Key West takes aim at predatory cosmetic store sales practices

BY PRU SOWERS

KONK LIFE STAFF WRITER

Trying to stop a perceived rise in complaints against aggressive sales techniques at Duval Street cosmetics stores, Key West City Commissioners passed on first reading new restrictions and penalties.

But an attorney for the six Key West cosmetics shops threatened a lawsuit if the amended ordinance passes. And Commissioner Sam Kaufman worried about possible anti-Semitism behind some of the protests and warned about violence against store employees and customers.

The Key West Rip-Off Rapid Response Team has staged several peaceful protests over the past year outside Duval Street cosmetic stores that it believes are taking advantage of customers with aggressive sales tactics, expensive products and refusals to issue refunds. There have been stories of elderly men and woman who are enticed into a store with promises of free samples, then sold hundreds and thousands of dollars’ worth of cosmetic products. In some incidents, a store has refused to issue a refund when the customer requested one.

Kaufman circulated a short cell phone video showing a recent fight between a young store customer and one of the Rapid Response protestors outside a Duval Street cosmetic store. The video shows the protestor has backed the customer up against a wall and is grappling with him. As the customer’s mother and sister rush to separate the two, the protestor kicks the customer and shoves his head back as the young man tries to pick up his purchase from where it dropped on the sidewalk. It is unclear what happened before the video begins that started the fight.

“I understand that the young man was a teenager with his mother and sister (shown in the video as well) who purchased a product from a cosmetic store on Duval Street. I am told that the young man touched one or grabbed one of the [protest] leader’s signs and then this occurred,” Kaufman said in an email about the video. “There is no place for violence on Duval Street inclusive of these protests.”

Kaufman also questioned city officials about the actual number of complaints against the cosmetic stores. Code enforcement officials were not at the Jan. 2 city commission meeting to respond, but Kaufman said he was told there were only three complaints filed with police in 2018 against the stores.

All six of the Key West cosmetic stores are owned and operated by Israeli Jews. Kaufman, who is Jewish, warned against possible discrimination and “categorization” from some of the sidewalk protestors.

“I’m not here to defend cosmetic shops. But I also don’t want to feed into the frenzy. And I certainly don’t want Israelis to be the punching bag of this town,” Kaufman said. “Let’s know what the facts are.”

Several residents went to the podium at the Jan. 2 meeting urging commissioners to take action against aggressive sales techniques. They were also worried about possible health issues from unlicensed salespeople applying product samples to customers’ faces.

“This isn’t an argument about good guys versus bad guys,” said Tavis Wernicoff, a Rapid Response protest organizer. “This is a public health issue… The key thing is touching. When you’re touching someone’s face, there is a transfer of germs. There is a transfer of public infection.”

Brigham Thompson, a local resident who has picketed outside a cosmetic store three times in the past week, read a news article warning tourists about the local cosmetic shops.

“An article like this is optically really bad for Key West, especially since we’re an island that is run on tourism,” he said. “It feels to me that Duval has turned a bit into a midway that [is] inhabited by carnival hucksters.”

The proposed ordinance, which passed 5-1 on first reading with Kaufman voting against, incorporates existing state law that says only state-licensed cosmetologists can touch a customer and apply cosmetic products such as makeup to their face or neck. If passed, the ordinance would preclude local cosmetic store employees from applying the free samples that are a big part of their sales pitch unless licensed as a cosmetologist. Violations include a $500 fine or up to 60 days in jail. And city Attorney Sean Smith said he is working on additional legislation that would increase those penalties.

“We have the ability to regulate, just not prohibit, something that the state allows,” Smith said. “It goes on to require as part of our own ordinance that if you touch an individual, you must be licensed.”

But Lowell Kuvin, an attorney representing the six Key West cosmetic stores, said he believes there is a very serious pre-emption issue with the proposed ordinance, meaning the city is overstepping its legal authority by restricting legal businesses. He warned that his clients would have no choice but to close or file a lawsuit against the city if the ordinance passes on second reading.

“From what I am hearing tonight, this particular ordinance is more aimed at putting these people out of business and to address some type of issue where people believe they’re being harassed on the street,” Kuvin said. “We have kids who are face painting. Are we going to require that person be a cosmetologist, as well, to do face painting?”

Several commissioners protested that their support of the proposed ordinance had nothing to do with the cultural and religious beliefs of the store owners and employees. More worrisome, they said, was the potential damage to Key West’s reputation if it becomes known as a town where tourists are victimized.

“Many people don’t file formal complaints. But they do tell others,” said Commissioner Clayton Lopez.

“The activity that goes on Duval Street today is a disgrace, to say the least,” said Commissioner Jimmy Weekley. “It’s not only the cosmetic shops that are ripping people off. At one time we had the same issue with some of the tee-shirt shops. We addressed that issue through ordinances.”

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