Lemonade stand fiasco gets nationwide attention

BALLSTON SPA, N.Y. » Talk about David versus Goliath!

In his father’s eyes, 7-year-old Brendan Mulvaney is a hero for the courage he’s shown in the face of a misguided power play by the state Health Department.

On Friday, a state official shut down the boy’s lemonade stand, which he was operating from the deck of his family’s home, near Saratoga County Fair. The official, responding to complaints from fair vendors, said Brendan needed a permit and put him out of business.

“I really am still looking for a media apology to my son from New York State,” said Seth Mulvaney, Brendan’s father, on Tuesday. “He’s been through so much the past three days. He’s 7 years old and he’s making a difference. He’s a hero.”

Gov. Andrew Cuomo, who is seeking re-election in November, issued a public statement on the matter Tuesday.

“Today I directed the Department of Health to reach a resolution with the Mulvaney family to ensure that Brendan’s lemonade stand can continue to operate,” he said. “If a permit is needed, I will personally pay for any necessary fees. We support Brendan’s entrepreneurial spirit and wish him the best of luck.”

Health Department spokesman Gary Holmes said the inspector didn’t encounter a child operating the stand, on the home’s front deck, and sought out an adult on the property. The stand, offering bottled water and sno-cones in addition to lemonade, seemed more “in line with what permanent vendors were selling inside the fairgrounds,” he said.

The setup was different than a simple roadside stand, Holmes said.

“We rely on inspectors ... to use their judgment,” he said. “It’s a discretion call.”

But Seth Mulvaney said Brendan has never encountered problems before. He’s had a lemonade stand, also offering bottled water and sno-cones, the past three years. This summer he was trying to raise money for a family trip to Disney World.

The fiasco gained nationwide attention with a New York Post

cover story, under the headline “Abuse of Sour,” which included a big picture of Brendan and his lemonade stand.

“We didn’t think that we needed [a permit], we didn’t know that we needed one,” Brendan’s mother, Jodi Mulvaney, told The Post. “It didn’t even cross our minds.”

Compounding problems, the Health Department apologized to the Mulvaneys on Sunday for “any inconvenience” it caused. The department said it “does not inspect children’s lemonade stands” and “does not issue permits for or oversee lemonade stands.”

But on Monday the Health Department informed the Mulvaneys that Brendan would need a permit, which costs $30, if he continued to sell bottled water and sno-cones in addition to lemonade.

However, the Health Department also says the regulation is seldom enforced.

State Senator James Tedisco, R-Glenville, said a regulation that isn’t enforced should be eliminated.

He has asked the Health Department to reimburse Brendan for money he lost during the busy fair weekend.

He’s also begun crafting a proposed new “LemonAid Law” that would allow children to operate lemonade stands without a state permit.

“What’s going on in New York state where we have a serious government corruption problem, but the state is instead wasting taxpayer dollars harassing 7-year-old kids selling lemonade?” Tedisco said. “It’s an overreach and a sad commentary on the current state of New York state’s government. Overzealous state bureaucrats in the administration just keep giving taxpayers lemons.”

His bill would exempt children who operate popup lemonade stands under adult supervision from having to obtain and pay for any state permits.

The controversy apparently began when fair vendors complained that Brendan was undercutting their prices. He sold lemonade for 75 cents, and bottled water and sno-cones for $1 each. Cups of lemonade inside the fair cost $7, The Post reported.