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In 1988, Suffolk County passed the nation’s first law banning polystyrene “Styrofoam” food packaging due to its threat to the environment, paving the way for other jurisdictions across the country to do the same. Today, at both a Town and County level, Suffolk County is once again leading the way on environmental issues with regard to plastic bags, plastic foam containers, and plastic straws – and these new laws just may help drive up business in the bargain.

Similar to legislation recently passed in Patchogue Village and the Village of East Hampton banning foam food packaging, the Town of Southampton recently passed Town Board Resolution 2019-203 requiring restaurants and food service establishments in the Town to transition from plastic (including straws and stirrers) and Styrofoam products to biodegradable alternatives. This law will go into effect on May 8, 2019 to give businesses time to use up their old stock and make the transition to alternatives which can include cardboard, stainless steel, renewable corn, or bamboo products.

Under the law, restaurants will be permitted to keep a small number of plastic straws on hand for those with physical disabilities who require them, but straws will not be distributed automatically. All other customers who ask for a straw will be given a biodegradable one.

The law applies to all food service establishments and beverage providers, including restaurants, delis, bakeries, bars/taverns, fast food restaurants, take-out, and ice cream stores. Failure to comply can result in a fine up to $1,000, or imprisonment for a term of 15 days or less, or a combination of these.

Similar legislation is also being debated at the county level. Bills introduced in the Suffolk County Legislature in February 2019 aim to reduce plastic litter by eliminating plastic straws and Styrofoam containers, plates, and cups in restaurants throughout the county. This legislation follows the plastic bag fee that went into effect in Suffolk County last year – and which has resulted in an 80 percent decline in the number of single-use plastic bags distributed in the county over the past year, according to estimates.

Food service providers may understandably be concerned about adding yet another to-do item to their never-ending list, but savvy business owners should not view this ban as a burden, but as a potential boon to business. (Indeed, according to 27east.com, the Town’s Sustainability Committee surveyed 80 of the approximately 240 restaurants in the Town, and between 90 and 95 percent agreed that banning straws and Styrofoam containers “was a move in the right direction.”) (Read the full article here.)

By demonstrating an understanding of local environmental and health concerns, Long Island food and beverage service establishments will provide new incentives for existing and potential customers to frequent their stores and restaurants and will be making a change in our world for the better. Many of today’s consumers, particularly millennials, are concerned for the environment and would be more inclined to dine at an environmentally friendly establishment.

Furthermore, Baby Boomers and older generations still remember when restaurants used cardboard takeout boxes and paper straws before the widespread use of plastic, and thus wouldn’t find an adjustment back to this material difficult or inconvenient. In addition, the growing number of food intolerances, food allergies (see our related article here), and alarming cancer rates means that any change in daily life that might decrease the chances of that happening will bring relief and acceptance from Long Island residents, proponents say.

Finally, most Long Islanders agree that environmental cleanup costs are sky-high, and a decrease in plastic litter can make a major difference. By helping to reduce this type of waste, restaurants can promote their forward-thinking attitudes and attract new customers.

Please contact us with any compliance questions you may have.

Much ado has been made recently about Amazon’s Long Island City venture. For better or worse (or we may never know), it seems that Amazon and New York have moved on from each other.

Here at Campolo, Middleton & McCormick, LLP (hereinafter, “CMM”), on the other hand, we have been able to succeed where Amazon has not, and our “HQ3” in Nassau County is open for business. As I write this article/post/op-ed or whatever it is, I stand proud as a member of the CMM Westbury legal team! Stay tuned for my next post, In Defense of Plaintiff’s Lawyers (if “they” let me publish again), to hear more about me and my journey.[1]

CMM is a different kind of law firm and business organization.  As a relatively new part of the team, coming on seven months now, I am settling in, and have had an opportunity to make a few observations: 1) young talent thrives here; 2) if you are not at the table, you are on the menu; 3) Joe Campolo commands a room like nothing you have ever seen; 4) we know why we do what we do (thanks, Simon Sinek); and 5) nobody works harder than we do.

This is not to say that other firms, companies, and businesses fail to match these observations. To the contrary, I have seen several who do just that and are extremely successful. But there is some magical formula here of leadership, a devoted following, openness, self-motivation, and an absolute need for success that draws clients and employees in like a black hole of hard work and happiness, and keeps our legs moving forward like a running back through a crowded line of scrimmage.

So what’s the difference between CMM and Amazon? How are we moving forward in the New York metropolitan area, while Amazon, a bona fide behemoth, was unable to close the deal?  In a phrase – embrace, don’t displace, your neighbors.  CMM’s unwavering devotion to its community is a reflection of its own success. Do good work for your community, and bring your community up with you.

For example, CMM recently participated in the Brentwood Job Shadow Day, hosting high school students interested in legal careers, and announced a $450,000 gift to support scholarships and programs at the Staller Center for the Arts.

CMM’s legal work also embodies its community mission.  Recently, a reputable property developer came to CMM partner Patrick McCormick and me with a solvable but taxing (pun intended) property dispute, causing a road block (pun not intended) in the development of a local property. The client’s problem boiled down to a simple point of tension: a neighbor. The prior owner of the property was involved with a land dispute with its abutting neighbor where each quite literally coveted the other’s property. Their dispute prevented our client from moving forward with its project. CMM was able to step in, and with minimal court involvement, solve the dispute on all sides, allowing our client to move forward with its project.
This case presented one of an infinite number of “simple” problems between local people and businesses where the involved parties are unable to solve on their own. Instead, they call in the problem solvers, the fixers, the litigators.

In this case, as in our business, problems can often be prevented or solved through embracing neighbors, working together, supporting one another, for a mutually beneficial result. Amazon had to learn it the hard way, but many locals felt that Amazon was not supporting or embracing their community needs. Agree or disagree with that analysis, if the community did not feel supported, Amazon could not have succeeded.

The lesson for today, thus, is that most problems can be solved through mutual understanding. Whether it is two entities disputing over adjoining property, or a business expanding its horizons, the needs of all involved must be met for all to succeed. Fortunately for us, CMM works hard with its neighbors to assure mutual benefit, and works hard for its clients to assure an effective end result at an unbeatable value.

[1] Please email me with reinforcement so that I can continue to write for the CMM blog!