UPDATE: ON WEDNESDAY, SEN. ANDREW LANZA NEARLY ARRESTED OUTSIDE MACS PUBLIC HOUSE

STATEN ISLAND, N.Y. An owner of Macs Public House of Grant City was led away in handcuffs by City Sheriffs Department officers Tuesday night as various agencies descended on the tavern.

The action was in response to the owners ignoring the state and city mandates to abandon indoor dining during the coronavirus (COVID-19) pandemic.

Five officers from the Sherrifs office stood outside Macs Public House as Danny Presti was taken away in handcuffs by sheriffs at 7:15 p.m. He and Keith McAlarney own the Grant City tavern.

State Sen. Andrew Lanza was also on the scene. He delivered a speech to the crowd, which included dozens of restaurant owners from across the Island who came to show McAlarney and Presti their support.

This order simply says that they need to cease and desist,' Lanza told officers at the scene after thumbing through a multi-page order. Nowhere here is there an arrest warrant, nowhere here is anything about arresting anyone on their private property. So Ill ask, [and] you dont have to answer why was he arrested? I was told you would tell me why he was arrested and now Im asking for that answer.

When the crowd began to shout at the officers, Lanza asked for calm.

I understand that we feel very strongly about this,' he told the crowd. I feel as strongly as you, I assure you. But by speaking loudly it gives people an excuse not to answer us. So, lets not give them the excuse. If they dont want to answer, they dont have to answer. We respect law enforcement on Staten Island like no other borough.

Macs falls into the orange zone, where indoor dining is illegal. Despite summonses from the State Liquor Authority (SLA) and the state health commissioners office, the restaurant owners continued to serve food and beverages. Although it was given away for free to patrons, the law does not permit service during the pandemic, per Gov. Andrew Cuomos mandate.

We urge our friends in the restaurant industry to be as resilient as possible while we appeal this decision, attorney Mark Fonte, who was not present at the scene, later told the Advance. He, with Lou Gelormino, represents the tavern in its battle against the state and city. Gelormino was inside the business as officers handed out summonses. He himself received one as well for $5,000, as he was deemed an employee of the business when sheriffs arrived on the scene.

Mac's Public House on Tuesday, Dec. 1, 2020. (Courtesy of Rob DeLuca)

From what I understand, hes arrested because he didnt want to leave [his business], and at that point they considered it trespassing,' Gelormino said. Id like to know why his attorney got three summonses for just being there and being peaceful and respectful and calm, and every one of these officers can attest to that.

When asked where his client was, Gelormino responded, Hes on his way to the Sheriffs Office right now, where, they assured me theyre gonna issue him a desk-appearance ticket and release him, for criminal trespass because he wouldnt leave his own establishment.

These sheriffs officers are wannabe cops, Fonte told the Advance. This is what happens when little people get a little power. Each one of them will have to answer to a federal judge. The issuing of summonses to an attorney for representing his client will not be dealt with lightly. I would advise the issuing sheriff to lawyer up immediately.

Artist and political activist Scott LoBaido was also on the scene. Some onlookers appeared agitated by the events.

The COVID is bull****! one man shouted in front of the restaurant.

Lanza took a more courteous approach with the officers. We respect you, every single one of you, he said. But we also have questions as American citizens. You just took out one of our constituents, one of our neighbors, a business owner, in handcuffs. I asked whythis piece of paper does not authorize an arrest. If there was some other reason why you arrested him, Id like to know what that is.

Since Macs Public House took a solid stance on Nov. 20 to continue indoor dining in the pandemic, a myriad of agencies clamped down on the tavern. The establishment is still open for service indoors despite its orange zone designation and still serving food and beverages.

Mac's Public House on Tuesday, Dec. 1, 2020. (Courtesy of Rob DeLuca)

If you come into Macs, its free, McAlarney told the Advance.

He added, If you wish to make a donation thats great. If you decide to stay thats even better!

Last week, New York state issued a Section 16 Order from Health Commissioner Dr. Howard A. Zucker directing Macs to follow the Executive Orders. Failure to abide by the law can result in fines up to $10,000 per day. Additionally, the SLA suspended its liquor license on Nov. 27 by unanimous vote, as it found continued operation threatened public health and safety.

A spokesman for the SLA had issued a statement on behalf of the state earlier in the week. He said that free product is not a loophole, that a license was needed to serve booze.

COVID-19 doesnt respect autonomous zones, and neither does the sheriff. There are consequences for endangering your neighbors in a pandemic, Mitch Schwartz, director of rapid response and deputy press secretary for the mayors office, told the Advance.

Restaurant people work hard each and every day pre-COVID and during COVID to keep our customers safe while dining in our establishment, said a borough restaurant owner about the state of the food industry. He added, Now, more than ever, its all risk and no reward.

Lanza continued to demand an explanation for the apparent arrests. So I see that you have the power to arrest people who are sitting in their own establishment, on private property,' he said. Stick around. Here on Staten Island, we like law and order, but what I just saw here it really deserves an explanation. Because it really confounds all of us here. ... I can tell you, as an attorney, this piece of paper did not authorize what you did here.

At some point, somebodys gonna to have to answer for what happened here. Because this is wrong.

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