St. Louis, MO — A legal dispute surrounding a now-closed St. Louis restaurant, Brew Tulum, which alleged lead contamination in its space, is pending a judge’s decision on whether it will proceed to a jury trial. The St. Louis Circuit Court conducted a hearing on Monday, presided over by Judge Joseph Patrick Whyte, to deliberate on a motion to dismiss the lawsuit filed by Brew Tulum’s co-owners, Laura McNamara and Alberto Juarez, against Delmar Maker District associates.
The controversy began after McNamara and Juarez closed their establishment, which served Yucatán cuisine, in 2023. They claimed that their leased space was fraught with construction dust containing lead, which was only exacerbated by what they considered an improper build-out by the landlord. The couple alleged serious oversights in health and safety compliance, which they said led to the contamination.
The initial lawsuit was lodged against the landlord, Park Property Management LLC, alongside property owner Bridge Delmar LLC, and Doug Auer in January 2024. Park Property Management is known for owning Third Degree Glass Factory, while Delmar Maker District is co-owned by entrepreneur Jim McKelvey, co-founder of Square, and Auer of Third Degree Glass Factory.
During Monday’s hearing, Teresa Dale Pupillo, representing the defendants, contested the viability of the claims made by McNamara and Juarez, describing some of them as “borderline frivolous.” Despite the dispute, the presence of lead itself was not contested; however, Pupillo minimized its significance by indicating that lead contamination is a common issue across St. Louis.
The lawsuit detailed that McNamara initially became alarmed over lead exposure when a routine blood test of her son revealed elevated lead levels, which subsequent tests confirmed were even higher in her and Juarez’s blood. Environmental tests conducted by St. John Environmental Consulting found lead concentrations in the restaurant that greatly surpassed the Environmental Protection Agency’s safety thresholds. Despite these findings, Pupillo argued that their significance was negated by a separate assessment commissioned by the landlord, which did not corroborate these hazards.
Following the discovery, a cleanup was mandated, although not directly by the EPA as initially reported by the plaintiffs, countered Pupillo. Nonetheless, McNamara’s lawyer, Michael Lawder, argued that the remediation efforts undertaken by the landlords were not voluntary but were necessitated by legal and regulatory pressures.
As the case unfolds, the implications of the allegations extend beyond the immediate health concerns, suggesting potential lapses in regulatory compliance and property management practices. Moreover, the case echoes broader concerns regarding environmental safety and tenant rights in commercial leasing.
A separate yet poignant chapter of Brew Tulum’s saga is their intended comeback in Laclede’s Landing, a plan abandoned due to prolonged delays, as announced last October on social media. The misfortunes of Brew Tulum highlight the complexities and challenges faced by small business owners navigating property issues and market pressures.
The court has slated the case for a jury trial on March 17. The outcome of this case could set a significant precedent for how landlords and management companies handle environmental safety issues and tenant concerns.
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