Bash To Honor Boardy Barn Sparks Controversy, Organizer Sues Family

HAMPTON BAYS, NY — Five months after the iconic Boardy Barn in Hampton Bays was sold in May, a reunion and fundraiser organizers said was meant to pay tribute to the longtime gathering spot has sparked controversy.

And now, Sean Henderson, of Holiday Productions LLC in Hauppauge, has filed a lawsuit arguing that the family and former owners of the beloved nightspot are trying to put the brakes on the plans.

According to an online announcement for the event, the "Barn Bash Reunion Fundraiser," with music by "original Barn DJs," will be held Sunday, Sept. 25, from 11 a.m. to 6 p.m. at South Haven County Park in Yaphank.

"The Barn is back," the flyer said. "There will be hundreds of kegs, food trucks, vendors, raffles, local sponsors, entertainment, and a massive tent. A portion of proceeds will be donated towards Christmas Magic, a charitable foundation, as well as individual scholarships and grants awarded to each of these high schools: Riverhead, William Floyd, Center Moriches, Longwood, Southold, Bellport, Pat-Med, and Greenport."

In addition, the flyer reads, "DISCLAIMER: Not affiliated with the Boardy Barn Organization. Not a Shields or Galgano sponsored event."

The Boardy Barn, which was owned by Tony Galgano, who died in November, and Mickey Shields, was listed for sale in September at a currently undisclosed price. According to a post in Behind the Hedges this week, the property sold for $4 million.

Panagiota Betty Tufariello, a Mount Sinai attorney for Henderson who is organizing the Barn Bash reunion, filed a suit in U.S. District Court, Eastern District of New York, on Sept. 2. The suit is filed against Anthony M. Galgano, Jr. and/or the estate of Anthony M. Galgano, Jr., Michael Anthony Galgano, as trustee of the estate, Michael T. Shields, Brian J. Shields, and Michael Thomas Shields, son of Michael T. Shields.

The premise of the suit is that after Galgano died and the business was sold, the right to the use of the Boardy Barn trademark was "abandoned."

"Rights to trademarks come from use," Tufariello told Patch. "When an individual or a person stops using a mark, they lose the rights to that mark. That is the most fundamental principle in trademark law."

Tufariello added that the advertisement for the event made no mention of the Boardy Barn.

"If you take a look at it, you will note that it contains no specific mention of Boardy Barn anywhere," she said.

The event page is decorated with yellow smiley faces that say "Barn Bash" — the original Boardy Barn was known for its bright yellow smiley face stickers.

However, Tufariello said: "The issue before the court is not whether the 'it directly seems like a Boardy Barn event or are they different enough, but consumer confusion. Will consumers be confused into thinking that this is an event affiliated with or sponsored by the Boardy Barn organization? The complaint makes clear that the answer is no."

According to the complaint, "Holiday Productions secured defendant Anthony M. Galgano, Jr.'s widow Wendy Galgano's permission to execute the event."

Wendy Galgano could not immediately be reached for comment.

On July 27, a resolution was approved by Suffolk County allowing the use of the park for the reunion event, the complaint states.

Once that approval was garnered, Henderson began promoting the event on social media, including Facebook, the complaint states. According to that same complaint, in August, Henderson had a text message conversation with Brian J. Shields.

Henderson, the complaint said, told Shields that "Wendy is not involved with anything nor is working but would love to get as much of the old staff to work."

"All good my man," the text from Shields reportedly said. "Anyone who wants to work it god bless."

Next, the complaint states, Henderson received another text message from Brian J. Shields that read: "You cannot use the words Boardy Barn or any representation of it. For anything. . . I know it is something you are doing out of respect for the place. But any representation of the Boardy Barn is not allowed."

Later, Henderson said Mike Shields posted to his Facebook about the event and asking where the proceeds from the event would be going.

The complaint also states that whenever Henderson tried to promote the event, the posts were taken down from social media "on request."

The complaint accuses Galgano, Michael Shield and Brian Shields of an "unauthorized, improper and illegal campaign to sabotage the event."

And, the complaint continued: "Holiday Productions is not able to sell tickets. Failure to sell tickets not only harms Holiday Productions, but also harms the general welfare of the residents of Suffolk County, the local government of Suffolk County itself by depriving it of revenues it will receive as a result of the event, and the local school scholarship programs the event will benefit," the complaint said.

Tufariello told Patch that the event is definitely slated to take place.

Patch was unable to reach Galgano or Shields despite requests for comment.

Speaking with Patch, Henderson said he hopes to rectify the situation.

"We want to resolve this," he said. "There has been a lot of miscommunication."

Henderson told Patch that for years, he has organized community fundraisers including a "Haunted Spook Walk" in memory of Boy Scout Andrew McMorris who was killed by a drunk driver, as well as Halloween Town and Christmas Town events aimed at raising funds for those in need in the community.

Henderson said he loved the Boardy Barn. The reunion event, he said, "is to honor Tony."

When the Boardy Barn was sold in May, many were saddened on the East End. The news marked the end of an era.

"To our beloved family, employees, customers, partners and community," the Boardy Barn Facebook page said. "Mickey Shields and Tony Galgano first opened the barn doors on April 16, 1970. From that day forward, the Boardy Barn became better and more unique the moment each of you passed through those doors. We are deeply grateful for the memories we hold in our hearts. It is true that we have sold the property located at 270 West Montauk Highway Hampton Bays, effective May 5, 2022. We wish the new owners all the best as they work to determine what the property will become."

When the property was first listed, Galgano and Shields told Patch: "It is true that after 51 years of making memories, the Boardy Barn property is now listed for sale . . . We are amazed to see the amount of interest. More importantly, we'd like to say 'thank you!' Words could never convey how grateful we are to our loyal customers, friends and family from over the decades who make The Barn such a special place. All of that said, in the words of Yogi Berra, 'It ain't over 'til it's over.'"

In 2020, before Galgano's death, the community came together in a big way to help the beloved partner in the Boardy Barn, who was battling health issues and the impacts of the pandemic. A GoFundMe, "Tony Galgano, Partner At The Boardy Barn, Needs Us," was created by Tom Cannuscio of Hampton Bays.