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STATEN ISLAND, NY – An owner of Mac’s Public House was taken away in handcuffs by agents from the city’s Sheriff’s Department on Tuesday night as various agencies drove to the Grant City Tavern.
The action was in response to homeowners ignoring state and city mandates to forgo indoor dining during the coronavirus (COVID-19) pandemic.
Five officers from the Sheriff’s Office stood outside Mac’s Public House as Danny Presti was whisked away in handcuffs by sheriffs at 7:15 pm He and Keith McAlarney own the Grant City Tavern.
State Senator Andrew Lanza was also at the scene. He gave a speech to the crowd, which included dozens of restaurateurs from across the island who came to show their support for McAlarney and Presti.
“This order just says they must cease and desist,” Lanza told officers at the scene after flipping through a multi-page order. “Nowhere here is there an arrest warrant, nowhere here is anything about the arrest of anyone on their private property. So I’ll ask, [and] you don’t have to answer… why was he arrested? I was told you would tell me why he was arrested and now I’m asking for this answer.
When the crowd started yelling at the officers, Lanza asked for calm.
“I understand that we are very attached to this,” he told the crowd. “I feel as much as you do, I assure you. But speaking loudly gives people an excuse not to respond to us. So let’s not give them the excuse. If they don’t want to answer, they don’t have to answer. We respect law enforcement in Staten Island like no other borough. “
Mac’s falls into the Orange Zone, where eating inside is illegal. Despite summons from the State Liquor Authority (SLA) and the office of the state health commissioner, restaurateurs continued to serve food and drink. Although it was given to bosses free of charge, the law does not allow service during the pandemic, per Governor Andrew Cuomo’s mandate.
“We are urging our friends in the restaurant business to be as resilient as possible while we appeal this decision,” lawyer Mark Fonte, who was not present at the scene, later told Advance. He, along with Lou Gelormino, represents the tavern in its battle against the state and the city. Gelormino was inside the company as agents handed out summons. He himself received one for $ 5,000 because he was considered an employee of the company when the sheriffs arrived at the scene.
Mac’s Public House on Tuesday, December 1, 2020 (Courtesy of Rob DeLuca)
“From what I understand he is arrested because he did not want to leave [his business], and at that time … they considered it to be an intrusion, ” Gelormino said. “I would like to know why his lawyer received three summons to just be there and be peaceful, respectful and calm, and each of these agents can attest to that.
When asked where his client was, Gelormino replied, “He’s on his way to the sheriff’s office right now, where, they’ve assured me … they’re going to issue him an appearance ticket and release him.” , for criminal intrusion because he wouldn’t. t leave his own establishment.
“These sheriff’s officers are budding cops,” Fonte told Advance. “This is what happens when little people have a little power. Each of them will have to answer to a federal judge. The issuance of summons to a lawyer to represent his client will not be treated lightly. I would immediately advise the issuing sheriff to hire a lawyer.
Artist and political activist Scott LoBaido was also on stage. Some spectators seemed agitated by the events.
“COVID is a **** bull!” a man shouted in front of the restaurant.
Lanza took a more courteous approach with the agents. “We respect you, each of you,” he said. “But we also have questions… as American citizens. You just took one of our constituents, one of our neighbors, a business owner, handcuffed. I asked why … this piece of paper does not authorize an arrest. If there was another reason you arrested him, I’d like to know what it is.
Since Mac’s Public House took a firm stand on November 20 to continue eating indoors during the pandemic, a myriad of agencies have cracked down on the tavern. The property is still open for indoor service despite its Orange Zone designation – and still serves food and drink.
Mac’s Public House on Tuesday, December 1, 2020 (Courtesy of Rob DeLuca)
“If you get in on Mac, it’s free,” McAlarney told Advance.
He added: “If you want to donate, that’s great. If you decide to stay, even better! “
Last week, New York State issued a Section 16 order from Health Commissioner Dr. Howard A. Zucker directing Mac to follow the orders. Failure to follow the law can result in fines of up to $ 10,000 per day. Additionally, SLA suspended its liquor license on Nov. 27 by unanimous vote because it felt that continued operation threatened public health and safety.
An SLA spokesperson issued a statement on behalf of the state earlier in the week. He said the free product was not a “loophole,” that a license was required to serve alcohol.
“COVID-19 does not respect autonomous zones, nor does the sheriff. There are consequences to endangering your neighbors in a pandemic, ”Mitch Schwartz, director of rapid response and deputy press secretary in the mayor’s office told Advance.
“Restaurant owners work hard every day before COVID and during COVID to keep our customers safe when they eat at our establishment,” a borough restaurant owner said of the state of the food industry . He added: “More than ever, everything is risky and no reward.”
Lanza continued to demand an explanation for the apparent arrests. “So I see you have the power to arrest people who are sitting in their own establishment, on private property,” he said. “Stick around. Here on Staten Island we love law and order, but what I just saw here… it really deserves an explanation. Because it really confuses us all here.… I can you. say, as a lawyer, this piece of paper did not authorize what you did here.
“… At some point, someone will have to answer for what happened here. Because it is wrong.
(It’s a developing story. Reporters Irene Spezzamonte and Victoria Priola are in the field.)
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