Port Times Record

Danford’s was cited for violations by the New York State Liquor Authority July 4. Meanwhile, bars say current restrictions could suck any business they could have during reopening. Photo by Kyle Barr

Over the past weekend, 84 restaurants and bars in downstate New York were cited with violations to COVID-19 guidelines by the State Liquor Authority. A total of 10 establishments on western Long Island and New York City had liquor licenses removed. 

Bench Warmers Tavern & Grill in Mount Sinai has an outdoor deck, to the left of the artwork, built specifically to help comply with state orders. Owner of the sports bar Jim Dunn said nobody uses it because of the heat. Photo by Kyle Barr

Though Monday Gov. Andrew Cuomo (D) said Long Island and New York City are stepping up their enforcement, it’s a new point in the continuing contention between bars and New York State over social distancing restrictions. While other states across the country see record spikes,the governor has mentioned the possibility of scaling back reopening of bars and pubs, though owners say that would kill their businesses.

Documents released by the state reveal 16 of the 443 establishments which were cited for distancing violations from March to July 22 were in Suffolk County, though none were issued in this most recent round of investigations. Among those on the North Shore, only Danfords Hotel &, Marina in Port Jefferson and Pancho Villa’s in Huntington have previously been cited. This was out of 1,080 SLA investigations in New York, according to a release from the governor’s office. That office has not responded to requests for comment about the specifics of those citations, or about where the 84 new violations have come from this past weekend’s efforts.

“We are very proud of what New Yorkers did to flatten the curve of the virus, but we have to protect our progress because no one wants to do that again,” Cuomo said in a release July 24.

On Monday, the governor said there had been no summonses on businesses failing to follow coronavirus guidelines.

Earlier in July, Cuomo announced a so-called “Three Strikes and You’re Closed” initiative that means any business that receives three violations or shows an egregious disregard for the guidelines could be closed or have its license revoked. This weekend’s investigations of these establishments showed people not social distancing or wearing masks in a kind of “party-like” atmosphere, according to the governor’s office. During the pandemic, 40 establishments have had their liquor licenses revoked in total, as of July 27. Cuomo cited young people as the main reason these bars are packed and not conforming to distancing guidelines. 

“That’s not unique to New York — it’s a national problem — and even the president of the United States said young people shouldn’t go into packed bars,” Cuomo said.

Danfords was cited on the Fourth of July for failing to conform to distancing guidelines. A representative of The Crest Group, which owns Danfords, did not respond to requests for comment.

Pancho Villa’s was cited June 26. Restaurant owners could not be reached for comment.

The governor indicated last week that if we see more failure to social distance in bars, the state may roll back reopening regarding these establishments. 

It’s a hard line to follow, especially as New York hovers over a 1 percent regional infection rate. If that number increases past 5 percent, schools will not be able to reopen in the fall. Above 9 percent, the governor will start to roll back on the reopening process that counties across the state managed to make over the past two months.

But for bars and other restaurants that sell alcohol, it’s a roller coaster bringing them undue anxiety, even as they try to make guidelines.

Mount Sinai’s Bench Warmers Tavern & Grill co-owner Jim Dunn said it’s been tough to follow what has been, from the ground level, seemingly haphazard orders from New York State. Business has been hard, he said, even after reopening. He’s gone from 10 tables in the dining area to four and from 12 barstools to six along the bar with only three bar tables. He built a deck patio that now has five tables on it, but with the recent heat wave, very few customers have dared sit outside and eat.

Though he said he’s been doing everything to comply with state regulations, the constant changes have been disruptive. The worst order for his restaurant, he said, has been the requirement that people must order food if they are to order drinks. 

“A guy who’s a contractor can’t just come in and have a beer after work, because he has to have a beer with dinner,” Dunn said. “They’re trying to put the restaurant business out of business — every week there’s a different thing with this governor.”

File photo

Suffolk County Police arrested four people the night of July 29 for allegedly selling E-liquid nicotine, in the form of JUULpods, to minors at businesses located in Mount Sinai, Medford, and Centereach.

In response to community complaints, 6th Precinct Crime Section officers, in conjunction with representatives from the Suffolk County Department of Health Services Tobacco Regulation Enforcement Unit, conducted an investigation into the sale of E-liquid nicotine to minors, during which five businesses were checked for compliance on July 30 between 6 p.m. and 11 p.m. Those businesses that were found to not be in compliance were issued a notice of violation by the Suffolk County Department of Health.

The following clerks were arrested and charged with unlawfully dealing with a child 2nd degree after they sold E-liquid nicotine to a minor:

  • Nalin Kaushik, 22, employed at Barcode Hookah and Smoke Shop, located at 39 Route 25A in Mount Sinai
  • Dylan Kincel, 19, employed at Vapor Nation, located at 331 Route 25A in Mount Sinai
  • Anthony Mazza, 21, employed at Hookah City, located at 2717 Route 112 in Medford
  • Mario Hawk, 24, employed at Hemp Clouds, located at 1515 Middle Country Road in Centereach

All four clerks were issued Field Appearance Tickets and are scheduled to appear in First District Court in Central Islip at a later date.

The Brookhaven Landfill is set to close in 2024, but while the town has put aside money towards that end, a concrete plan has yet to materialize. Photo from Google maps

The inevitable closure of the Brookhaven Landfill in 2024 looms large on Long Island and the surrounding region. The burden of how to dispose of millions of solid waste still remains unresolved. The Town of Brookhaven has been considering its options, and one of them could be a new ashfill just east of where the current landfill is located in Brookhaven hamlet. 

Ed Romaine. Photo by Kyle Barr

Town Supervisor Ed Romaine (R) said 500 acres of additional land owned by the town could be used for such a site. 

“There are probably 200 acres that we could take a look at for a regional ashfill,” he said. “We are looking to get feedback from other municipalities, we are in the premature stages.”

The site would handle only ash, and the town would not take any construction and demolition debris. While the money brought in from an ash site would bring in much-needed funds to Brookhaven, Romaine said it still leaves them with the issue of the construction and demolition debris, adding that with the closure of the landfill and no alternative for an on-Island site accepting that refuse, it would cause a crisis in the construction and building industry.

Currently, the Brookhaven Landfill handles over 350,000 tons of ash annually from energy-from-waste facilities, in addition to handling 720,000 tons of solid waste. Each day 2,000 trucks transport waste off the Island

Romaine said he hasn’t had any direct conversations with state officials or the state Department of Environmental Conservation on the idea of a new ashfill site. Though he mentioned some members of his staff may have had conversations on the matter. 

For such a site there would be the need for an environmental impact study as well as DEC approval. The Town Board would also have to make a decision as well. 

Though news about what could be another site of dumping in an area that has already complained about odor issues has not gone well with town critics.

Will Ferraro, activist and a 2019 Democratic candidate for Brookhaven supervisor, has created a petition against the proposed ashfill site. He said an ashfill site does nothing to solve long-term fiscal problems. 

“Instead of making a proposal to solve our long-term solid waste crisis and the serious environmental health issues related to it, this will only exacerbate the threats to our air quality and groundwater,” he said. 

Ferraro created the petition following a Newsday blog post discussing the potential ashfill site. His petition, “Say No to a Second Landfill in Brookhaven,” begs the Town Board to reject any proposals relating to a second landfill or ashfill site, as well as to develop a “comprehensive proposal to deal with our solid waste crisis, that can be brought to our regional partners at the state, county and town levels,” among other demands. 

Romaine reiterated that the town is not considering a second landfill, but only an ashfill. Back in February at a Long Island Regional Planning Council panel, the Brookhaven supervisor called for collaboration to solve what he called a “regional crisis.” 

In a June 15 letter to the council, Romaine reaffirmed his stance by urging it to work with the 13 towns, two counties, two cities and the New York State Department of Environmental Conservation to develop solutions. 

“Even if we are able to do so now, it will still take several years to implement any changes,” he said, adding, “If we don’t address this issue now, it is going to be yet another thing that will make Long Island a less desirable place to live and work.” 

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Comsewogue’s reopening plans include students at Clinton Avenue Elementary School will be taught in alternating classes of Blue and Gold, with teachers rotating between classrooms. File photo

Following survey responses from parents and community members, the Comsewogue School District released its kindergarten through sixth-grade reopening plan, ahead of the state’s July 31 deadline. More details of the reopoening plans are available on the district’s website at  www.comsewogue.k12.ny.us.

During two public forums with parents on July 27 and 28, the district outlined the reopening plan and answered questions.

“I’m glad we were able to develop a safe plan to bring our elementary students back,” said Comsewogue Superintendent Jennifer Quinn. 

To deal with the time it would take to implement temperature checks/COVID screening for students and staff, the district will be adjusting the arrival time as well as shortening the school days from eight periods to seven periods. 

“In order to make up for that time we will be doing a districtwide character education program that will be run remotely,” the superintendent said. 

The maximum class size will consist of 15 students socially distanced. A typical class of 25-30 students will be divided into two groups, Blue and Gold. Each of those groups will be placed in a classroom for the entire day. Teachers will rotate three periods in each class, the remaining periods will be handled by other staff members. Aides will monitor hallways/rooms between transitions. Lunch will take place in the classroom. 

Quinn said they will combine reading teachers, librarians and math/Academic Intervention Services teachers to help fill in the remaining periods. 

“We are not just putting in substitute teachers for half the day; they’ll be with certified teachers and in small groups,” Quinn said. 

Transporting students to and from schools will no doubt be a challenge. The district is encouraging parents to drop off their children at school each day, and if they live close enough, consider walking them to school.  

For those coming to school by bus, students will be required to pass a COVID-19 screening and undergo a temperature check at their respective bus stop. There will be monitors at each bus stop.

Once all students are cleared, they will board from the back of the bus and will sit socially distanced and are required to wear a mask. Students will leave from the front of the bus. Disinfecting the buses will occur between school routes. Parents who drop off their children will also be required to undergo a COVID screening and temperature check from their car. Drop-off locations will be separate from the school buses, according to Susan Casali, associate superintendent. 

Parents were concerned of what would happen to their child if they were deemed sick or had COVID-19 symptoms. Quinn said that students would be able to resume class work online and would need a doctor’s note to return to school after having had quarantined. 

In addition, the district will have HVAC systems upgraded with recommended filters, install more custodial staff at each building, use electrostatic sprayers used to disinfect quickly, there will be hand wipes in each classroom as well as hand sanitizers around the building, nurse’s office used for healthy people and an isolation room used for sick people. 

Before and aftercare will be provided at each elementary school. 

“We will be keeping [before and aftercare] in the gymnasium because it is our largest area that won’t be used,” Casali said. “They will be arriving wearing masks and will be six-feet apart.”

All pickups of children will be done in a designated area, parents will not be allowed to enter the building. The gym area will be sanitized each day. In the event students are not able to go outside for recess they will be able to use that space. 

Special education programs will continue. The district is asking all parents to complete a mandatory form to let them know if their child will be attending school in-person or virtually to begin the school year. The decision will be in effect from the first day of school through Dec. 31. The district said it has purchased enough Chromebooks for all students. 

Comsewogue plans to host future meetings to talk specifically about grades 7-12 plan.

More school districts will be releasing their reopening plans in the coming days. Check back at www.tbrnewsmedia.com for the latest on reopening plans.

The southern pine beetle has been spotted in the Rocky Point Pine Barrens Preserve. Photo by Giselle Barkley

Suffolk County Executive Steve Bellone (D) and the county Legislature agreed to withdraw a resolution that would have diverted money from the land preservation program over a three-year period to help to close the county’s budget gap. 

SBU’s Christopher Gobler, with Dick Amper, discusses alarming trends for LI’s water bodies at a Sept. 25, 2018 press conference. Photo by Kyle Barr

The ballot measure called for increasing the percentage of sales tax that is allocated to the Suffolk County Taxpayers Trust Fund and decreasing the percentage of sales tax that is allocated for the Suffolk County Environmental Programs Trust Fund. Bellone withdrew the bill an hour or so before the Legislature was set to vote on it in a July 28 special meeting.

Richard Amper, executive director of the Long Island Pine Barrens Society, said that the decision was a good result for the people of Suffolk County. 

“It took him [Bellone] a long time to reach a simple conclusion,” he said. “It would have killed a program that has been around for over 30 years. It is a commitment to water quality and land preservation.”

In the past month, the county executive has criticized Amper during calls with press for what he said was a misrepresentation of what the bill would do, and that Suffolk County would need to cover budget gaps due to the pandemic or suffer dire consequences. 

The decision comes after the Legislature last week voted 14-3 to approve another ballot measure that would transfer excess funds from the county’s sewer stabilization reserve fund to the general fund in an effort to budget deficits from the coronavirus pandemic. That referendum will come in front of voters Nov. 3.

Amper said he felt the Bellone administration was so concerned with the possibility both propositions could be lost when residents voted on them in November that the administration chose to stick with one instead of being “left with nothing.” 

Bellone confirmed this assessment in a statement. 

“We have come to an agreement to withdraw this resolution in order to focus our efforts on ensuring the passage of the ballot referendum regarding the Assessment Stabilization Reserve Fund,” he said. “I am also pleased that several key players within the environmental advocacy community have indicated that they will not jeopardize the approval of this pending ballot measure and instead leave it in the hands of the voters.”

Environmental groups were concerned that taking away funds from the drinking water protection program would cause more harm than good. The program was established through a public referendum back in 1987.

Under the program, revenues from a 0.25% sales tax are divided between sewers land preservation, property tax stabilization and water quality funds. 

“This is one of the most important environmental programs in Suffolk County,” said Adrienne Esposito, executive director of the Citizens Campaign for the Environment. “[Water quality] is not a partisan issue, everyone needs clean water and they benefit from this program.”

Suffolk County Executive Steve Bellone. File photo by Alex Petroski

Still, the loss of this potential referendum leaves Suffolk County in potentially dire straits. A report of both Nassau and Suffolk finances released in early July said Long Island lost 270,000 jobs during the peak of the pandemic. Total job losses could eclipse 375,000 compared to pre-COVID levels. County leaders have constantly petitioned people to reach out to federal representatives to beg for budgetary relief.

The subsequent withdrawal and earlier ballot approval on the sewer fund is the latest instance of the county attempting to divert money from environmental protection funds. 

Back in 2011, the county borrowed $29.4 million from the sewer fund in order to balance the budget under former County Executive Steve Levy. The Pine Barrens Society sued the county, and won. The move was deemed illegal by the state appeals court in 2012 because the county failed to get voter approval. 

The county appealed that decision and lost again. The Appellate Division in Brooklyn ordered the county repay the funds last year.

Amper said the county is using the environmental programs as its piggy bank and sees voters as a way to “legally” take funds away. 

“The county doesn’t manage its fiscal affairs very well, they’re billions of dollars in debt,” he said. “The public put that money aside for a reason.”

Suffolk County Executive Steve Bellone. File photo by Alex Petroski

During a press conference July 28 at the Long Island Council on Alcoholism and Drug Dependence, Suffolk County Executive Steve Bellone (D) and Nassau County Executive Laura Curran (D) made the case for what’s at stake for Long Island the day before heading to Washington to urge the congressional delegation to provide financial support for the area.

In the wake of the COVID-19 crisis, which claimed the lives of close to 2,000 Suffolk County residents, Bellone and Curran urged the federal government to appreciate what was at stake as residents continued to deal with the mental health consequences of a deadly virus, job losses, and ongoing fear and uncertainty.

Indeed, the 64-year-old LICADD has had a 20 percent uptick in calls as people grapple with mental health problems and anxiety, Steve Chassman, the executive director of LICADD said.

“Many people have crossed an imaginary line, where the 6 p.m. drink became the 2 p.m. drink,” Chassman said in an interview. For some, that has even developed into an “11 a.m. drink.”

Data from police have shown the number of opioid overdoses, both nonfatal and fatal, have increased dramatically since the start of the pandemic, rolling back almost two years of decreases.

At the press conference, Bellone and Curran said they believe the long road to recovery ahead for Long Islanders requires the ongoing support of services like LICADD and the Hempstead-based Family & Children’s Association.

Bellone said he and Curran were heading to Washington to make it clear “we’re talking about people’s lives and families in crisis.” These type of services, including public safety, public health, social services and mental health, are “even more important today” and will be critical as “we seek to recover from this over the next several years.”

Long Island has been battling an opioid crisis that has wreaked havoc throughout the region. The pandemic has increased the risks from opioids, among other drugs, even as Nassau and Suffolk are “still dealing with the direct impacts.”

Jeffrey Reynolds, the president and CEO of Family & Children’s Association, suggested that it “makes no sense to help save someone’s life from COVID-19 only to have them die from a fatal overdose or suicide.”

He called the current challenges among Long Island’s “darkest hour,” which is “exactly what we are seeing on the ground.”

Reynolds noted that social isolation has strained the mental health of individuals and families. In the last two weeks, Reynolds has seen three overdoses, including one of his former staff members.

Reynolds urged Washington to recognize the need for mental health services is just as critical as the need to protect people from viral infection.

“Nobody in Washington or in Albany, from either side of the aisle, would dare say, for the second, third or fourth wave of COVID that we don’t have enough money” for personal protective equipment. “This is the same. Untreated social anxiety and mental health conditions rank right up there and need our full attention.”

In an interview, Chassman added that residents have also self-medicated through other outlets, including gambling, online spending, emotional eating and sexually acting out.

“These are unhealthy coping mechanisms for fear, anxiety and stress,” Chassman said.

Reynolds offered support to the county executives as they head to Washington.

Turning to Bellone and Curran, Reynolds said, “You have our voice and our good wishes as you go forward” to make sure “these vital services” remain available to Long Islanders.

Town of Brookhaven's Cedar Beach. Photo by Kyle Barr

In response to the expected high temperatures Monday,  July 27,  and Tuesday, July 28, the Town of Brookhaven has extended the hours at Cedar Beach in Mount Sinai, West Meadow Beach in Stony Brook
and Corey Beach in Blue Point.  Lifeguards will be on duty and restrooms will be open until 7 p.m. on both days, instead of the normal 11 a.m. to 6 p.m. on weekdays.

Davis Park and Great Gun Beaches will be open as normal from 11 a.m. to 5 p.m.

The town’s Holtsville Pool will remain open as normal with two sessions daily from 9:30 a.m. to 1:30 p.m. and
2:30 pm to 6:30 pm. The pool is open for residents only. Online pre-registration and payment is required. Go to www.BrookhavenNY.gov/HoltsvillePool for more details. Social distancing is required and strictly enforced at the Holtsville Pool, town beaches and all town parks and recreation facilities.

A Brookhaven Town resident parking sticker is required for beach and pool parking. The sticker can only be
purchased online at www.BrookhavenNY.gov/Stickers. For more information, call 631-451-TOWN (8696) or visit www.BrookhavenNY.gov. Beaches are open to Brookhaven town residents only.

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Anthony Amen, 4th from left, of Redefine Fitness in Mount Sinai, joined the Port Jefferson Station/Terryville Chamber of Commerce July 20 to give tips about health and fitness. Amen is part of a $500 million class action lawsuit on behalf of fitness centers and gyms in New York. Photo by Joan Nickeson

At its member meeting July 20, the Port Jefferson Station/Terryville Chamber of Commerce gave out masks and sanitizer to its ember businesses, as well as participated in some outdoor exercise.

Anthony Amen, of Redefine Fitness in Mount Sinai, led the group in a healthy stretch, a walk around the chamber-owned train car at the corner of Routes 347 and 112 and provided them information about keeping their immune systems strong.

“Thinking outside … that’s it. Thinking outside,” wrote Joan Nickeson, the chamber’s community liaison.

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Scenes from the Eastern Long Island Mini Maker Faire in Port Jefferson Village June 9. Photo by Kyle Barr

Talking to the conductor once the STEM engine comes to a halt, it’s clear that for nonprofits pushing for education among young people, the track ahead is still uncertain.

Like many nonprofits, the Long Island Explorium in Port Jeff, a small haven for interactive learning on the North Shore, has been hit hard by the pandemic, but since so much of its revenue depends on schools’ field trips, the onus has shifted to a virtual approach. That, however, is something difficult for a learning center that has long emphasized interactivity.

Angeline Judex, the executive director of the explorium, said that once COVID-19 hit Long Island, her space along East Broadway was closed, while her museum employees were furloughed and her volunteers sent home. It would take until the end of April before she finally received her Paycheck Protection Program loans from the federal government, and she was able to rehire several people to help with administrative tasks. Their PPP loans will likely be exhausted by the end of July, Judex said. 

Meanwhile, all their teaching apparatus was transported online, specifically to video conferencing app Zoom. Keeping some of their regulars who often came to the explorium, they were able to transform one planned field trip into an online field trip, but the vast majority of booked school trips were canceled once the pandemic hit. 

Judex said the situation has made the explorium learn to innovate in new ways. So far they have conducted more than 80 live STEM workshops including a virtual science fair, impacting approximately 120 families and 400 students over the past few months. She said general reaction to the programming has been positive from parents and teachers alike.

“The Explorium will continue to scale up and expand on their virtual offerings over summer and beyond to ensure that students of all means, abilities and needs have access to high quality STEM programming,” she said.

One of the benefits of the last few years is that the explorium has started to diversify its revenue streams, from grants, school districts as well as individual donors. The explorium remains financially solvent, she said, despite the obvious hits from the pandemic. Much of their revenue normally came from their work with local school districts, so depending on how well districts are in the fall, which also depends on whether New York State will slash school aid, could leave the nonprofit without 30 to 40 percent of its normal revenue stream.  

“We’re hoping schools have this one year to get back to normal, and by hopefully next year things will get better again,” Judex said. 

The explorium is tentatively planning to open the museum location in August, though it will only be for private sessions, and how they do will determine if the place remains open for the rest of the fall. If not, then the museum has plans to open again in spring of 2021. Currently, she said the nonprofit has enough funds in the coffers to survive until then.  

“As a children’s museum, it’s supposed to be a high touch environment, but if they’re not allowed to touch anything, what are they going to do?” the executive director said. “That’s a huge challenge for museums everywhere, not only mine.”

After several months of hosting learning online, the challenges of keeping students’ attention became apparent. At first, Judex found their online programs became very popular, then when schools started to catch up with computer-based schoolwork, demand dropped. By April and May, she said students were tired of completing schoolwork on a computer and listening to teachers online. Judex said she’s finding the same challenge with her own children doing schoolwork from home. 

“I think I’m Zoomed out,” Judex said. “Meeting in person, there’s so much more warmth to it, whereas on a screen you have to make due. Several months of making due in virtual meetings, it was just too much.”

The explorium has three virtual summer camps coming up in the next few months, with the first one including 14 kids. The next, Judex estimated, will likely contain just 10 children.

She said her team found hosting a single Zoom call with 30 students to be nearly impossible, and they are loath to sacrifice the quality of their learning apparatus in order to facilitate more kids per group. 

“We’re not compromising on the quality of the experience,” she said.

Still, Judex said the online programs were well-received.

“The pandemic allowed us to focus even more on our mission of meeting the needs of all students regardless of means, abilities and needs as well as advance our strategic plan to explore distance learning,” she said.

Port Jefferson village Mayor Margot Garant said multiple nonprofits in the village have struggled to maintain during the worst months of the pandemic. The building the Long Island Explorium occupies right next to the Village Center is in year 12 of a 20-year lease and they are up to date with their rent at $750 a month. 

The explorium requested some kind of rent relief, and at its July 20 meeting, the village board unanimously voted to reduce the nonprofit’s rent by $250 so as to cover utilities. 

“It’s real tangible support, that every little bit counts,” Judex said.

Towards the end of summer, the explorium is crafting its Reimagining the Future strategic plan with steering committees set up with members of the community. This would outline how our explorium will move forward in the next stage of the pandemic.

One of the most well-known activities for the explorium is the annual Maker Faire in Port Jeff. This year’s event got pushed back from June to September, but this week it was announced that all of maker faires in New York State were combining forces to host the online Empire State Maker Faire Oct. 16 and 17, including demonstrations of art, crafts, technology and robotics. The event is free and open to the public. 

People can offer support to the explorium at: longislandexplorium.org/support-us/ or visit the website for a full list of programs at www.longislandexplorium.org.

This article was updated to include info about the Explorium’s future strategic plans.

This article was updated July 30 to add extra info about the explorium’s online learning live streams.

Anthony Amen, back middle, with his emplyees at Redefine Fitness in Mount Sinai. Photo from Anthony Amen

As a result of gyms and other fitness centers being taken off Phase 4 of New York State’s  coronavirus reopening plan, owners across the state, including some in Suffolk County, are suing Gov. Andrew Cuomo (D), the state attorney general and the State of New York in a class action suit. 

The suit, which was filed earlier this month in state Supreme Court by Syosset-based Mermigis Law Group, alleges that the governor’s shutdown orders violated the plaintiff’s due process. 

“The unequal, random, arbitrary and unfair treatment has continued in the reopening guidance,” the document states. “Tattoo parlors, tanning salons, health spas and dentists are allowed to open their doors, but gyms remain locked down.”

The group of businesses is suing the state for $500 million, for what plaintiffs claim is hundreds of millions of dollars in lost revenue. As a result the businesses have had to lay off at least 70,000 employees statewide. In addition, they are seeking an injunction of the executive order, so they can reopen their gyms. 

A representative from Gov. Cuomo’s office did not respond for comment in time for press time. 

According to court documents, “several hundred members” are a part of the lawsuit, though that number is expected to increase. The primary plaintiff in the case is Thousand Island Fitness Center, based in Jefferson County on the state’s northern border. The suit originated on Long Island with Charles Cassara, owner of SC Fitness, with locations in Hicksville and Farmingdale. Almost 5,000 individuals have joined Cassara’s private Facebook group Fitness Industry Vs. NY Class action lawsuit.

Anthony Amen, owner of Redefine Fitness in Mount Sinai, is one of the many gym owners represented in the suit. 

“All we’re asking for is a shot, we need to get open, let us follow all the [Centers for Disease Control] guidelines — we are not going to make it [if gyms remain closed],” he said. “You can get a massage, you can get acupuncture, you get a tattoo, you can go to a mall that is all indoors, but you can’t come to do one-on-one training.”

Amen’s gym lost about 80 percent of its clients due to the shutdown. The Mount Sinai gym owner said the last few weeks have been a whirlwind, and at one point he thought he would be able to reopen as he provides a “personal service.” 

“We reopened June 10, because I called the county and I asked them, ‘Hey, we do personal training, can I open as a personal service, do one-on-one training only, we follow all CDC guidelines.’ They told me OK,” Amen said. “Fast forward five days, I get a call from the governor’s office, threatening me with a $10,000 fine and ordering me to close down immediately and saying that I wasn’t allowed to be open. I told them that I spoke to the county, and they said the county lied to you.”

Currently gyms are only allowed to do outside training, though Amen says that for him and other gyms it is just not feasible to do that long term, especially during the summer months. Gyms were expected to reopen July 8 under Phase 4. 

“It was 90 degrees almost every day last week, totally humid,” he said. “I started training people at 9 o’clock in the morning, and even at that time it is a lot to ask of people. They are going to pass out or have a heat stroke.”

Studies on whether gyms are safe are divided. A Norwegian study, cited in the lawsuit, found that individuals who decided to work out at gyms were not at a greater risk of contracting coronavirus. On the flip side, in a paper published by the CDC, researchers in South Korea discovered 112 COVID-19 cases linked to fitness classes in 12 locations. 

Ed Darcey, owner of Personal Fitness in Rocky Point. Photo from Facebook

Ed Darcey, owner of Personal Fitness Club in Rocky Point, had similar sentiments. He too has signed onto the class action suit.

“These past 18 weeks have been really frustrating — all we want is the ability to reopen again,” he said.

Darcey, who has run his gym for the past 31 years, initially thought that his business would only be closed for a short time. That thought quickly faded as the severity of the pandemic became evident. He said believes he can run his businesses safely.

“Let us open our doors again, so we can get our business flowing,” Darcey said. “Fitness people want to help each other.” 

The Miller Place resident referred to the gyms as a “second family” to people, adding that he misses being around his clients and helping them with their goals.

“A lot of our clients here see the gym as a mental and physical outlet,” he said. “That’s been taken away from them.” 

Darcey said because of the governor’s decision, they weren’t given the opportunity to bounce back like other industries that have been given the green light to reopen, adding that ‘it doesn’t make sense that gyms are left out.

“I might be able to make it through, but some of my peers aren’t [going to],” the gym owner said. “They’ve put their heart and souls into this industry, it’s heartbreaking.”

A GoFundMe page has been set up for Darcey’s gym. At press time, $6,365 has been raised since July 1.

“Ed Darcey has supported every single person that has walked in and out of the door of that gym,” the fundraiser states.

Amen said the situation is bleak for gym owners, saying they are struggling to pay bills with no revenue coming on. 

“Gyms are rent heavy, and payroll light — we are still getting billed,” he said. “We are trying to get the landowners involved in the lawsuit because rent payments are the biggest expense and it is unfair for them too.”

The gym owner feels frustrated being left out in the dark. 

“We don’t get into this business to make money, we do it to help people,” Amen said. “How are we not relevant — it’s unfair, we need to be heard.”