Costello's Restaurant is once again dark, pending review in Cayuga County Court.
The County Board of Health snuffed out all Christmas cheer two weeks ago by citing the bar's owner with a Clean Indoor Air Act violation.
Owner Patricia Glanville said that the order is “indirectly” related to the smoking issue that she has spent the past three years fighting.
She will appear in court Dec. 18 before Cayuga County Surrogate Judge Mark Fandrich.
Glanville said the county served her with a show cause order Nov. 28 and her business has been closed since then.
Her lawyer, Kenneth P. Ray, of Utica, said the health department brought the order to enforce the act.
“There are no new charges,” Ray said.
“When the county presented the order, it was for flat out closure,” he said. “We claim that this order is not based on substantial evidence.”
Ray said when the case was settled earlier this year at a Cayuga County Board of Health hearing, Glanville was told to take down smoking allowed signs and get a food service permit. She complied with the order, according to her lawyer, but when she applied for the food permit, the county did not give her one. He said they were supposed to inspect in 21 days, but they didn't.
In return, Glanville is presenting the court with a show cause order asking that closure be stayed, pending an appeal by Article 78.
This article deals with the civil practice of laws and rules by a government body, in this case the County Board of Health.
“They're trying to go back on their settlement of last year,” he said.
Ray plans to submit a transcript of testimony at an earlier hearing before the Health Department. That decision, rendered by Fandrich, stipulated exactly what Glanville had to do to comply with the act.
She had been charged with allowing people to smoke in her restaurant May 3, and with not having a food permit. After being fined $1,000 for that incident, where three of her customers admitted smoking after she had warned them not to, she attempted to follow the judge's order, according to her lawyer.
Ray noted that the three witnesses were charged $100 for violating the act.
“There has not been another prosecution of a customer who smokes,” he said.
“Did she violate Judge Fandrich's order stipulating what she had to do?” Ray asked. “They've singled out my client.”
Staff writer Kathleen Barran can be reached at 253-5311, ext 238 or kathleen.barran@lee.net
Owner Patricia Glanville said that the order is “indirectly” related to the smoking issue that she has spent the past three years fighting.
She will appear in court Dec. 18 before Cayuga County Surrogate Judge Mark Fandrich.
Glanville said the county served her with a show cause order Nov. 28 and her business has been closed since then.
Her lawyer, Kenneth P. Ray, of Utica, said the health department brought the order to enforce the act.
“There are no new charges,” Ray said.
“When the county presented the order, it was for flat out closure,” he said. “We claim that this order is not based on substantial evidence.”
Ray said when the case was settled earlier this year at a Cayuga County Board of Health hearing, Glanville was told to take down smoking allowed signs and get a food service permit. She complied with the order, according to her lawyer, but when she applied for the food permit, the county did not give her one. He said they were supposed to inspect in 21 days, but they didn't.
In return, Glanville is presenting the court with a show cause order asking that closure be stayed, pending an appeal by Article 78.
This article deals with the civil practice of laws and rules by a government body, in this case the County Board of Health.
“They're trying to go back on their settlement of last year,” he said.
Ray plans to submit a transcript of testimony at an earlier hearing before the Health Department. That decision, rendered by Fandrich, stipulated exactly what Glanville had to do to comply with the act.
She had been charged with allowing people to smoke in her restaurant May 3, and with not having a food permit. After being fined $1,000 for that incident, where three of her customers admitted smoking after she had warned them not to, she attempted to follow the judge's order, according to her lawyer.
Ray noted that the three witnesses were charged $100 for violating the act.
“There has not been another prosecution of a customer who smokes,” he said.
“Did she violate Judge Fandrich's order stipulating what she had to do?” Ray asked. “They've singled out my client.”
Staff writer Kathleen Barran can be reached at 253-5311, ext 238 or kathleen.barran@lee.net
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