Certain restaurant violations almost always held up

From the NY Post:

A new report shows that “sanitary” violations issued against restaurants by city health inspectors were upheld 97 percent of the time in administrative court last year. The appeals are heard by an independent health tribunal.

By comparison, 67 percent of the Taxi and Limousine cases against cabbies were upheld. And violations issued by other departments — such as Sanitation, Fire, Buildings, Transportation and Environmental Protection — were upheld just 57 percent of the time.

Local district attorneys could only dream of such success. The felony conviction last year was 55 percent in The Bronx, 58 percent in Brooklyn, 69 percent in Manhattan, 68 percent in Queens and 62 percent on Staten Island, according to data compiled by the state Division of Criminal Justice Services.

Restaurateurs have long complained that the fine-driven inspection system is rigged against them, making it more difficult to challenge violations. And they’re appealing to Mayor-elect Bill de Blasio for fairness.

A de Blasio spokesman referred The Post to an April 2012 report from his Public Advocate’s Office charging that fines against small- business owners — particularly eateries — had spiraled out of control under Mayor Bloomberg, nearly doubling over a decade.

According to the health tribunal analysis, 97.2 percent of violations were upheld and 2.8 percent were dismissed. Of the cases upheld, 61.1 were sustained outright and 36.1 were the result of settlements.