Records obtained this week by this newspaper show that Southampton Town has levied three formal charges against one of the event companies that produced a July 25 concert in Water Mill by the Chainsmokers, the chart-topping duo of D.J.s known for catchy electronica anthems and collaborations with other popular artists.
In the Know Experiences, a foreign limited liability company whose co-founder, Seth Kaplan, has an address in East Hampton, has pleaded not guilty in Southampton Town Justice Court. Kara Bak, an assistant Southampton Town attorney, said by email on Monday that "at this point there has not been assessment" of possible fines.
One charge alleged violation of the event permit; specifically, keeping people out of the area between the stage and the first line of parked vehicles -- a spot that came to be known as the V.I.P. area. Videos posted on social media showed fans dancing close to one another there. That, in turn, led to another charge, for In the Know's alleged failure to "adhere to requirements for maintaining social distancing and the wearing of masks." The third charge cited failure to notify neighboring property owners by mail that the event was to take place, which is standard for large events on private properties in Southampton.
The "Safe and Sound" concert, as it was dubbed, was held on July 25 at Nova's Ark, a 95-acre parcel that is the legacy of the late artist Mihai Popa, who was known as Nova. His distinctive sculptures can be seen throughout the expansive property, which often hosts tours for visitors and other private events. The concert drew criticism for its size — approximately 3,000 people attended, paying as much as $2,500 per person for entry.
A town official told The Star in early August that the event companies, which at that time included Invisible Noise, received one written citation covering multiple town code violations. It was unclear what the charges were at the time, and the town denied The Star's Freedom of Information Law request seeking copies of the documents. On Monday, after a formal appeal was filed with Southampton Town Attorney James Burke, the town reversed its decision to withhold the documents.
According to a letter to Mr. Kaplan, dated July 25 and signed by Ryan Murphy, Southampton's code compliance and emergency management administrator, the town is demanding that Mr. Kaplan's company provide proof that written notice was sent to the adjacent property owners. The town is also encouraging In the Know Experiences to identify which fans were in the V.I.P. area, and urge them to get tested for Covid-19, "so as to ensure an exposure did not occur in that area." Mr. Murphy also indicated that future event permit applications will not be approved unless certain conditions are met.
Efforts to reach Mr. Kaplan and his company this week were unsuccessful.