” An email sent to Hines seeking a response was not answered.
Between June 23 and Aug. 7, the Health Department recorded seven complaints against Temple Grill, owned by Sal Gagliardi. Several were for employees not wearing masks, two said the manager was smoking a cigar, and one was about the restaurant going over its state-mandated capacity. In two vistis inspectors at the site reported all employees were wearing masks. In an eighth entry, Senior Sanitarian Brian Wnek visited on Aug. 5 “to check in,” according to city records.
The visits resulted in four verbal warnings until, on Aug. 7, after another complaint, the restaurant was ordered closed, according to the Health Department. A plan of correction was approved Aug. 12 and Temple Grill is open again.
Gagliardi said of staff violating the rules, “None of those people are there anymore.” Asked whether he thought there was a problem at his restaurant, Gagliardi said, “I don’t think I have a problem, no. I think whatever problem I had was fixed.”
Gotham Citi’s owner, Robb Bartolomeo, has sued the city, saying he was shut down June 22 after being allowed to open, and was serving food. Bond has said he is not allowed to open because Gotham Citi is zoned as a nightclub.
Bartolomeo claims he should be able to reopen after the city Health Department closed him down and was given conflicting information by the city. He has said he was willing to follow the same rules as other businesses, and “served assorted spring rolls, which would put us in compliance with the law at the time.” he said. He said he has a café license and a food service permit and that until November, food had to be offered but customers were not required to eat.
The lawsuit remains pending and a trial date of Jan. 18, 2022 has been set, state judicial records show.
.Keys to the City voluntarily closed after an Oct. 8 complaint that people were not wearing masks and it voluntarily did so. A letter outlining a corrective action plan was sent Oct. 22 and Keys to the City has reopened.
“Yes, it was a process that we basically had to go through,” said owner Kendrick Bracey. “I understand the guidelines put out there. … It wasn’t as clear to everybody, the full standards and certain things that they do and do not want. … It was stuff that we did not know of.”
Bracey said the pandemic and having to close has been tough on his business, which has featured dueling piano players and other kinds of entertainment.
“It’s been a tough time. It’s a tough deal. We’re on the verge of not making it so we’re trying. … We were event-based and we had to change that outlook and game plan.” Rather than serving snack foods like chicken wings and fries, “now we’re doing fullcourse meals,” Bracey said.
Entertainment has been curtailed and there is no band playing, he said. “If we do, we’ll just have a DJ, but we don’t do live music anymore,” he said. “I’m hoping for better days. You don’t really know what to look forward to right now.”
“We showed up on New Year’s Eve to all of these establishments and they were all operating safely,” Bond said. Keys to the City, 50s on Fitch and Anthony’s Ocean View were among nine stops Bond and others made Dec. 31, according to the New Haven Independent. All the restaurants passed inspection that night.
Anthony’s Ocean View was shut down by the city Oct. 30 after a video appeared of a large Halloween party. Owner Anthony Delmonaco declined comment at the time. Messages left seeking comment were not returned.
Joy Monsanto, owner of 50s on Fitch, which was shut June 22 after someone reported a crowd of 1,000 people in the parking lot, said the city has been preventing her business from succeeding by closing her for 90 days and not giving her all the permits for an outdoor tent. A plan of correction was approved Sept. 1. The information about the alleged size of the crowd was contained in a news release sent by city spokesman Gage Frank on June 22, 2020.
Monsanto has disputed the size of the gathering as described by the city, and said many of the people were outside the confines of the club.
“How am I supposed control people who are in the parking lot?” Joy Monsanto asked.
“I was shut down for 90 days. Everyone else got a slap on the wrist and reopened in two weeks,” she said.
“I didn’t go for the first round of [Paycheck Protection Program], but I’m going to try to get something to keep my doors open,” she said last week. “I’ve been denied the right to put people of color outside in the parking lot in tents like downtown has.” Mayor Justin Elicker and Bond were asked to respond to Monsanto’s concerns.
Monsanto said an event Jan. 31, featuring entertainer Rahsaan Langley, with elderly patrons as guests, had to be canceled. The state’s COVID rules do not allow indoor singers.
Bond issued a statement , saying the reason 50s on Fitch was closed for so long was because Monsanto did not immediately agree to a corrective action plan.
When the establishment was closed “after being charged with violations of the state sector rules for operating restaurants during the COVID 19 pandemic,” Monsanto “with the assistance of her attorneys, initially chose to appeal the action,” Bond wrote.
“After some period of time, she began to work with the City on coming up with an acceptable reopening plan so she could reopen her establishment. … Other establishments that were affected by enforcement did not file such appeals but instead worked immediately on a reopening plan to assure compliance with sector guidelines. Any delay in the reopening of 50 Fitch was due to the time necessary to arrive at an acceptable reopening plan.”
Bond said Monsanto canceled the Jan. 31 event voluntarily and was not ordered to by the Health Department.
As for the outdoor tent, Bond wrote, “If Ms. Monsanto would like to be approved for outdoor dining, she can contact our Economic Development Administration for guidance as she works on a COVID-19 compliant plan to be submitted to the Health Department and Building Department. Her application will be treated in the same manner as other establishment what have submitted such plans.
“We at the City of New Haven support all our local businesses and are ready to assist them to get back on their feet as we work through this challenging time,” Bond wrote. “The City is also committed to enforcing the state sector rules that are put in place to assure the safety of the community during the pandemic.”
City health inspectors make 10 to 12 unannounced visits to restaurants each week, Bond said. The purpose is not just to catch violators, but also to educate business owners.
“We are proactive. We come with posters in case posters fell or are damaged,” Bond said. “We want people to be in compliance, but we also want to be supportive.”
NEW HAVEN — At 8:30 p.m. Feb. 6, New Haven recorded its sixth homicide of the year, when Kevin Jiang was shot to death on Lawrence Street.
Unlike the five homicides preceding it, the crime made national headlines because Jiang was a Yale student. It’s a fact that brought a level of attention that the other slayings didn’t receive.
Mayor Justin Elicker said while Jiang’s killing has brought the most media attention, “it’s important for us to underscore the loss of other members of our community and that tragedy, as well, and all of these losses impact the city and in turn the university.”
Alfreda Youmans, Jeffery Dotson , Jorge Osorio-Caballero, Marquis Winfrey and Joseph Mattei were all were shot and killed this year in the city. None of their slayings has been solved, according to New Haven police. Angel Rodriguez was found dead Feb. 15 in the area of Farnum Drive and Orange Street; his death was ruled a homicide.
There were 20 people killed in the city in 2020, the most since 2013, but the first homicide didn’t occur until Feb. 24, when Dashown Myers, 18, was slain.
John DeStefano Jr., who was mayor of New Haven when two Yale students were killed, said it’s important to remember that every life lost to violence is tragic.
Nearly 300 people were killed in New Haven during DeStefano’s tenure as mayor between 1994 and 2014, he said.
“It’s appalling when you think about it,” he said.
Crime on college campuses draws wide attention, though experts say urban college campuses do not have higher crime rates.
“College students, undergrads or graduates, are thought to be living an idyllic existence, safe, free from harm, safe from life’s peril,” said Rich Hanley, associate professor of journalism at Quinnipiac University. “And whenever a student is murdered or a victim of violence, it comes as a surprise because of the mythology of college as a safe space.”
Add to that Yale’s status as a world-class university. “It grabs attention because of that name … with a national, global reputation where bad things aren’t supposed to happen, but they do,” Hanley said.
Jiang’s death was made more poignant because he had become engaged to Yale graduate student Zion Perry a week before his death, and he was shot close to her apartment in the Goatville neighborhood, part of the East Rock section and not a high-crime area.
Perry graduated from the Massachusetts Institute of Technology with a degree in biological engineering. While no one has been charged in Jiang’s shooting, another student from MIT, Qinxuan Pan, a graduate student studying artificial intelligence and advanced computing, is at large as a person of interest.
Police have not said anything about a possible motive in Jiang’s killing.
Rare occurrence
Yale sophomore Christian Prince also made national headlines Feb. 17, 1991, when he was shot to death in front of St. Mary Church on Hillhouse Avenue, apparently the victim of a botched robbery. He was the first Yale student killed since Gary Stein in 1974.
Senior Suzanne Jovin was stabbed to death in the East Rock neighborhood Dec. 4, 1998; her slaying has not been solved. Annie Le was strangled Sept. 8, 2009, in a research building near the Yale Medical School. An animal lab technician, Raymond Clark III, was convicted of her murder and is in prison.
The perception of such high profile cases portraying New Haven as dangerous can overcome reality.
“Urban campuses do not have higher rates of crime,” said professor James Alan Fox of Northeastern University in Boston, who has written about crime on college campuses. Further, because they are in urban settings, universities tend to have strong security forces, police departments or, like Yale, both.
In 2019, of 573 colleges and universities that reported their crime statistics to the FBI, there were seven homicides out of 2,900 violent crimes, Fox said. That compares to 1,236 rapes, 425 robberies and 1,233 aggravated assaults, about five violent crimes per school overall.
And students attending college in a city tend to be more aware of potential risks. “In most urban campuses, students recognize that there are risks, whereas when students go to a rural campus they expect it’s going to be a crime-free, idyllic area,” Fox said.
John DeCarlo, director of the master’s program in criminal justice at the University of New Haven and former Branford police chief, said the best universities often are found in cities. Brown, Harvard and the University of Pennsylvania also are urban Ivy League schools.
“The intellectually elite that attend schools like this don’t have a big choice as to where they’re going to go,” he said. He said it’s important for colleges to let students know the risks but also assure them they are unlikely to become victims of violent crime. “When there is crime or fear of crime … it’s smart to get out in front and openly communicate,” he said.
Challenging perception
For Elicker, the safety of Yale and the city as a whole are intertwined.
“I worry about New Haven and my focus is on the city, and of course a successful city, a safe city, benefits Yale as well,” he said. Elicker earned master’s degrees at Yale’s School of Management and what is now the School of the Environment, where Jiang was a student.
“By and large, New Haven is a safe city. We also have to be real about our challenges during this past year and today about our increase in violence,” Elicker said. “We need to work together to address this.
“Yale is interwoven into all different aspects of city life, so of course the university needs to play a strong role in what to means to be a safe city,” he said. “We shouldn’t avoid the conversation about how New Haven is struggling … for enough funding to pay for social services, the new (prison) reentry center we just opened, [for] enough police officers.”
DeStefano said while Jiang’s killing will weigh on Yale students, faculty and employees, as well as New Haven residents, at the same time, “there’s damage done to our own children and our city” whenever anyone is slain.
Yale Police Chief Ronnell Higgins said he believes the cooperation between the university and city is strong. In an email, he wrote, “Yale loves New Haven: our city is part of who we are. We are proud of our shared community and consider public safety a matter of enduring partnership.”
He said Yale’s effort to increase public safety, including discussions with Elicker, “has contributed to significant reductions in crime on campus and helped improve the quality of life for the Yale and broader New Haven community.”
New Haven Police Chief Otoniel Reyes has stressed the close working relationship between his department and the Yale department as the investigation into the Jiang slaying continues.
Abigail Boyer is associate executive director of the Clery Center, which offers assistance to colleges and universities to comply with the Jeanne Clery Act. Every college and university that receives federal money must report annually the crimes that occur both on and off campus, but it also encourages putting “the policies in place that help support campus safety,” she said.
Jeanne Clery, a first-year student at Lehigh University, was raped and murdered in 1986.
“The Clery Act itself really serves as a model” for how to keep the university community informed about safety and how to maintain it, Boyer said. “It’s not just limited to reports to public safety or law enforcement, but also to officials with significant responsibility for students and campus activities.”
It’s important to read not only the reported statistics but also the university’s prevention efforts, she said.
If a college is really doing the work of communicating that it is safe to report an incident, its statistics may actually be higher, because students will be willing to come forward, Boyer said. Sexual assault, for example, is often underreported, she said.