Humans aren’t the only
Key West residents struggling to find long-term housing
these days.
Bailey, Tango and Lola, the birds that have lived in the
outdoor courtyard at New York Pasta Garden for up to 17
years, have been exiled by the condominium association that
governs Duval Square.
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The compound that
stretches from Duval to Simonton streets houses first-floor
businesses and second-floor residences, the majority of
which are vacation rentals, said Chef Lea Fettis, who bought
New York Pasta Garden in August 2019 with business partner
Shukhrat Rakhimov. The men inherited the birds from the
former owner, who died.
“Bailey, the red bird, is a greenwing macaw who’s lived here
for 17 years,” Fettis said. “Tango, the red and blue macaw,
has been here for eight years and Lola, the African gray,
has been here more than four years. I have literally
hundreds of photos from visitors with Lola. We’ve tried to
work with the condominium association with this, but
everything they do is secretive. They won’t even return my
emails, but are constantly taking photos of all the
businesses around here.”
Fettis received a letter on July 9 from the law firm that
represents the condo board, informing him the birds are a
violation of the restaurant’s lease, “even though we took
over the restaurant ‘as-is,’” Fettis said. “I’ve never heard
a single complaint from people, and we started taking the
birds home at night rather than leaving them in the
courtyard in case they’re too loud at night. But that wasn’t
good enough. I’ve also offered to pay additional rent for
use of the common area. But the birds are currently in
exile.”
Fettis has met with Key West attorney Michael Halpern, and
plans to answer the condo board’s letter with a lawsuit.
“These condo boards, all over town and all over the country,
are holding people ransom with their bully tactics and
overreach,” Fettis said. |
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From left, Lola, Tango and Bailey have lived at Duval
Square for up to 17 years, but are currently in exile due to a
dispute with the condominium association board.
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“Life is hard enough
during this pandemic and the state of affairs in the world
without having to worry about losing your business or your
home for such frivolous reasons,” Fettis told the Keys
Weekly. “Since the lockdown began, this condo association
has threatened to revoke our lease on three separate
occasions for doing things that have been standard in the
restaurant for 30 years, such as not breaking down Sysco
boxes in a timely fashion.
“I understand the
concern, but threatening multiple people’s livelihoods for
such things in the midst of this pandemic is unconscionable.
Especially when you haven’t missed a rent payment.”
The July 9 letter from the board’s attorneys states that
Fettis’ failure to remove the birds constitutes “a violation
of your lease, which prohibits you from doing anything which
constitutes a violation of the laws and requirements of any
public authority and/or annoys or inconveniences other
persons occupying Duval Square….”
The birds remain in exile until the matter is settled by the
courts.
