Texas women showed proof of vaccine at NYC restaurant before fight at hostess stand, lawyer says

Ryan W. Miller, USA TODAY
·4 min read

NEW YORK — New details have emerged surrounding a viral video that showed a scuffle between tourists and a hostess at a New York City restaurant over a vaccine requirement.

The incident at Carmine's in Manhattan has drawn widespread attention to the restaurant and New York's requirement that patrons dining indoors be vaccinated against COVID-19.

Cell phone video from last week shows a group of customers from Texas allegedly assaulting a hostess at the Italian restaurant on the Upper West Side. But attorney Justin Moore, who represents one of the three women charged in the incident, told the New York Times and Daily News there is more to the case.

According to Moore and surveillance video reviewed by the Times, the women were already seated at the restaurant before the fight ensued. The three women showed their proof of vaccination before entering the restaurant. But the situation escalated when two men arrived to meet up with them but could not provide proof of vaccination.

Moore said his client, who is Black, was racially discriminated against and harassed during the incident.

In a statement to USA TODAY on Monday, Carmine's denied the allegation and called the incident "an entirely unprovoked, brutal attack."

"None of the attackers mentioned anything about race to our managers, staff, or the police who arrested them, and a Texas criminal defense lawyer’s false assertion otherwise is a deeply cynical ploy to try to excuse wanton violence," the statement said.

"We are focused on keeping our employees safe as they continue to enforce New York’s vaccine mandates, and we encourage everyone to get vaccinated. We are also very grateful for all of the support from our community and the City, which has been incredibly touching for our staff," the statement said.

The restaurant confirmed the women had already showed their proof of vaccination and were "welcomed into the restaurant without issue." The incident occurred after the men were unable to provide proof of vaccination, the restaurant said.

Moore did immediately respond to USA TODAY's request for comment Monday.

Video: NYC hostess allegedly punched after asking customers for proof of COVID vaccine required by city

The incident happened Thursday at the restaurant's hostess stand. Cell phone video published by NBC New York shows the fight unfold as a group huddles around the stand. Several women are seen being held back and the stand nearly topples over.

Enforcement began Sept. 13 of New York's requirement for all patrons dining inside restaurants to be fully vaccinated against COVID-19. Bars, restaurants and gyms are all subject to the vaccine mandate, enacted by Mayor Bill de Blasio, and the establishments face fines if the city finds they are not checking vaccination status.

According to the Times, the surveillance video shows an exchange between the women and the hostess after the men were denied entry into the restaurant. The women were led back into the restaurant but crossed paths with the hostess again, the video shows, according to the Times.

More on vaccine requirements: NYC begins requiring proof of vaccination at restaurants, gyms, museums and other indoor venues

The Times reported the hostess "brushing past the women" and exiting the restaurant before the women follow her out. One of the women confronted the hostess outside the restaurant and shoved her; the hostess then pushed back, and the fight ensued, the Times reported.

Moore told the Times, “The hostess begins spouting out derogatory comments, and speaking with two of the women; they claim that the N-word is being spewed out.”

In its statement to USA TODAY, Carmine's denied any of its hosts used a racial slur and they "did their best to welcome a large party while enforcing New York’s vaccination requirement for indoor dining."

Surveillance video from the restaurant reviewed by the Times did not include audio, however. Moore also told the Times and Daily News the women believe the hostess assaulted them and want to see her fired.

According to a statement from the New York City Police Department, the hostess was repeatedly punched and had her necklace broken. She also suffered bruises and scratches to her face, chest and arm.

The women were issued desk appearance tickets and charged with assault and criminal mischief. They are due in court in early October.

NBC New York reported Carmine's had increased its security over the weekend.

“She’s extremely shook up,” Carmine’s owner Jeffrey Bank said of the hostess in an interview with the Daily News. “It’s inexcusable, ridiculous.”

The Daily News and Times reported a co-founder of a Black Lives Matter chapter in New York plans to protest outside the restaurant Monday.

Contributing: Gabriela Miranda, USA TODAY

This article originally appeared on USA TODAY: NYC vaccine requirement fight: Lawyer says client faced discrimination

  • Up next
  • Up next
  • Up next
  • Up next

Latest Stories

  • 2 military horses that broke free and ran loose across London are in serious condition

    Two military horses that bolted and ran miles through the streets of London after being spooked by construction noise and tossing their riders were in a serious condition and required operations, a British government official said Thursday. The animals were among a group of four horses that broke free during routine exercises Wednesday near Buckingham Palace, tossing their riders and causing chaos as they galloped loose through central London streets during the morning rush hour. Two of the horses required operations and one was transferred to an equine hospital, the British Army said on X, the social media platform.

  • Alphonsi calls on Red Roses to step up ahead of Grand Slam decider

    England have the opportunity to secure a fifth successive Grand Slam title in competed Championships against France

  • Influencer who built her career on TikTok reacts to potential ban: ‘It might be great. It might be awful’

    As President Biden signs the TikTok ban bill into law, giving the app’s China-based parent company nine months to sell, fashion influencer Bridget Brown tells Kaleigh Werner about the uncertainty she feels around the future of her career

  • Chemicals maker Dow beats quarterly profit estimates

    China's manufacturing activity expanded for the first time in six months in March while U.S. manufacturing grew for the first time in about 18 months, benefiting Dow whose products are used in a range of industries. The Midland, Michigan-based company reported operating earnings per share of 56 cents for the quarter ended March 31, compared with the average analyst estimate of 45 cents, according to LSEG data.

  • US court jails Chinese student who threatened and harassed pro-democracy activist

    Student set to be deported for issuing threats to Chinese-origin activist

  • Fire burns a restaurant and hotel in eastern India, killing 6 and injuring 20

    A major fire that engulfed a restaurant and hotel in eastern India on Thursday killed at least six people and injured 20, a local fire officer said. The fire began when a cooking gas cylinder exploded while diners were eating in the restaurant, and it soon spread into an adjacent hotel in Patna, the capital of Bihar state, said Satya Prakash, the officer. At least 40 people were rescued from the two buildings by firefighters who doused the blaze using more than a dozen fire engines, Prakash said.

  • Giant fossil footprints lead to discovery of megaraptor dinosaur in China

    Fujianipus yingliangi was a giant relative of velociraptors made famous in Jurassic Park

  • Scholz promises support for pharma sector in Germany as Merck invests

    German Chancellor Olaf Scholz said he was committed to supporting the pharmaceuticals sector with tax advantages for research and cutting red tape for trials at a ceremony with Merck, which is investing 1.5 billion euros ($1.61 billion) in Germany. The drugmaker plans to use its new life sciences Advanced Research Centre in the western city of Darmstadt, which it is spending 300 million euros on, to develop services and digital platforms to help scientists work more effectively. Scholz said he wanted Germany to build on a 2.3 billion euro investment by Eli Lilly in the western town of Alzey and other development plans by Novo Nordisk, BioNTech, AbbVie and Roche for Europe's biggest economy.

  • Pop star Proms sparks debate over modern music at classical festival

    There has been some concern about what Sam Smith might wear

  • Dozens of pilot whales die in mass stranding on Australian beach

    Around a hundred manage to return to the sea

  • Ukraine, Israel bill to bolster Lockheed, RTX profits

    Lockheed Martin Corp and RTX Corp, fresh off a surge of orders in response to Russian aggression against Ukraine and the war in Gaza, stand to profit from $95 billion of mostly new weapons funding as the increasingly drawn out conflicts renew demand for pricey equipment. On Wednesday, President Joe Biden signed a hard-fought bill into law that provides billions of dollars of new U.S. aid to Ukraine for its war with Russia, including $61 billion for Ukraine and $26 billion for Israel. "There are now factories breaking ground around the country," because of the new funding and several recent "supplemental" funding rounds, said the Pentagon's acquisitions chief Bill LaPlante on Wednesday.

  • These Stocks Are Moving the Most Today: Meta, IBM, Ford, Anglo American, Impinj, Microsoft, Alphabet, and More

    Shares of Meta Platforms tumble after a disappointing outlook, while IBM slumps after revenue misses analysts’ estimates. Microsoft, Alphabet, and Intel are scheduled to report earnings after the close of trading Thursday.

  • UK police make additional arrest over migrants' deaths in Channel

    British police said on Thursday they had arrested an additional individual over the deaths of five migrants, including a child, who died attempting to cross the Channel from France on a small boat earlier this week. The 18-year-old from Sudan was arrested on Wednesday evening in Kent, southeast England, on suspicion of facilitating illegal immigration and entering the UK illegally, the National Crime Agency (NCA) said. Three other men have also been arrested in connection with the fatal crossing, but one of these, a 19-year-old from Sudan, has since been released without charge and will be dealt with by immigration officials, the NCA said.

  • Turkish rail officials jailed for more than 108 years for crash that left 25 dead

    A court in Turkey sentenced nine rail officials to more than 108 years' imprisonment over a crash six years ago that killed 25 people, local media reported on Thursday. A passenger train operated by Turkish State Railways derailed in July 2018 as it passed through Corlu district some 110 kilometers (68 miles) west of Istanbul. The train was traveling from Unlukopru, near the Greek border, to Istanbul’s Halkali station, Turkey’s main rail route to Europe.

  • SNP's power-sharing deal with the Scottish Greens collapses

    It follows the government's decision to scrap key climate targets and its response to a review into gender services.

  • Giuliani among 18 indicted in Arizona election case

    STORY: Former lawyer to Donald Trump, Rudy Giuliani, is among 18 people charged by a grand jury, with allegedly taking part in an Arizona scheme to install fake electors to re-elect then-U.S. President Trump in 2020.The indictment, unsealed on Wednesday, stems from efforts to reverse Democrat Joe Biden's victory in several states that year, based on Trump's false claims that he had been re-elected.Giuliani's spokesman confirmed the former New York mayor was among seven defendants whose names were initially redacted in the indictment.Another is identified as chief of staff in 2020, who was Mark Meadows.Arizona's Attorney General said the redacted names would be made public after serving the indictments to all defendants.The court document lists Trump as an unindicted co-conspirator, under the description of "a former president of the United States who spread false claims of election fraud following the 2020 election".The 11 defendants whose names were immediately made public in the indictment correspond to those who allegedly served as fake electors for Trump in Arizona. They are charged with nine counts of crimes, including conspiracy, fraudulent schemes and forgery.Electors are people chosen to formally cast a state's electoral votes in the U.S. Electoral College system used in presidential elections.Arizona was one of seven states where Trump allies sought to award those state's electoral votes to Trump - even though those states were won by Biden.

  • BlackRock-backed Decarbonization Partners raises $1.4 billion for first fund

    Climate-focused investor Decarbonization Partners, a tie-up between BlackRock and Singaporean state investment firm Temasek, said on Thursday it had raised a higher-than-targeted $1.4 billion for its first fund. Others to back the venture and late-stage growth equity fund, which will focus on companies that can help accelerate the transition to a low-carbon economy, include U.S. insurer Allstate, Spanish lender BBVA and energy firm TotalEnergies. In total, more than 30 institutional investors from 18 countries invested in the fund, the firm said in a statement, including public and private pension funds, sovereign wealth funds and family offices, helping it pass a $1 billion target.

  • Rachel Chinouriri: 'England's my home, even if I've felt unwelcome'

    Rachel Chinouriri says she wants to reclaim the England flag, which features on her album artwork.

  • FOREX-Yen at multi-decade lows, dollar drops before US data

    The yen hit a fresh 34-year low versus the dollar and a 16-year low against the euro on Thursday as investors expect a Bank of Japan policy meeting that ends on Friday to not be hawkish enough to support the Japanese currency. Japanese authorities "are between a rock and a hard place", said Athanasios Vamvakidis, global head of G10 forex strategy at BofA. "If they buy yen, pressures can still arise because many investors are waiting for intervention to sell the Japanese currency," he added, arguing that the yen could reach 160 even if there is intervention.

  • Doctor Who confirms Emily in Paris star in villain role

    Doctor Who has confirmed that Emily in Paris star Paul Forman will play a new villain in the upcoming season.