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Office of the Vermont Attorney General

Court Orders Penalty in Newport Store Case

June 24, 2021

Contact: Charity R. Clark, Chief of Staff, 802-828-3171

Court Agrees with Attorney General’s Request for Penalty for Violation of Governor’s Executive Order

 NEWPORT – Orleans Superior Court, Judge Mary Miles Teachout presiding, today 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 today’s hearing.

In February, Attorney General T.J. 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.

“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)

Last modified: June 24, 2021