Piala, a Georgian restaurant focusing on natural wines, is scheduled to open at the end of September. (Photo by Laura Hagar Rush)
On August 31, the Sebastopol City Council voted unanimously to uphold the Planning Commission’s decision to grant a city permit to sell alcohol to Piala, the restaurant co-owned by restauranteur Lowell Sheldon. The process of getting this approval, which is integral to opening the restaurant, was complicated by opposition from a group of former employees who claim that Sheldon sexually harassed them at restaurants he owned and managed in the past.
A long and messy road
When Sheldon and his partners in Piala first applied for the alcohol permit back in March, they were turned down by Planning Director Kari Svanstrom, in part because of the sexual harassment allegations.
Sheldon then appealed to the Sebastopol Planning Commission, which, despite reservations, reversed Svanstrom’s decision in June, granting the alcohol permit, with strict conditions that prevented him from consuming alcohol on the premises or overseeing staff. The restaurant also agreed to hire an outside human resources firm to handle employee complaints.
The case ended up in front of the city council when Jesse Hom-Dawson, one of the former employees who say Sheldon harassed them, appealed to overturn the Planning Commission’s decision, arguing that those conditions were unenforceable and thus would not keep Sheldon from being a threat to the public welfare (and in particular a threat to future employees).
Beyond “He said, she said.”
Sheldon’s responses to the groups’ accusations of sexual harassment have varied over the years. At first, he conceded to all but the most serious allegations and apologized, but this month, he came out fighting in a statement to the city council that said, “I am innocent of all accusations of sexual harassment and assault.”
In the statement, he said he had erroneously taken the blame in the past for things he never did – a scenario he called “self-gaslighting.”
“I don't harass people drunk or sober. Never have, never will,” he told the council.
Hom-Dawson said Sheldon’s latest reversal made her appeal all the more important.
“Sheldon's denial in the face of incontrovertible evidence shows his inability to take responsibility for his actions and implies that he will not be changing his behavior in the future,” Hom-Dawson told the council in her presentation.
In speaking of Sheldon’s future employees, she said, “I'm asking you to realize what is at stake: a woman's life could be permanently affected, traumatized, or serious injury caused. This is not something to take lightly, as myself and other fellow survivors can attest.”
For his part, Sheldon broke down halfway through his presentation to the council.
“I've spent four years of my life living through the most vicious character attacks one could possibly imagine,” he said.
The wrong venue
In his presentation to the council, Sheldon argued that the city council and the planning commission were the wrong venue for hashing out sexual harassment claims, which he said were more properly handled by the courts.
“Not once have my detractors considered using our civil or criminal system or any impartial process where the full truth can be seen,” he said. “I believe they didn't do this because it would have removed their ability to convince others of their fabrications and taken away their merit as activists.”
He also suggested that character questions in regard to a liquor license should be handled by the state’s Alcohol Beverage Control office (known as “the ABC”), which does a background check as part of their process of granting a liquor license.
“What should be clear by this point in the process is that when a government body, such as the planning commission or city council, steps outside its ordinary purview and attempts to sort fact from fiction based on character attacks and unproven allegations, it can easily lose its way. We are all here chasing our tails getting dizzy trying to see outside the dust storm that we've created.”
“I have given my account of everything that has happened to show you I am not a threat. My detractors are desperate to paint me as evil enough to ban me from owning a restaurant and you are buried under 600 pages of “he said, she said.” I wonder if you feel any closer to the truth than when you picked up the first page.”
Mayor Patrick Slayter noted drily that the number of pages devoted to this issue far exceeded 600 pages.
For their part, the members of the city council did not seem confused by the so-called dust storm.
“There is more than just innuendo here. There is more than rumor,” Councilmember Diana Rich said, referring to the numerous letters past employees sent to the council and a report from an investigation initiated by Sheldon’s former business partners. “There's enough for us to conclude to give credence to the claim that Lowell Sheldon's involvement in the restaurant may in fact affect the health, safety and welfare of the community. How do we address that issue?”
Revisiting the conditions of approval
Ultimately the council decided that the conditions laid down by the planning commission, though on the right track, were not quite adequate to the task. So in addition to forbidding Sheldon from consuming alcohol on the premises and from handling any personnel-related responsibilities, the council added the following:
“Lowell Sheldon’s right to enter the premises shall be no greater than any other member of the public (during business hours, as a customer with access to only public areas). Lowell Sheldon may be on premises when the restaurant is closed, and no employees are present. (Jeffrey Berlin [his co-owner and the partner in charge of day-to-day operations] shall also be present.)”
In addition, the city council required city staff to review the permit, at first quarterly then every six months, to ensure that the conditions are been followed.
In discussing the council’s decision, Councilmember Una Glass acknowledged that this case put the city in a tricky legal position.
Of the revised conditions, she said, “This does address the concerns of many members of the public and protect the workers and protect the community while still not putting our city in legal jeopardy of completely overstepping its authority.”
Afterthoughts
After the meeting, Hom-Dawson said she was satisfied with the council’s actions. “I think the council did what they could within the parameters of their jurisdiction, and our group deeply appreciated their concern and desire to keep our community safe. I think the provisions they wrote will definitely take steps towards minimizing Lowell’s influence on employees and his ability to harm them. Hopefully these conditions will help Lowell realize he needs to take responsibility for his actions and do some work on himself.”
For Sheldon, the council’s decision was just one more public humiliation he’s had to face since the accusations against him first surfaced. And he said it seemed especially painful coming from the city council.
“I think the question is, does it feel fair that I was convicted of a crime in the city council that I was never tried for? … The condition they imposed on Wednesday is not reasonable, nor is it fair,” he said, referring to the condition the city council added, which effectively bans him from working in the restaurant while other employees are present. “Can the business continue with it in place? We're going to try, but it has significant ramifications on the functioning of the business.”
“How can we feel good about our city council punishing people for crimes they were never tried for and have denied committing,” he asked. “Newspapers have free reign to write what people believe, but our government must have a higher standard before enacting life-altering edicts.”
In the meantime, Sheldon said, he is looking to the future.
“It’s hard to let go and move on, but I’m trying to. I am thankful the city council gave us our use permit to open. I am going to show my community that I care and that I am a loving member of this town.”
He’s hoping the town is ready to move on as well. Piala, a restaurant with a focus on natural wines, is scheduled to open at the end of September, if the ABC grants them their liquor license.
He said he hopes that folks in Sebastopol will come try Piala, despite the controversy.
“Give us a chance,” he said. “Piala is going to represent the values of this town: inclusive, safe, fun and adventurous!”
Maybe I missed it in previous stories, but it would have been nice to describe the location of the new restaurant. From the photo, it looks like it on Healdsburg Avenue.
Small quibble: This article spells Lowell Sheldon's last name two different ways at various points in the story. It is Sheldon with a "d," not a "t". A little proofreading can give the journalism more credibility.