Syracuse community voices concern over Westcott Theater’s future at hearing
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Syracuse Common Council held a public hearing Wednesday night on a proposed ordinance requesting the revocation of the Westcott Theater’s special use permit, following numerous complaints and incidents of violence.
The hearing allowed community members and stakeholders to speak in front of the council before it votes on Monday to determine the future of Westcott Theater, which the city closed until further notice on August 13. Business owner Daniel Mastronardi filed a lawsuit on August 13 against Director of Code Enforcement Ryan Shiel.
Mastronardi alleges the city of Syracuse denied the theater’s application for a Large Crowd License without stated reason and objects to their posting of an “Official Notice and Order” declaring the premises unlawful. The notice prohibited occupancy of the building until further notice.
The special use permit SP 08-08, issued to the venue in 2008, allowed the theater to legally operate within the category of indoor entertainment and recreation, and without it, the theater cannot operate as such. The public hearing is part of a required process for revocation of the permit.
Mastronardi said he was “sad and quite frankly embarrassed” to be standing in front of the council defending his business. He stressed the positive impact his business has had on the Westcott community over the past two decades.
“Westcott has created jobs and supported local musicians, promoters, artists, production companies and small businesses alike and brought thousands upon thousands of people into the Westcott neighborhood and the city of Syracuse,” Mastronardi said. “We’ve created a place where people from every neighborhood, every background, every walk of life can stand together under one roof. That is what I’m most proud of.”
Citing numerous fights, loud noise complaints, violence, a stabbing and shots fired outside, Zoning Administrator Jake Dishaw’s August report found the theater had not been compliant with various conditions imposed on it through its 2008 special use permit. Supporting the ordinance, the report said the violations have had a “detrimental effect” on the neighborhood.
At Wednesday’s hearing, Syracuse Chief of Police Mark Rusin said that, given these violent incidents, the Syracuse Police Department has been “forced” to dedicate its limited resources to the property, keeping them from working in other parts of the city. The venue shouldn’t need significant police presence to handle crowds, he said.
Mastronardi said his management of the theater has not been perfect, but he’s willing to work with the city to make reasonable changes and work through legitimate problems.
In his testimony, Rusin said the property has shown an unwillingness to work with the SPD to address problems. Interventions and questions by police officers have been “brushed off,” he said.
Dishaw clarified that revocation of the permit does not preclude subsequent applications from applying for future special use of the same venue. The position of the Office of Zoning Administration is not for the property to remain vacant, but to eliminate the failure of terms that has become a “detriment” to the neighborhood, he said.
Mike Allen, Mastronardi’s attorney, took to the podium at the hearing. Allen said he previously brought forward an action that caused the Syracuse Supreme Court to suspend the notice, preventing Mastronardi from operating. However, the theater remains closed. Allen deemed the notice an “unconstitutional” act and “absolute violation” of Mastronardi’s First Amendment rights.
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Mastronardi said he feels his business has been treated unfairly, seeing different levels of scrutiny based on an event, promoter or audience. He asked the council to look beyond “one incident, one event or one disagreement” and prioritize “fairness and equal treatment.” His speech, as with the rest of the pro-Westcott speakers, was met with loud applause.
Syracuse City Auditor Alexander Marion thanked the Zoning Administration and Common Council for its “exemplary” work, and encouraged it to follow through with revoking the theater’s permit.
“I know exactly how important it is to support and develop and nurture our local arts community,” Marion said. “But we also have to keep in mind the importance that bringing public safety to our neighborhoods has. Westcott Theater has a lengthy history in recent years of being a hub of problematic activity.”
Marion’s statement was met with boos from Westcott Theater supporters, who donned shirts reading #SaveWestcottTheater. Some gave out extra T-shirts to other attendees after the hearing.
Davia Housley, a Syracuse native and independent event coordinator, highlighted the importance of the venue to the Black community.
“We are watching Black events face scrutiny that does not appear to be applied equally across Syracuse nightlife,” Housley said. “It’s not only Black-owned businesses being affected, venue owners open their doors to Black promoters, Black artists, hip-hop and R&B artists and audiences are also feeling that pressure.”
Kamar Boatman, a representative of the Minority Entertainment Coalition, asked the council to address hypocrisy between the treatment of Westcott Theater and other venues where violence has also occurred.
The venue should not be responsible for what happens outside, or Destiny USA mall should be treated the same as Westcott, he said. Destiny USA has been the location of several violent actions, and even a fatal shooting in April.
Carlie Morales, owner of Las Delicias, a restaurant on Westcott Street, spoke in support of the theater. She acknowledged she often feels scared when walking at night in the area around the theater, asking the city to increase police presence in the area. However, Morales encouraged the council to avoid revoking the permit, since the theater helps bring customers to businesses in the area.
“If you don’t believe me, this month alone, you can stop by Westcott and see the reality. There’s no people on Westcott Street,” Morales said. “If we get rid of the theater, I’m going to tell you within two years, we will see an empty Westcott Street.”
Admissions Advisor at SUNY-ESF Rocky Feola said he fully supports revoking the permit. As a local musician and Westcott Street resident, Feola said he doesn’t want live music in the area to go away, however, he’s in favor of the city ordinance because he’s worried about the safety of his community.
“What we want to get away from is the negligence that causes us all to feel unsafe,” Feola said. “To go get coffee in the morning, I don’t want to have to walk through police offices and police cars and find out the window’s been shot out.”
Ty Bradford, another Westcott Street resident, responded directly to Feola’s comments, speaking outside of his notes.
“I live on Westcott Street too and can identify with both the community and with the theater,” Bradford said. “I think a lot of times fear comes from not knowing. Until you can come outside and see the genuine love that the Westcott gives and receives, it’s easy to stay afraid.”
Samuel Gruber, former head of the Westcott Neighborhood Association, told the council he supports Westcott Theater in the way it has operated for years. But, he said, in the last two years there have been management decisions to host parties that end later in the night, into the early morning, which he said caused safety issues.
Mastronardi said he’s been hosting the same kinds of parties for the last 18 years.
Gruber agreed that if the permit is revoked, it is unlikely another music theater will come into the same location, an outcome that would be harmful to the community and local music scene.
“Keep the theater, keep the great concerts, keep the important parts of our community,” Gruber said. “Just get rid of the damn after-hours parties.”
