Nassau fire marshal: Fundraiser violated pandemic guidelines

The Nassau County fire marshal's office issued a warning last week to a Franklin Square restaurant for violating COVID-19 restrictions when they hosted a Republican fundraiser with 200 people last week for Hempstead Supervisor Don Clavin.

Fire marshals visited the Plattdeutsch Park Restaurant and Catering Hall last week after receiving a complaint about Clavin’s Oct. 27 event with about 200 patrons seated at tables outside.

Fire marshals reviewed photos from the event that showed tables spread apart and most people wearing masks, as well as public statements made by Republican and campaign officials.

"It was determined that the event violated the mandate against social gathering in excess of 50 people," Assistant Chief Fire Marshal Michael Uttaro said in a statement Thursday. "Holding a social gathering in excess of 50 persons under the guise of a dinner reservation is not permissible under (state) guidelines."

The fire marshal issued a warning on Oct. 30 to the restaurant’s management and provided written guidelines on allowable social gatherings of up to 50 people and two minor fire code violations.

No violations or warnings were issued by fire officials to the campaign organizers because the venue was deemed the responsible party, Uttaro said.

Officials for the campaign and the GOP could not be reached for comment.

Republican officials had said all public health measures were taken, including attendees registering in advance, their temperatures checked before entering and the tables of 10 each spaced about 10 feet apart.

Guests were required to wear masks when not seated, and officials assigned social distancing monitors to keep people from leaving their tables and mingling. Guests were also asked if they had traveled out of state and followed quarantine requirements.

The venue can host up to 2,400 people, but fundraisers, weddings or birthday parties are considered special gatherings limited to 50 people, according to state guidelines.

"We believe they genuinely thought the event attended by numerous politicians and elected officials was permitted," Uttaro said. "Everyone shares the guilt and the organizer should have known 50 people or more was prohibited. In this case, they used a gray area. They thought they were doing it right, but the same group can’t be dining in a restaurant and mingle."

Fire marshals did not ticket the venue because they did not witness the violations, Uttaro said. He said the restaurant notified Clavin's campaign of the violations, but campaign organizers were not directly contacted by fire marshals.

The violations were reported to state officials and the State Liquor Authority, but the state has not taken any additional action, deferring enforcement to local authorities.

The governor's office could not be reached Thursday.

He said the county followed its stepped-up enforcement policy of first issuing warnings for having events, such as weddings and birthday parties, that violate guidelines. Tickets and fines can be given to repeat offenders.

Organizers of events held in public spaces, such as a park, would be held responsible for violations, Uttaro said.

Nassau County fire marshals have ticketed some events in progress, such as a birthday party with 89 people last weekend in Bethpage.

Fire marshals were referred by the county health department and issued tickets after complaints of a party held in a tent on the property of a Bethpage restaurant.

By John Asbury

john.asbury@newsday.comJohnAsbury

John Asbury is a breaking news and general assignment reporter. He has been with Newsday since 2014 and previously worked at The Press-Enterprise in Riverside, California.