A Buffalo bar is now shut down for COVID-19 related violations, and under scrutiny following an incident that happened during a protest Tuesday night.

What You Need To Know

  • Buffalo Mayor Byron Brown says MT Pockets has agreed to voluntarily close after coronavirus-related violations
  • Video taken on Tuesday appears to show patrons not wearing masks or social distancing during a confrontation with protesters on Hertel Avenue
  • Erie County Executive Mark Poloncarz says the Department of Health has already received more than 100 complaints
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Video from outside MT Pockets appears to show people at the bar, including one of the owners, identified as Phil Alagna, asking a woman to leave the sidewalk in front of the business.

Police also appeared to ask her to leave. Video appears to show the situation escalating, with several people coming out onto the sidewalk and into the street and confronting and swearing at protesters.

According to paperwork filed with the State Liquor Authority, Joseph Marchitti and Phil Alagna are the owners of the establishment.

Spectrum News has also confirmed that Alagna has been in a longtime relationship with state Supreme Court Justice Diane Devlin.

In response to the incident, Democratic Party Chairman Jeremy Zellner says Erie County Dems will no longer accept contributions from Alagna or hold any events at the bar. 

A sewer authority employee was also identified in the video. That person's manager says they've been suspended and the HR department is investigating.

Now the mayor and deputy police commissioner are responding.

Mayor Byron Brown says what happened is unacceptable, but also wants people to know the African American community did not call for the protest that happened last week or on Tuesday.

“It's not just about policing and protesting. It's about every institution and organization in this community needs to look at itself, look at its policies, and needs to look at how systemic racism is addressed,” Brown (D) said.

“We need to lift up those things that our community, those things that are solution orientated, as opposed to those things that just bring more problems and more conflict to our community.”

“Please feel free to express your constitutional right to protest, but do it peacefully. We don't want problems with people and we will be out there and doing the best to ensure the safety of everyone,” said Joseph Gramaglia, Buffalo Police Department deputy commissioner.

Some of the police in the video appear to have their nametags covered with tape. The deputy police commissioner says some officers have reported getting harassed and threatened after people learn their names.

They mayor says it has been made clear that officers need to have their nametags displayed, but issued a stern warning for anyone harassing officers.

The police department has called in federal authorities to investigate these cases.

The Hertel Business Association released a statement Wednesday, saying:

"The events that took place on Hertel Avenue within the past several days have deeply saddened our community in ways that are difficult to express. The Hertel Business Association has been in touch with residents, businesses and those who were present for the incidents that occurred, and we are grateful to be a safe place for folks in our neighborhood to confide. Most recently, we have heard from so many community members and business owners about what occurred last night on Hertel Avenue. We feel compelled to speak on the appalling behavior displayed by several individuals involved in the confrontation. With that said, the Hertel Business Association does not condone racism, hate or intolerance of any kind. The Hertel Avenue community not only thrives on the diversity of its business owners but in that of our community residents and visitors. Hertel Avenue represents the most vibrant shopping district in all of Upstate New York and it is unacceptable that people are engaging in any physical assaults or verbal abuse when peaceful protest is taking place on our neighborhood streets. The behavior of a few loud and disrespectful voices is not a reflection of our diverse community and will not be tolerated. There is simply no place for that on Hertel Avenue or anywhere in our beloved City of Buffalo. The business that is affiliated with last night’s incident is not a member of the Hertel Business Association. As an association we serve to support the community and its businesses but have no authority to govern the law of which they operate. However, we have control over the message that stands strong to our mission that this behavior is not condoned in our neighborhood and we welcome kindness, diversity, understanding and to join together for the greater good of all our neighbors."