A New York State Supreme Court judge ruled in February a discrimination lawsuit accusing the town of Southport of discrimination can move forward, denying a town-filed motion to throw it out.  

Charlie Todd and his business partner Glen Miller alleged Southport officials refused to allow them to make upgrades to their 16-year-old garden center and florist business, in part, because of their sexual orientation.

“When I was told I had to pick my application back up because they wouldn’t accept it the way it was written, they said you have to become an event center,” Todd said. “And I was looking at town people that I know saying, ‘What are you talking about?’”

Since Todd had no interest in hosting large-scale events, and the land doesn’t touch residential property, he started asking questions.

“When I said to the town what’s prompting all this they said, ‘You just have to.’ I said, ‘Are there any complaints? Have we done anything wrong?’ And ‘nope, nope,’” Todd recalled.

Neither the town nor its attorney responded to several messages left requesting comment for this story.

Rather than an event space, Todd and Miller, who are in a relationship, wanted to upgrade Chamberlain Acres Garden Center and Florist with a new 480-square-foot open-air structure, add indoor bathrooms and new water, electrical and gas lines. Todd also planned to install a commercial kitchen to better accommodate the year-round farmers market hosted on the property.  

“We took out a loan for $125,000,” he said. “[We were] planning to spend another $100,000 or more on the structure itself.”

Todd reluctantly re-submitted his application and waited for months while the town wrote an amendment to the current code to clearly define what an event center was and to determine if Chamberlain Acres was complying.

Todd said the change amounted to a revised version of a plan originally written for a rodeo venue years ago. It included restrictions he said would hamper his business and prevent him from hosting the farmers market.

“I feel that unfortunately at this point our sexuality played into a big part of feeling that we could just be pushed back,” Todd said. “And you’ve got customers coming in and telling me ‘You know why this is going on.’ And you really don’t want to think anything like that goes on, but let’s face it.”

To add to his frustration, Todd said a competing business owned by a sitting Southport town board member was allowed to make upgrades and host large-scale events without facing the same code restrictions. That’s something a State Supreme Court judge cited in February when he refused to dismiss the lawsuit.  

In court paperwork, the town’s attorney argued Todd failed to submit engineer-stamped drawings and an environmental impact statement for the project. The town argued that’s why Todd’s application was ultimately denied, not because of discrimination.

Todd said these requests came only after he hired an attorney and went public with his story.  

While the case moves forward, Todd said he is doing everything he can to keep his business and finances afloat. After three years in limbo, he hopes to finally move forward.

“I lost my mother a year and a half ago,” he said. “I’m dealing with some health issues right now that were unforeseen. And to be sitting in a situation where you just feel so vulnerable. And literally for what reason?”