East Hampton Town Justice Lisa R. Rana issued a split decision on Monday in the case of Colleen Moeller, the owner of the Petit Bleu children’s store in East Hampton Village who had been cited with two code violations for placing stuffed animals and a chalkboard at the entrance to her Park Place shop.
Justice Rana found Ms. Moeller guilty of violating the village's sign code by exhibiting the chalkboard, which had the words "Welcome to Petit Blue" written on it. According to the code, "no signs or other advertising structures used to attract the attention of the public shall be located in any public place."
During Ms. Moeller's trial testimony, Justice Rana noted, she stated that she had placed the chalkboard outside to welcome visitors, and to let shoppers know that her store was open for business.
On the second count, the improper display of merchandise outdoors, Ms. Moeller was found not guilty.
"The people have failed to prove beyond a reasonable doubt that the items placed on the exterior of the retail store were goods and merchandise," said Ms. Rana.
Robert Jahoda, the code enforcement officer who cited Ms. Moeller, had testified that the items on display were similar to those inside the shop, but Ms. Moeller said they were not for sale, but simply items to entertain children. A large stuffed golden retriever that she had placed outdoors, she said, had been a gift given to her when she opened the store. Furthermore, said Ms. Rana, "Officer Jahoda conceded that he did not observe price tags on the items."
Justice Rana directed Ms. Moeller to appear in court for sentencing on March 16 at noon.
Ms. Moeller's attorney, Daniel Rodgers, said in an email Monday that the village's "antiquated" sign law, enacted over 100 years ago, "seems entirely inappropriate, meaningless and mean spirited" in today's brick-and-mortar business environment, "particularly with competition from online retailers."