Promoter Of Southampton Concert Slapped With $20K Fine: Cuomo

SOUTHAMPTON, NY — Promoters of a charity drive-in concert in Southampton that sparked fury after people in a VIP area were seen packed closely together near the front of the stage and dancing, with social distancing protocols abandoned, will be slapped with a $20,000 fine, Gov. Andrew Cuomo said Wednesday.

Promoters will be fined for violating an executive order regarding public health law, Cuomo said. In addition, he said, Southampton Town will be sanctioned and cannot approve permits for group gatherings moving forward without state approval.

Cuomo said the Department of Health charged "In the Know Experiences," the concert promoter involved in the July concert in Southampton featuring the band The Chainsmokers, with holding a non-essential gathering and failure to enforce mask wearing.

"As I said immediately following reports of this event, it was an egregious violation of the critical public health measures we have had in place since the beginning of this pandemic to protect New Yorkers from COVID-19," Cuomo said. "We will continue to hold people and businesses accountable for their actions and the local governments must enforce the rules or else we will hold them accountable as well."

On July 25, "In the Know Experiences" held the "Safe and Sound Concert Series" featuring the Chainsmokers at Nova's Ark Project in Water Mill. The Town of Southampton issued the promoter a special event permit for the concert after its review of the promoter's special events application, which stated numerous measures that ostensibly would be taken to protect against COVID-19, Cuomo said.

"Critically, the promoter's special events application omitted reference" to a designated "friends and family" section where concertgoers could freely congregate and where mask-wearing was not enforced, a release said.

According to a DOH investigation, more than 2,150 concertgoers attended the event, exceeding the maximum number allowable per the permit, Cuomo said. In addition, the event was not held in accordance with other safety measures outlined in the permit application and promotional materials, and created conditions that increased the risk of spreading COVID-19.

New York State Department of Health Commissioner Dr. Howard Zucker added: "We have worked too hard throughout this pandemic to keep infection rates low utilizing proven public health measures, and we must ensure that they stay in place. If they do not, enforcement is always an option. We will take whatever measures we can to protect the public health of all New Yorkers."

Cuomo gave "kudos" to Suffolk County Executive Steve Bellone, who, on Tuesday, announced enforcement action against the Miller Place Inn; the business was fined $12,000 after a Sweet 16 led to 37 coronavirus cases, a total of 81 guests quarantined, and closure of a local high school. The party is now considered Suffolk County's first "super spreader" event, Bellone said.

"It wasn't that sweet," Cuomo said, of the event. "It just shows you how just one event... a single party can create dozens of cases. And it did."

Southampton Town Supervisor Jay Schneiderman responded to Cuomo's announcement Wednesday: "We feel that the concert as approved met all the state guidance. We also have sanctioned the event organizer for not adhering to the specific conditions of the permit pertaining to Covid-19," he said. "We have been internally reviewing our special event permitting process and have had conversations with the governor’s office about possible changes. We have not received any notification from New York State as of this moment, so it difficult to comment on the requirement that our individual gathering permits be reviewed by the state."

Cuomo went on to say funding would be withheld from local governments and schools that violate state guidance on social distancing.

In the Know declined to comment on the fine Wednesday.

Schneiderman performed at the July event as an opening act with his band for the headliners, The Chainsmokers. But he said the "VIP section" where the packed crowds were witnessed came after he had left and were in violation of the event's permit.

The drive-in "Safe and Sound" fundraiser experience was presented by In the Know Experiences & Invisible Noise and featured The Chainsmokers, as well as opening acts DJ D-Sol and the Jay Schneiderman Band with special guest Matt White.

The event benefited No Kid Hungry, the Southampton Fresh Air Home and the Children's Medical Fund of New York. Tickets for the event cost from $850 up to $25,000.

Zucker sent a letter to Schneiderman after the event. "I am greatly disturbed by reports concerning the 'drive-in' concert held in your town this past weekend, which apparently involved thousands of people in close proximity, out of their vehicles, a VIP area where there was no pretense of a vehicle, and generally not adhering to social distancing guidance. I am at a loss as to how the Town of Southampton could have issued a permit for such an event, how they believed it was legal and not an obvious public health threat."

Zucker asked if the town issued a permit, how the permit was consistent with state regulations and COVID-10 regulations and what security was present. The letter also asked what town officials were present.

A release before the event said: "Safe & Sound will set the bar for a new era of immersive experiences. This will be a safe and controlled environment setting the bar for all events to come."

But videos of the event showed a packed crowd near the stage at the event.

"We have no tolerance for the illegal and reckless endangerment of public health," Cuomo said.

Speaking with Patch in July, Schneiderman said there was a "strict permitting process" and organizers had to "meet strict guidance." He said he was not a part of the permitting process; the police approved the event, Schneiderman said.

The event, Schneiderman said, was not supposed to include the "VIP area in front of the stage. It would never have been allowed."

Schneiderman said he wasn't there when the crowds were seen packed near the front. "I performed in the very beginning, and it wasn't there then. It was just cars and people next to their cars. At some point, the organizer started letting people into that area and violated the permit."

Organizers would be facing fines, he said in July.

The event, Cuomo said, was just a "gross violation of not only the public health rules — it was a gross violation of common sense. It was grossly disrespectful to fellow New Yorkers."

Violations of the public health law can trigger fines and the potential for criminal liability, Cuomo said.

A drive-in concert means driving in and staying in the car, he said. "That's not what the concert was in the Hamptons. Look at the pictures."

Before he left around 10 p.m., Schneiderman said, he noticed some "people going into that area, and I said something to two of the security people, telling them, 'You can't do that.'"

The supervisor said he got a ride from someone who was leaving at 10 p.m. and he had to leave; the crowd started gathering in the VIP area around 10:10 p.m., he said. "That's when they started letting people in" as the Chainsmokers performed.

Police "pulled the plug and shut it down" when the crowds began packing the area, the supervisor said.

"I want to make it really clear — what the town permitted did not include that area in front of the stage. That was a violation of the permit. They were supposed to be in their cars or in the area designated next to their cars, only leaving their areas to use the bathrooms, and they had to wear masks," Schneiderman said.

Schneiderman said he has worked for months to keep the town safe, even reaching out to Cuomo to curtail nonessential trips to the area in March. He also worked to launch a "Feed the Need" grassroots initiative to help the hungry on the East End during the pandemic.

"I feel terrible that this happened," Schneiderman said. "I'm as upset as anyone else. People are saying, 'You should have been able to predict this. You shouldn't have allowed this.' But it was determined that this was an allowable event."

He added: "I would never have participated if I thought they would violate the permit in any way or not be able to comply with the guidance. I thought we were helping to raise money for charity."

In the Know Experiences and Invisible Noise issued a statement in July: "The Safe & Sound drive-in concert fundraiser followed the guidelines created by the Centers for Disease Control and Prevention and made best efforts to ensure New York's social distancing guidelines were properly maintained throughout the event," the statement read. "We collaborated with all state and local health officials to keep everyone safe, create awareness for local businesses, provide work to over 350 people who have been unemployed as a result of the pandemic and to bring some joy into people's lives during these difficult times."

Prior to the event, all guests were instructed to self-monitor their temperature daily for two weeks leading up to the event, maintaining a temperature below 99.5 degrees F or 37.5 degrees C, the statement read. "Additionally, they were asked to disclose if they tested positive for COVID-19 or if they were in contact with anyone who tested positive within the last two weeks. Upon arrival, individuals within each car had their temperatures taken and were also provided complimentary face masks before driving to their designated 20' x 20' spot."

Guests were also instructed that they would not be allowed to leave their designed spots for any reason other than to use the rest room facilities, organizers said. "Announcements and reminders were made every 30 minutes from the main stage, and security guards regularly patrolled the area to encourage mask wearing and promote social distancing guidelines. The event organizers followed all proper and current protocol, including spacing each spot more than six feet apart, positioning sanitizing stations throughout the open grounds, temperature checks for all attendees, sanitization of restrooms every 10 minutes, local security enforcing guests to wear their masks both in and out of their designated areas, contact tracing, clearly marked parking zones, as well as providing complimentary face masks upon arrival."

In addition, In the Know Experiences and Invisible Noise said: 108 20' x 20' areas and 393 different 20' x 15' areas were created for guests to experience with family or friends and enjoy a show in their respective areas; there were limited gatherings of 10 people using more 80 guards security guards, as well as Southampton police, who were enforcing social distancing guidelines as well as making sure that guests wore masks when outside of personal areas; and there were 4,000 free masks distributed.

"The criticism based on a two second video does not accurately depict the entire event," the statement read. "This video is misleading based on the angle and the lighting in which it was shot. The clip shows footage of the Chainsmokers friends and family section, which was separated by stanchions and metal barricades, each section limited to no more than 10 people max."

There were no injuries or negligence or citations or violations issued onsite, the statement from organizers read.

The Chainsmokers did not immediately return a request for comment.