Owners of Falmouth cafe say lease termination is in retaliation to allegations of racism

Rachael Devaney, Cape Cod Times
·4 min read
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During a recent Falmouth Economic Development & Industrial Corporation public meeting, John Marcellino spoke about his allegations of racisms against the agency's board of directors, and staff.

When Marcellino surpassed the three-minute time allotment to speak, he said agency staff called police.

"Officers came in, looked around, and left," said Marcellino, who holds a lease, along with his wife Marion Marcellino, with the economic development agency for The Station Grill.

The café is at 59 Depot Ave. in the Falmouth Station, a state-owned building.

"This is what racist people do — they call the cops on a Wampanoag and Cape Verdean man who was only speaking truth," said Marcellino. "They don't want people to know how racist this town really is. They want to silence me."

In early November, The Station Grill co-owner John Marcellino talks about video cameras that he objects to that were set up inside and outside of the Falmouth Station. The restaurant has been inside Falmouth Station, a state-owned building, since 2018 but the lease was not renewed as of year-end.
In early November, The Station Grill co-owner John Marcellino talks about video cameras that he objects to that were set up inside and outside of the Falmouth Station. The restaurant has been inside Falmouth Station, a state-owned building, since 2018 but the lease was not renewed as of year-end.

Backdrop: renegotiation of a lease

Trouble has been brewing between John Marcellino and the economic development agency.

Since The Station Grill opened in 2018, Marcellino claims he has had duties at Falmouth Station outside his lease agreement, without pay.

In January 2021, Marcellino renegotiated a two-year lease with the agency for the restaurant space.

In May 2022, Marcellino filed a complaint with the Massachusetts Commission Against Discrimination against development agency board members and staff.

In discrimination complaint documents, Marcellino accuses agency Executive Director Wayne Lingafelter and Lynne Broderick, former executive assistant, of discrimination and racism. In the complaint, Marcellino accuses Broderick of telling him to hire more white people at The Station Grill. Broderick resigned from the agency in November. Lingafelter told the Times that Broderick's departure was unrelated to the May 2022 discrimination complaint.

What is Falmouth Economic Development & Industrial Corporation?

The nonprofit was established in 1981 by a Falmouth town meeting vote. Seven volunteer directors were appointed by the Select Board.The agency currently has three tenants at Falmouth Station including The Station Grill, Peter Pan Bus Lines, and Plymouth & Brockton bus service. All three tenants pay rent to the development agency. Lease agreements are held with The Station Grill and Peter Pan Bus Lines. Plymouth & Brockton holds a license agreement, said Lingafelter.

The end of a lease

The Marcellino's lease on The Station Grill property ended Sunday, at year end, after the development agency declined to renew the lease.

On Dec. 12, a constable delivered a notice to quit letter to John Marcellino at The Station Grill. The letter states that Marcellino is in default of his lease for nonpayment of rent. Lingafelter provided the notice to quit letter to the Times."The notice and eviction is in retaliation for filing a complaint with the MCAD," said John Marcellino. "But we still have an active investigation with the MCAD. The case is moving forward."

Emails dated Nov. 14 sent to Marcellino from commission investigators, and viewed by the Times, indicate that the investigation remains ongoing.

Falmouth Station is a former railroad station and is now a bus stop at 59 Depot Ave. in Falmouth.
Falmouth Station is a former railroad station and is now a bus stop at 59 Depot Ave. in Falmouth.

Bidding could occur for space occupied by The Station Grill

Marcellino's lease wasn't renewed because the development agency has an obligation to openly compete any lease, in accordance with state procurement regulations, Lingafelter said. If the board chooses to welcome another café or restaurant to the Falmouth Station, the board will issue a request for proposals, he said.

There's a big distinction between the board not renewing the Marcellino lease and a decision to close The Station Grill, said Lingafelter. "It’s procurement law," he said.

The board is considering alternatives for the café space at Falmouth Station, including the potential return of bus company staff, and convenience food concessions, Lingafelter said.

Has Falmouth Station been running on empty?

For the last three years, according to a statement from the development agency, Falmouth Station has run in a financial deficit. Between 2018 to 2022, Falmouth Station generated $340,619 in revenues while incurring $368,965 in expenses, said the statement. Operations have roughly broken even, depending on annual maintenance and legal expenses, and that status is unsustainable, according to the statement. Lingafelter declined to provide financial documents to the Times.

The Station Grill has failed to pay roughly 30% of its financial obligations over the past two years, according to the statement. Consistent rent-paying tenants are crucial to sustaining Falmouth Station’s financial health, the agency said.

A call to the police

Lingafelter said police were called at the agency's Dec. 12 meeting after Marcellino continued to speak for five minutes, despite being asked repeatedly to step down. Thomas Feronti, the agency's interim board chair, adjourned the meeting, and Lingafelter and Mike Renshaw, Falmouth town manager, agreed to call police, said Lingafelter.

"Two officers arrived at Town Hall in about five minutes," said Lingafelter Wednesday, in an email sent to the Times. "At that point, Mr. Marcellino had left the building."

The Times called Renshaw for comment. Maura O'Keefe, the town of Falmouth's attorney, said in an email that Renshaw was unavailable for comment.

A Falmouth police log entry categorized the call as a disturbance at Town Hall Square at 8:41 a.m., Dec. 12.

What's next for the Marcellino couple?

Marcellino and his wife are disappointed to be leaving The Station Grill. They are excited about new business endeavors, which they said they will announce soon.

"Our voices need to be heard," said John Marcellino. "And some people might say I’m playing the race card. I am - 100%."

Rachael Devaney writes about community and culture. Reach her at rdevaney@capecodonline.com. Follow her on Twitter: @RachaelDevaney.

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This article originally appeared on Cape Cod Times: Station Grill in Falmouth sent notice to quit by development agency