Last week we began a two-part series into the Department of Health’s grading system and discussed within the article an agreement reached between the DoH and Council Speaker Christine Quinn to amend the price of violations/fines, the structures of such penalties and the circumstances under which they are written. All in all, projections say the initiative will serve to reduce the burden on the fine pool by roughly $10 million dollars.
For many of the city’s 24,000 restaurateurs, it’s too little, too late. And for one group of 40 Bronx restaurant owners, whose attorney Neil Grimaldi filed a $150 million dollar lawsuit against the DoH a little over two months ago, it’s a consolation that matters very little.
In addition to their contentions about unfair fines and oppressive inspectors, the group of plaintiffs claim the fines are unconstitutional because the mayor did not go through the City Council in order to enact the system – instead they say he “slid it through the back door,” using administrative fiat to push it through.
And while the lawsuit only includes affected parties from the Bronx, the problem is one that has inspired outcries and outrage throughout the city. And although their locations may differ along with the food they offer, the complaints restaurant owners and managers share are all alike.
Owners maintain that one of the greatest problems is the inconsistency of the rules and the way inspectors represent them. Court papers filed revealed examples of disparity in procedure and other inconsistencies that give unreasonable flexibility to interpretation.
But perhaps the most grievous of the complaints is that so many of the violations are given for issues that do not relate to the food being served – the widespread theory that has everyone in the food business running for cover, hoping to escape the hatchet.
This week we have taken a look at the restaurants in our readership area and how they stack up against each other and the rest of the borough. And despite the protestations of restaurant owners and others in the business, over fines, consumers can feel at ease when eating at the majority of establishments. Just about 75% of eateries in our area proudly display one of the coveted A’s while an astonishingly low 2% of establishments have been given C’s.
And contrary to the opinions of those on the receiving end of the fines, the city says the proof is in the proverbial pudding as to whether or not the system is working. Statistics show an increase in roughly 20% in the number of A’s given since the inception of the system in 2010.
For those who wish to find more specific information on a particular restaurant, visit the Department of health and mental Hygiene at http://www.nyc.gov/html/doh/html/home/home.shtml. There you can find information about every restaurant’s grade and violation history in the city. The search can be performed in a number of different ways including restaurant name, cuisine served, neighborhood etc.
By Patricia Adams
