Erin Murphy was hoping to add amplified outdoor music to the menu for three more nights this summer at her “modern Baja cuisine” restaurant.
Instead, she found herself fighting back tears as the Select Board Tuesday denied her request during a contentious 30-minute exchange that mostly pitted her against board member Charlie Bletzer.
Murphy, the owner of Su Casa on Main Street, was awarded a provisional music permit two weeks ago, contingent on her not violating outdoor dining regulations, which Bletzer said she had done in the past.
This year, Su Casa is one of only four restaurants on Main and Court streets to have opted for “parklets” with outdoor tables. Last year, nine participated in the outdoor dining program, which grew out of the pandemic.
In February, the board extended the program for another season over the objection of Town Manager Derek Brindisi, who said any public funds spent subsidizing restaurants took money away from other worthy projects, such as maintaining roads.
In response, the Select Board asked restaurants to shoulder more of the costs of setting up the parklets. (Because of a state grant, however, the cost for restaurants renewing a license actually decreased.)
Two weeks ago, Murphy – via Zoom – asked the board for the additional live music dates, but led by Bletzer, it ultimately decided on implementing a 14-day probationary period to determine whether there would be any more of what he called “bad behavior” on the part of Su Casa. His chief complaints revolved around it having live outdoor music last year without a proper permit, as well as putting two more tables than allowed on the sidewalk, which Bletzer said blocked pedestrian and wheelchair access. He wanted the board to deny the license for live music dates. At one point, the back and forth between him and Murphy became so heated that board vice chair Kevin Canty had to intervene.
On Tuesday night, Brindisi told the board that in the past two weeks, there had been no complaints and that the Department of Inspectional Services found the restaurant in compliance with the rules.
Canty recommended granting Murphy the license for outdoor amplified music for the remaining three summer nights.
But Bletzer would not hear of it.
“We have residents that live above restaurants,” he said. “No other restaurant has amplified outdoor music.”
Murphy said Bletzer had treated her unprofessionally, adding that she wasn’t warned by the town that she had broken any rules in advance of her appearance before the board earlier in the month.
“It is appalling that a representative of the board has publicly belittled and disrespected me,” she told Bletzer. “Your actions have been demoralizing. I found this belittlement and dismissive attitude unprofessional, not friendly at all.”
Murphy said that Pat and Mal Fey, the only performers at her restaurant, had on one occasion this summer moved outside because it was too hot inside the restaurant, which does not have air conditioning.
“I work really hard,” said Murphy, fighting back tears. “Really hard. I’ve got two babies at home. All I’m trying to do is work. I apologized profusely last meeting for bringing those two tables outside.”
Murphy insisted that it was not her intention to break the rules.
“I wish you could see me as a person and who I am instead of putting this umbrella of me just being disrespectful and not caring, because that’s not what I’m doing and that’s not who I am,” she said.
Murphy was seeking permits for outdoor amplified music for three Tuesdays: July 30, August 6, and August 30.
Bletzer moved to put the restaurant on probation for the rest of the summer and threatened to move to have its outdoor dining license revoked if there were any more infractions. He rescinded that motion after Canty pointed out that the outdoor dining license was not on the agenda and that Murphy must receive advance notification before revoking it could be discussed.
Canty then moved to approve the amplified music dates. Bletzer objected.
“This is a business that’s had multiple violations,” he said. “You want to give her anything that she wants. I’m not picking on her. This board, with the way you’re acting tonight, it’s just amazing.”
Bletzer told the Independent that last year he received a complaint that Su Casa’s tables were blocking the sidewalk. When he went to investigate, Bletzer said, he saw unpermitted tables and heard amplified music. He said he confirmed with Lisa Johnson – the town administrative assistant who handles outdoor dining permit – that the extra tables were not part of the approved plan for the restaurant.
This year, he said, residents sent him photos from two dates showing extra tables again on the sidewalk.
He has also repeatedly said that, in general, outdoor live music is too disruptive for residents and businesses in the downtown area.
Murphy did not immediately respond to an email requesting comment.
“If we don’t start enforcing, downtown is going to get out of control,” Bletzer said.
At Tuesday night’s hearing, board chair Richard Quintal echoed that concern. “These laws need to be enforced,” he said.
Board member David Golden wondered whether awarding an outdoor amplified music permit for Su Casa would raise the risk of dueling music from venues on Main and Court streets, many of which have open storefronts.
In the end, the board voted 3-2 against granting Murphy the permit, with Canty and John Mahoney supporting her request, and Bletzer, Golden, and Quintal opposing it.
“That is wild,” Murphy said as she walked away from the podium.
Fred Thys can be reached at fred@plymouthindependent.org.