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Monterey County DA again goes after owner of Carmel’s Tuck Box restaurant for defying state and county health orders
Monterey Herald ^ | December 30, 2020 | DENNIS L TAYLOR

Posted on 12/30/2020 12:30:14 PM PST by nickcarraway

After paying $15K fine, DA says Tuck Box owner owes $20K

A Carmel restaurant owner hit with a $35,000 fine for defying state and county public health orders is doubling down in his battle against the Monterey County District Attorney’s Office saying he has no intention on paying a fine until his questions are answered.

The DA’s Office on Monday issued a press release indicating it is triggering the remaining $20,000 in civil penalties against Jeff LeTowt, owner of the Tuck Box, for violating an existing injunction, which also laid out the procedure should the violations persist.

He was initially fined $35,000 but Deputy District Attorney Emily Hickok said after LeTowt paid $15,000 the remainder was stayed in an agreement that he would halt the violations. That all changed Monday when the DA alleged he again began providing dining inside the restaurant, triggering the remaining portion of the penalty.

Monterey County District Attorney Jeannine Pacioni said in an earlier statement that the violations included providing dine-in restaurant service when such activity was prohibited by emergency health orders, failing to follow social distancing protocols such as maintaining 6 feet in between tables inside and outside the restaurant, and employees failing to wear face coverings while working.

“We sincerely hope individuals and businesses will heed the urgent calls from our hospital leaders and voluntarily comply with the new Regional Stay-at-Home Order,” Pacioni said in Monday’s statement. “Because our health leaders have said that we are still many months away from a vaccine being widely available to the general public, it is critical that we all continue to follow public health orders.”

In a telephone interview Tuesday morning and a follow-up email, LeTowt questioned the DA’s legal standing in the action and raised the issue of property rights.

“I will be happy to comply once you clear up my concerns,” LeTowt said, addressing the DA. “At this point, the county position lacks standing medically, scientifically, morally and legally. I fear my right to acquire and possess property is being violated.”

Among the questions he posed Tuesday was the issue of Gov. Gavin Newsom having violated the state’s own guidance on eating in restaurants. In November, he was photographed dining with lobbyists and a dozen others who were not part of his household at the opulent French Laundry in Napa Valley’s Wine Country.

Newsom acknowledged his behavior to the Los Angeles Times and other media outlets, saying essentially that he needs to practice what he preaches. The Michelin three-star restaurant has not suffered any consequences that have been reported. It did, however, receive $2.4 million in loans from the federal Paycheck Protection Program back in April.

“I’d be happy to close down if you can show me how Gov. Newsom didn’t violate public health orders when he dined indoors with a group of people at the French Laundry,” LeTowt said. “I’m not paying $20,000. In fact, I want my $15,000 back.”

Hickok, the deputy district attorney, emphasized Tuesday that the governor’s actions have no bearing on the injunction against LeTowt.

He also challenged the effectiveness of masks in preventing the wearer from COVID-19 infection. While masks are intended to protect others from an infected person coughing or sneezing, the Centers for Disease Control and Prevention last month issued a scientific brief indicating wearing masks does offer some degree of protection for the wearer.

The Monterey County Environmental Health Bureau has also issued a notice on Dec. 22 for violations of public health orders, the DA said. “Continued noncompliance with such health orders may result in permit suspension and potential revocation of the restaurant’s health permit to operate,” the DA’s statement reads, adding that in addition, the district attorney referred the alleged violations to the state Department of Alcoholic Beverage Control so it can take any action against the Tuck Box’s liquor license.


TOPICS: Business/Economy; Food; Local News
KEYWORDS: business; california; carmel; carmelbythesea; covid19; monterey
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1 posted on 12/30/2020 12:30:14 PM PST by nickcarraway
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To: nickcarraway

I've walked by, but never eaten there.

2 posted on 12/30/2020 12:31:26 PM PST by nickcarraway
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To: nickcarraway

“Every normal man must be tempted, at times, to spit upon his hands, hoist the black flag, and begin slitting throats.”

H. L. Mencken


3 posted on 12/30/2020 12:32:51 PM PST by DUMBGRUNT ("The enemy has overrun us. We are blowing up everything. Vive la France!"Dien Bien Phu last message.)
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To: nickcarraway

Fick it

Guess I’ll be there for lunch Saturday

Again


4 posted on 12/30/2020 12:34:07 PM PST by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: nickcarraway

Really?

Good food and the waitress is Hawt


5 posted on 12/30/2020 12:34:47 PM PST by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: DUMBGRUNT

“Every normal man must be tempted, at times, to spit upon his hands, hoist the black flag, and begin slitting throats.”

H. L. Mencken

Especially in these times.

My long running tag line:

“We are ruled...by liars who refuse them news, and by fools who can not govern. “ Chesterton


6 posted on 12/30/2020 12:36:08 PM PST by Covenantor (We are ruled...by liars who refuse them news, and by fools who can not govern. " Chesterton)
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To: Vendome

Well, there are a lot of good restaurants there. Never made my way into that one. You go there a lot?


7 posted on 12/30/2020 12:37:41 PM PST by nickcarraway
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To: nickcarraway

[[the Centers for Disease Control and Prevention last month issued a scientific brief indicating wearing masks does offer some degree of protection for the wearer.]]

Some? What is ‘some’? .3% protection? More? Less?


8 posted on 12/30/2020 12:42:18 PM PST by Bob434
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To: nickcarraway

I never knew about it until May? You posted about it
https://freerepublic.com/focus/f-news/3845340/posts

I posted about the experience the next day.

At one point the waitress was overwhelmed but, after taking a sip of a beer thanked everyone for being so kind and damn near everyone of us stood up at the same time and yelled “Freedom”

Kewel experience.


9 posted on 12/30/2020 12:49:44 PM PST by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: nickcarraway

In today’s world, it’s OK to kill and steal. But DON’T defy the all-powerful state! You vill obey your master!


10 posted on 12/30/2020 12:52:32 PM PST by I want the USA back (I fear my government much much much much much much much much much much more than a virus from china.)
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To: nickcarraway

“Hickok, the deputy district attorney, emphasized Tuesday that the governor’s actions have no bearing on the injunction against LeTowt.”

Rules are for the little people.


11 posted on 12/30/2020 12:59:15 PM PST by ZirconEncrustedTweezers (Posting from deep within enemy territory - San Jose, CA)
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To: nickcarraway

Just sent an email to confirm they will be open Saturday...


12 posted on 12/30/2020 1:05:06 PM PST by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: nickcarraway

Put me on the Jury and I am voting NOT Guilty for anyone exacting justice against the Public Masters that Willfully and Gleefully DESTROYED their Lives


13 posted on 12/30/2020 1:07:00 PM PST by eyeamok
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To: nickcarraway

Mr. Hickok should well remember Nicolas Ceausescu and wonder in the middle of the night.


14 posted on 12/30/2020 1:09:30 PM PST by zek157
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To: nickcarraway

Rebellion has to start at a local level.


15 posted on 12/30/2020 1:37:44 PM PST by dljordan
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To: DUMBGRUNT

What an awesome quote.


16 posted on 12/30/2020 1:38:18 PM PST by BiglyCommentary
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To: nickcarraway
Haven't eaten there, either. We usually go to the Tree House Cafe one block over on San Carlos. Their outdoors second-floor patio with the trees is wonderful. My son and I ate there one year during the Pebble Beach Concours d'Elegance and we had the most amazing non-stop parade of magnificent automobiles ever. We couldn't stop drooling, and not over the food.

I just got back from hiking with my daughter in Huddart Park in Woodside. We stopped at the Village Bakery and got food to-go. Most of the outdoor tables were put away, but a couple were still out there on the patio and lots of people were sitting on the fence around the courtyard, so we joined them (properly spaced, of course). It is a gorgeous day to eat outdoors in Woodside! Their vegetarian sandwich on homemade focaccia was magnificent! The gendarmes didn't show up to jail everybody eating and drinking coffee on the patio and a splendid time was had by all.

Unlike that poor restaunteur in Los Angeles who is in trouble for preventing his take-out patrons from eating their food on the CITY'S park bench outside his establishment.

17 posted on 12/30/2020 3:32:47 PM PST by ProtectOurFreedom ("Inside Every Progressive Is A Totalitarian Screaming To Get Out" -- David Horowitz)
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To: nickcarraway

Key words:

“Monterey County District Attorney Jeannine Pacioni said...”

Now, if Monterey County residents had elected a pro-2nd amendment, constitutional sheriff, the sheriff would have used his investigative powers to discover that the county DA had illegally squashed the constitutional rights of the restaurant owner.

The Nazi bitch would have been visited, while driving her car on a lonely road, by the sheriff. The sheriff would have politely explained to the Nazi bitch that the weather for her would get quite stormy unless she resigned and resettled in North Korea or Portland - immediately.


18 posted on 12/30/2020 3:38:40 PM PST by sergeantdave (Federal courts no longer have any standing in America. )
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To: nickcarraway

How much was the fine for gov Newsom and the 22 lobbyists he dined with?
How much did the restaurant have to pay in fines where they ran up a $12,000 bar tab?


19 posted on 12/30/2020 3:55:09 PM PST by minnesota_bound (I need more money. )
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To: nickcarraway

“We’re all in this together”
Says the government bureaucrat who is paid $200,000 a year whether or not she shows up or not as she is closing down your business and bankrupting your family.


20 posted on 12/30/2020 6:15:45 PM PST by Organic Panic (Flinging poo is not a valid argument)
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