Court Agrees with Attorney General’s Request for Penalty for Violation of Governor’s Executive Order
Vermont Business Magazine Orleans Superior Court, Judge Mary Miles Teachout presiding, on Thursday ordered HNR Desautels LLC, currently doing business as Derby Port Press, and its owner, Andre “Michael” Desautels, to pay $850 in penalties, as the Attorney General’s Office had requested. In March, the court ruled in the state’s favor on the merits of the case, finding that the Governor’s Executive Order (EO) and the related rules established by the Agency of Commerce and Community Development (ACCD) were enforceable and that defendants had violated the EO and ACCD rules by failing to follow the requirement that employees wear masks at work.
The court also ordered defendants to comply with the Governor’s Executive Order. The amount of the monetary penalty was the sole subject of Thursday’s hearing.
In February, Attorney General TJ Donovan filed this civil lawsuit and a motion for a temporary restraining order and preliminary injunction to stop the Newport business from violating Governor Scott’s Executive Order and Addenda, both of which the court granted. In its complaint, the State of Vermont alleged that the defendants were in violation of Governor Scott’s orders by working in the presence of others without wearing required cloth face coverings.
Initially, the store was operating as a UPS Store. UPS then dropped its affiliation because the store's operator failed to adhere to the EO. The store subsequently reopened as an independent entity while still failing to adhere to the EO.
Governor Scott subsequently removed the emergency orders, including the ones requiring masks in public gathering places like stores and restaurants (proprietors may still require them), on June 14 as the state reached the 80 percent vaccination milestone. Scott let the State of Emergency expire on June 15.
“I am pleased that the Court ordered the requested penalty,” said Attorney General Donovan. “I thank the vast majority of Vermonters who followed the science, sacrificed, and kept themselves and our community safe.”
A copy of the Court’s order may be found here. Previous press releases concerning this case can be found at the links below:
State Prevails in Mask Requirement Enforcement Action Against Newport Store (March 12, 2021)
Court Rules Newport Store Must Comply with Governor’s Executive Order (February 23, 2021)
Attorney General Sues Newport UPS Store for Violating Governor’s Executive Order (February 19, 2021)
Source: NEWPORT – 6.24.2021. Office of the Attorney General