Southold Town Asks Special Counsel To 'Expedite' Vineyard 48 Litigation: Supervisor

CUTCHOGUE, NY — A couple having sex on a family's lawn in full view of a 12-year-old girl. A woman walking drunk on County Road 48. A list of alcohol overdoses, according to police reports — all were complaints listed by Cutchogue resident Bill Shipman who came before the Southold Town board Tuesday night to plead for help issues he believes have been sparked by Vineyard 48, a winery he says continues to pose health and safety concerns and shatter the bucolic quality of life for the surrounding community.

Bill and Beth Shipman, for years have been before with the town board about traffic concerns, quality of life issues stemming from loud noise, obscenities being shouted over a loudspeaker at the winery, and reported sex acts in the bushes — all stemming from a raucous crowd at Vineyard 48.

Tuesday night, Shipman listed recent offenses, including a woman who reportedly was walking inebriated on Route 48, and a number of incidents of alcohol poisoning he said police have reported at the business.

Shipman then read the names of a list of wineries and local pubs, none of which he claimed have seen the number of alcohol overdoses that have reportedly occurred at Vineyard 48; 6 were reported last year and 2 in recent weeks at the business, Shipman said.

"Why is this happening there?" Shipman asked.

"Irresponsible and grossly negligent" management, Southold Town Supervisor Scott Russell said.

The supervisor said the town hired special counsel to address ongoing litigation and asked them to look into speeding up the process. "We are frustrated with the pace of the legal process and asked special counsel to do all he can to expedite it," Russell said.

"Someone has to do something," Shipman said.

Russell said the town board had discussed the matter in executive session. "Efforts need to be made to hold people accountable. We agree 100 percent," the supervisor said. "We all share your frustration."

Shipman said he was imploring his elected officials to "help weed out corruption in the State Liquor Authority."

In 2016, the Shipmans said they were heartsick over a ruling by the New York State Liquor Authority they said was a "slap on the wrist".

Russell said he has a "problem with an agency putting rules in place required to enforce its own rules."

He added that the town has several pending actions regarding Vineyard 48.

Councilman Bob Ghosio said while Governor Andrew Cuomo is looking to expand that type of winery industry statewide, "The SLA can't seem to get a handle on one bad apple. It doesn't make sense to me."

"Somebody's paying somebody. That's the part that makes sense," Shipman said.

Ghosio said other winery owners he's spoken to "are not happy" about the happenings at Vineyard 48. "It's putting a black eye on their industry."

Russell said he did not agree that Vineyard 48 was the only winery to see alcohol overdoses; there have been alcohol poisonings at other places in town, he said, but added that Vineyard 48 was "despicable" in its management.

The supervisor agreed to organize a meeting with state representatives to address the problems.

Peter Sullivan, attorney for Vineyard 48, said, "We have consistently proven that these allegations are not true. We are willing to forward to a newspaper or anyone copies of all document and evidence that shows, number one, that Vineyard 48 has far fewer instances of inebriated customers than many of the other wineries and the extent to which this happens is less than most other licensed facilities in general."

He added, "Moreover, Vineyard 48 has the only and most comprehensive traffic control consultants and team to ensure that its impact on the neighboring streets is less than any other winery on the North Fork. For example, there is no illegal street parking at Vineyard 48, as there is at other wineries."

Sullivan also said, of the reported sex in the neighbor's yard, "We have security on the road and for years it has been our policy that no one goes on the road unless they live in the neighborhood."

The family who said they witnessed the sex act in their yard did not file a police report, they said.

According to William Crowley of the SLA, "The SLA voted to revoke Vineyard 48’s license on December 17, 2013. The licensee filed an Article 78 proceeding and received a stay. A ruling in State Supreme Court on November 5, 2014 that dismissed three charges was upheld by a January 28, 2016 decision by the Appellate Division, First Department that remanded the case back to the SLA for a more appropriate penalty. Following this decision, the SLA was compelled to impose a penalty based on just three violations, rather than the eight originally charged. Additionally, when the SLA made its determination, Vineyard 48 had no prior history of violations with the SLA."

Crowley added that the SLA currently has a pending revocation proceeding against Vineyard 48 for charges filed on September 1 of this year.

"Charges include failure to supervise based on overcrowding, overserving and altercations breaking out, selling alcohol to a minor, sustained pattern of noise, and becoming a focal point for police attention," Crowley said.