The following is a letter from Donald N. Schoenholt, president of Gillies Coffee Company, to Steve Colton, president of Specialty Coffee Association of America (SCAA).
Dear Steve,
The fragrance of coffee is now officially illegal in New York. In making this determination the Environmental Control Board, of New York City, an administrative court of the city's Department of Environmental Protection has found Gillies Coffee Company guilty of polluting because coffee smells like coffee.
An inspector responding to a single complaint from someone in the neighborhood smelled coffee outside the coffee company. He found it "annoying" and in violation of NYC 24-141 which prohibits "the emission of air contaminant" The inspector testified that there was no roasting going on. NYC Administrative Law Judge Phyllis J. Roberts stated in her written opinion that the "smell" of coffee comes within the statutory definition of odorous air contaminant defined by 24-104 as "any air contaminant which is released in sufficient concentrations to be detected by the human olfactory sense."
Gillies had argued in part that the statute of law was unconstitutionally vague and overbroad. The court said that it did not have jurisdiction to determine that but noted that the law has stood up to challenge in the past.
The judge noted that while Gillies additionally argued that public policy favors dismissal that it is beyond the authority of the judge as a hearing officer at ECB to make a determination on this point.
Gillies has spent over $25,000.00 on the legal defense so far. The cost of fighting on is tens and tens of thousands more. Additional defense dollars may better be spent in finding an appropriate site to continue our 163-year old coffee business outside the city of its birth. in a place that will appreciate the craft that we bring to our work, the prestige, jobs, taxes revenues, and environmental conscience that this little coffee company brings to the community it has called home serving eight generations of New Yorkers.
At this moment we don't know which way to turn. The Mayor and his office have not responded to our several direct written pleas for help. The City's DEP Commissioner Christopher Ward has repeatedly refused to meet with us personally, though the requests were made both by the Brooklyn Borough President's office, and a City Councilperson on Gillies' behalf.
The judge may not be able to determine a case based on public policy. The Mayor can. Please write to Mayor Michael Bloomberg again and ask him to overturn ECB NOV # 00152932K. Ask him to stop the persecution of coffee in New York, and the persecution of the city's oldest coffee citizen Gillies Coffee Company.
New York's successful assault on coffee, and SCAA Charter Member, Gillies Coffee Company now puts into specific relief a clear and present danger to all those who handle coffee and coffee beverage in the city that officially greeted President Elect Washington on his arrival for his inauguration at a coffeehouse. Should this anti-coffee attitude become accepted by other municipalities SCAA members are going to have their hands full with expensive litigation for years to come.
Months ago, when the City action against Gillies was first commenced, it appeared to be an interesting diversion for the trade to follow. The matter is no longer a local issue, effecting one SCAA member. In that context SCAA Charter-member Gillies Coffee Company asks the Board to address this threat to the livelihood of all.
I look forward to seeing you on Friday.
Sincerely,
Donald
Donald N. Schoenholt
President
Gillies Coffee Company
THE SCAA BOARD CAN CONTACT THE NYC MAYOR AT:
Mayor Michael R. Bloomberg
City Hall
New York, NY 10007
(212) 788-9600
FAX (212) 788-2460
Email Mayor Bloomberg
