Sarasota hotel sues former employee and competing restaurant for defamation

The owners of Art Ovation Hotel filed a lawsuit in April against Nicholas Perdue, listed as a partner of the Rose & Ivy restaurant on its website, as well as the restaurant itself. Perdue was formerly employed by Art Ovation as its director of food and beverage since October 2021, before he was fired on Feb. 5 for infractions to the company's policies, according to the lawsuit.

The lawsuit claims Perdue has "engaged in a pattern of behavior designed to intimidate Plaintiffs and their employees, disrupt Plaintiffs' operations, and use unlawful and tortious tactics to cause Plaintiffs' employees and patrons to work for or patronize Rose & Ivy."

Some of the allegations against Perdue include trespassing on the hotel’s property despite being given a written directive to stay away, his continued possession of a hotel radio device used by hotel staff which he has used to make “sexual and vulgar” comments to employees, making false, derogatory statements to employees and patrons about the hotel, and getting at least one vendor to terminate its relationship with the hotel.

The boutique hotel, which opened in 2018 as part of the Autograph Collection Hotels, established itself as the city's “signature hotel of the arts,” according to previous Herald-Tribune reporting. It has since catered a fine dining, upscale bar and luxury hotel experience for its patrons. The hotel is part of the Marriott International brand.

It appears that following his termination, Perdue began working for the Rose & Ivy, a newly established restaurant located around the corner from Art Ovation at 1296 First Street in the ivy-clad I.R. Burns & H.H. Bell Building which used to house the Azul Steak & Sushi Lounge next to the Sarasota Opera House. The restaurant, owned by Raffaele Perna, is described on its website as "a modern juxtaposition of Pan-Asian flavors, tropical mystique, and traditional elegance.”

Both Rose & Ivy and Art Ovation Hotel’s fine dining restaurants boast a common customer pool and are in direct competition for patrons seeking a fine dining experience in the downtown area, according to the lawsuit.

The lawsuit seeks a jury trial, damages exceeding $50,000, to have Perdue return a radio communication device, and injunctive relief arising from Perdue’s trespassing on the property and the defendant's use of falsehoods and other unfair tactics, which have interfered with Art Ovation’s business operations.

Sarasota attorney Anthony Manganiello, who is representing Art Ovation, declined to comment about the pending case.

Perdue also declined to comment about the lawsuit against him when reached by phone Friday.

Allegations of trespassing, harassment, interference with business practices

Following more than two years of working for Art Ovation, Perdue was suspended on Feb. 2 pending an internal investigation for insubordination, falsification of beverage inventory, and making derogatory remarks, and fired three days later, according to the lawsuit.

The lawsuit claims Perdue was fired due to infractions for insubordination; interfering with another associate on the job and/or willfully restricting work output or encouraging others to do the same; a deliberate action that was detrimental to the Company's efforts to operate profitably; abusive language in the workplace; dishonesty, falsification or misrepresentation of records; and willful violation of the company's policy.

Perdue was given a written directive following his termination to stay off the hotel’s premises due to continued harassment and abusive behavior against the hotel and its employees.

The suit claims that after Perdue was fired, he told an Art Ovation employee he would “blow this whole situation up."

Almost a month later, Perdue is alleged to have entered the hotel while intoxicated around 2 a.m. on March 3 and acted aggressively toward hotel employees while “having a visible knife in his possession,” according to the lawsuit. A call to the Sarasota Police Department's Records Unit indicated that there were no calls made to police regarding a disturbance around the time the incident is alleged to have occurred.

Later the same month, Perdue is alleged to have been yelling obscenities unprompted at staff and patrons while on the sidewalk outside the hotel.

In addition, the lawsuit claims Perdue contacted employees to encourage them to quit and come work for Rose & Ivy, successfully getting at least three employees to do so. The lawsuit also states Perdue gave Art Ovation employees referral vouchers for Rose & Ivy to give to customers within Art Ovation’s restaurant to instead dine at Rose & Ivy by making “false derogatory statements” that the restaurant’s food, employees, and entertainment were of poor quality and that the hotel treated its employees unfairly.

It’s unclear in the lawsuit how much revenue that hotel may have lost due to Perdue’s alleged harassment or if any patrons have been deterred from the hotel’s restaurant.

The seven-count suit also asks the court to have Perdue return a Motorola CP200d radio, with an estimated $450 value. The owners of the hotel claim Perdue retained possession of one of the radios used by hotel employees and has not only been eavesdropping but causing increased stress and aggravation to staff through “continual inappropriate use of the radio.”

Gabriela Szymanowska, Sarasota Herald-Tribune