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East Hampton Village Shopkeeper vs. the ‘Taste Police’

Thu, 12/12/2019 - 13:40

Code ‘outdated,’ Petit Bleu lawyer says

Colleen Moeller took her lawyer, Daniel Rodgers, and the dog that got her in trouble with village code enforcement to East Hampton Town Justice Court on Monday. 
Jamie Bufalino

The owner of Petit Bleu, a children’s store in East Hampton Village, who was cited by code enforcement last month for placing two stuffed golden retrievers, one adorned with a “welcome” sign, at the entrance to her shop, contested the summons in East Hampton Town Justice Court on Monday. 

Colleen Moeller, the owner, said she had placed the toys outside to let customers know that her store, which is located in the Reutershan parking lot, is a year-round business. Given the number of shops that pop up in the village during the summer, and then close in winter, “people need to be able to differentiate, ‘Is she open or is she closed?’ ” she said. During the summer, Ms. Moeller said she had received and paid for a citation for having placed a stuffed giraffe in front of her store.

According to the most recent summons, issued by Robert Jahoda, a code enforcement officer, the dogs were placed in a “manner to attract the attention of the public,” which is not permitted by village code.

Ms. Moeller was represented by Daniel Rodgers, an attorney, on Monday. The law his client is being accused of breaking is “outdated,” Mr. Rodgers said prior to his appearance before Town Justice Lisa R. Rana. “Maybe it made sense at one time, but it’s making it impossible for businesses to exist. The taste police need to understand there are limits.”

Mr. Rodgers said the village has been inconsistent in enforcing its code. It allows businesses such as Stop and Shop and Wittendale’s florist to display items for sale outdoors, but cracks down on Ms. Moeller for trying to attract customers by displaying her wares. Stop and Shop and Wittendale’s are allowed their outdoor displays under New York State laws relating to agricultural businesses, said Mr. Jahoda yesterday.

In addition to citing Ms. Moeller, Mr. Rodgers said, the village also issued a citation to her landlord, a company that is part of the estate of Ben and Bonnie Krupinski. “They’re trying to crush her spirit, and that’s just wrong,” he said.

Even given the code, however, he believes Ms. Moeller is innocent. “The village allows you to put a sign outside the store indicating the hours of operation,” he said. The section of the code he referenced permits “signs on commercial premises stating hours of operation, provided that such signs do not occupy more than one square foot.”

Since the stuffed animals have gotten her into trouble, Ms. Moeller suggested on Monday that the village allow all the shops in the commercial district to display a tastefully-designed sign with a uniform message: “East Hampton. Shop Local. Open.”

“If not a dog, why not a sign?” she asked.

Ms. Moeller’s trial date was scheduled for Jan. 13.


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