Community Members Rally to Propose Adjustments for Proposed Distillery Bill

A comprehensive town hall summary by DaraMonifah® Cooper on Tuesday, February 17, 2026

On Monday, February 16, 2026, at the Rotary West in Frederiksted, St. Croix, the People Protecting Places (PPP) held an evening town hall meeting about concerns with Legislative Bill 36-0211. Organized as a call to action, the event aimed to educate the public on a legislative proposal that would allow industrial-sized distilleries and breweries to operate on lands currently protected for agriculture and residential use. They also encourage people to attend the legislative hearing on Thursday, February 19, 2026, at 10:00 AM at the Legislature Hall on St. Croix.

Alice "Nailah" Charles facilitated and explained the displays of photographic and aerial evidence showing dark, acidic runoff known as vinasse flowing from the Prosperity Farm property through culverts and into the ocean at Rainbow Beach. These visuals demonstrated the "rust-colored" discharge that community members say is already damaging local ghuts and vegetation.

Alice further explained that for every one liter of alcohol produced, approximately 10 to 15 liters of waste are generated. She presented laboratory reports showing that recent discharge samples contained Enterococci bacteria levels of 9,218—massively exceeding the EPA’s safe swimming limit of 70. She warned that such pollution not only threatens the environment but also the "foundation of our tourism economy" by making popular beaches unsafe.

Click here to listen to Daniel “Danny” Coughlin, a retired civil structural engineer who lives west and downwind of Prosperity Farms, who shared a distressing account of being “engulfed in the poison” of a chemical overspray. He testified that on Friday, January 30, 2026, he was awakened at 6:45 a.m. by a large 220-horsepower tractor with a spraying attachment operating right along his fence line. When he went outside to wave the operator off, he was caught in an overspray plume of Roundup. Coughlin stated that since that exposure, his sinuses have never recovered and continue to drip. He also mentioned enduring other "inconveniences" as a neighbor, specifically a fire on May 23, 2023, that nearly consumed his home.“I believe that Prosperity Farm is a good thing, however with some finesse, it can be a clean good thing without the use of roundup,” said Coughlin.

Coughlin revealed that just a few hours before the town hall meeting, he received an email from Prosperity Farms stating in writing that "The use of Roundup as a ground cover chemical has been banned at Prosperity Farm". He expressed that this was a "shock" and believed it was a direct result of his previous complaints and demands for the farm to "cease and desist" spraying across his property. While he acknowledged this change as a positive step, his primary objective at the meeting was to lobby the government for a broader ban on Roundup for large-scale operations that impact human health.

Notably, no representation from Prosperity Farm itself was present to speak, although they were made aware of the meeting. Prosperity Farm’s Attorney Kevin Rames, who identified himself as a practicing lawyer on St. Croix for 41 years, stated that his primary objective at his meeting with Prosperity Farm, who he represents, was "to ensure that you follow every law and every regulation in the Virgin Islands." He emphasized that if he advised his client to follow a regulation and they refused, he would no longer represent them.

During his remarks, Rames shared several key perspectives on his respect for environmental standards, the legal and economic landscape of the territory including his perspective on the development, and Prosperity Farm’s lack of adherence to the process.He spoke in support of local environmental experts and agencies, stating that the community should trust them because they are "trying to protect us" and are not there to "screw anybody."

He noted that the owner of Prosperity Farm, Robert Apple, had spent $19.5 million in Frederiksted and maintained a $3 million annual payroll, suggesting that Apple had initially sought advice on how to "do things right" before becoming entangled in the current political and legal controversy. He acknowledged that previous attempts were made to "skirt around the wall" regarding zoning for rum distillation, which led to a unanimous 15-0 repeal by the legislature in 2022 after community outcry. He urged the public to "challenge your own politicians to follow the law properly" and to use the upcoming legislative hearing on the 19th as the "appropriate process" to voice their concerns.

Rames argued that St. Croix has historically suffered from a "devil's bargain" where residents took government jobs while business interests remained elsewhere, leading to a loss of opportunity that has forced many families to move to the mainland. He also spoke on the legal complexities of the matter, when challenged by community members, regarding the legality of current operations at Prosperity Farm, Rames asserted that "the law is a complex matter" and cannot be dismissed with simple proverbs. He specifically defended his client against accusations of illegal rum sales, stating that the critics were "wrong in the law" and challenged them to "meet me in court" if they believed a violation had occurred.

Rames concluded by encouraging residents to attend the legislative hearing to say what is in their hearts, as he believes following the established legal process is the only way forward.

Ann Cecile “Ceci” O'Neill, a practicing attorney who previously worked for the Department of Planning and Natural Resources (DPNR) and the Department of Licensing and Consumer Affairs (DLCA), shared insights and concerns including the legal definition of rum, food sovereignty as an economic priority, concern about (vs critique of) the developer's sincerity and shared a call to responsibility for the senators.

She noted that she is the daughter of the late Pablo O'Neill, a prominent local CPA, and that her understanding of taxes is "built inside" of her.

She argued that because the legal definition of rum is clear the debate over whether Prosperity Farm Distillery is producing rum appears unnecessary and suggesting that it is complex under the circumstances is misleading. Citing Title 8, Section 101 of the Virgin Islands Code, she stated that "rum" is legally defined as any alcoholic distillate from the fermented juice of sugarcane, syrup, molasses, or other sugarcane byproducts.

Drawing on her background as an economics major, she emphasized that food independence is the "number one thing" required to build and develop a territory like the Virgin Islands. She expressed concern that current legislative efforts were not prioritizing long-term food security.

O'Neill shared that she had visited Prosperity Farm and found the site beautiful but was deeply troubled by the “gloating" and "distortion from the truth" she heard from the owner regarding his business practices and tax situation. She questioned how a sincere conversation could occur if the developer was "skirting" definitions and not being transparent with the community.

She reminded the senators and the governor that "with power comes responsibility" and urged leaders to "wake up" and prioritize the interests of their "brothers and sisters" in the community over corporate gains.

O'Neill concluded by stating that the only way forward is through continued community fighting and town hall meetings to hold legislators accountable.

“This bill does not look like it was crafted for the community, for industry, nor with regard to our lands and water. It reads as if it was designed specifically for Robert Apfel and his desire to distill rum on the Virgin Islands which is prohibited unless you are in an industrial zone, said Lindsey Simmonds, VIPPP member.

Bill 36-0211 and the Conflict with the Land Use Plan Participants (CLWUP) argued that Bill 36-0211 directly violates the CLWUP, which was adopted to end politically driven "spot zoning" in favor of professional oversight., Critics noted that the bill is a "zoning carve-out" that would allow industrial alcohol production to "push straight through" without traditional coordination with the Department of Planning and Natural Resources (DPNR).

“It’s not that he doesn't have an option, it’s that he refuses to take the one available to him and it will put our food security at risk, our environment will be strained and damaged, and we will lose agency in the making of our own laws that should represent the people here and not what another wants to get out of here,” said Simmonds.

The bill specifically proposes redefining "agricultural processing" to include micro-distilleries and breweries, allowing them in A-1, A-2, R-1, and R-2 zones with a production limit of 100,000 gallons per year—double the typical U.S. limit for small operations. Furthermore, the bill replaces public hearings with a mere 20-day public notice, which violates the CLWUP's mandate for transparent public participation.

“This is not about micro-distilleries. It is about protecting the land that feeds us. We believe economic development can coexist with food security — but changing Title 29 should not come at the expense of future generations of farmers, fishers, and food producers,” Sommer Sibilly-Brown, Virgin Islands Good Food Director.

The Virgin Islands Good Food Coalition's position statement on the bill states, “The central question before policymakers is not whether microbreweries can operate in the Virgin Islands. The central question is whether agricultural zoning will continue to serve its primary purpose: protecting food production and long-term resilience. Expanded commercial uses in agricultural zones may increase land values and lease rates, making it more difficult for small and emerging farmers to access and retain acreage for food production. Water-intensive operations may increase competition for limited groundwater resources, particularly during drought cycles.

The Virgin Islands’ terrestrial and marine systems are deeply interconnected. Increased

runoff, wastewater discharge, sedimentation, or groundwater contamination can affect

nearshore ecosystems, coral reefs, seagrass beds, and fish nursery habitats. Fisheries

productivity depends directly on water quality and coastal health. Given the recency of the Territory’s adopted agricultural, land use, and resilience plans, zoning amendments should demonstrate clear alignment and sequencing. Environmental safeguards, monitoring standards, and interagency coordination should be defined before expanding permitted uses in agricultural districts.”

Frandelle Gerard raised several critical points during the town hall meeting on environmental transparency, land-use law, and the economic future of St. Croix.

Her key statements included a reference to a suppressed DPNR report, violations of the Comprehensive Land and Water Use Plan (CLWUP), economic skepticism of the industry, a focus on food sovereignty, and a reality about the low-wage employment of the tourism industry.

Gerard revealed that a multi-agency inspection was conducted at the farm following the reported environmental discharge. She stated that a report exists from the Commissioner of the Department of Planning and Natural Resources (DPNR) that has not been released to the public. This report reportedly contains findings from professional staff and an EPA representative, specifically highlighting that there is no approved wastewater management plan for the facility. She urged the senators to demand the release of this document before the February 19th hearing.

She argued that the legislature is violating the CLWUP—which is already law—by continuing to engage in "spot zoning" and "pop-up changes" to benefit specific interests. She noted that the plan was designed to prevent these exact types of political zoning adjustments.

Gerard questioned the viability of the micro-distillery and brewery industry, stating it has "tanked" in the United States and Canada. She argued that these operations are expensive and often fail when too many are concentrated in one area.

Historical Warnings on Industrial Development: She referenced historical "deals with the devil" where agricultural land was sold for industrial use, such as the alumina and oil refineries. Gerard pointed out that despite having the largest oil refinery in the world, St. Croix maintained the highest unemployment and poverty rates, suggesting that outside industrial interests do not necessarily benefit the local population.

She presented an alternative economic vision, noting that a 30-to-60-acre vegetable farm could generate $1 million annually for 30 farmers. She challenged the government to "put our money where our mouth is" regarding food security goals.

She also warned that the tourism industry, if not locally owned and operated, primarily produces "low-wage employment" such as cleaning rooms and serving food, rather than building community wealth.

PASSIONATE YOUTHFUL PERSPECTIVE

Tiniqua Knowles, a young mother who hosts a radio show Friday afternoons on WSDX 970 a.m., emphasized that she was speaking up to ensure that her children’s future would not be defined by the environmental and political struggles the community is currently facing.

Knowles argued that regardless of whether the facility produces rum, gin, or vodka, the core issue is the potential for alcohol production to damage the "beautiful blue waters" that are vital to St. Croix's tourism and flourishing economy. She expressed deep frustration with a system where the "highest payer" often speaks for the rights of the people. She criticized the government for failing to support local entrepreneurs while keeping their hands tied, and she highlighted the recent dismissal of the Attorney General as evidence of the risks faced by those who speak out.

Drawing a comparison to the massive turnout for local celebrations like J'ouvert, she urged the community to show the same level of passion and "walk around for our children" to ensure their voices are heard. She stated that a petition of 1,000 names is not enough and that the community must make up its mind to act together.

She noted that the meeting took place during February but reminded the audience that "black history shouldn't be pushed into one month because black history is history.” She concluded by inviting the community to join her on her radio show to continue discussing the "monstrosity" of the proposed legislation.

ALTERNATIVE SOLUTIONS TOWARDS COMPROMISE Prospective solutions were mentioned by various audience members. Jeff Guymon suggested that Prosperity Farm could significantly improve its operations and environmental impact by utilizing a commercial biodigester to treat its waste.

According to Guymon, this alternative process would benefit the farm and the community in several ways, including alternative methods of energy production from methane gas, preventing soil destruction, and creating useful byproducts, as well as economic feasibility.

The biodigester would take the vinasse (the acidic liquid waste from distillation) and convert it into methane gas. This gas could then be used as a source of energy to power the distillery facility itself. He warned that repeatedly applying raw, untreated vinasse to fields eventually destroys the soil, which would in turn ruin the farm's own sugarcane crops over time. Treating it through a biodigester first would avoid this damage.

The process would generate a liquid fertilizer as a byproduct, which could then be safely used on the soil. He noted that since the developer has significant financial resources, they should "spend the money" on this technology rather than "attacking the problem the wrong way,” said Guzman.

Guymon also emphasized that he had previously demonstrated a working version of such a biodigester to the Department of Agriculture, including officials Positive Nelson and Tafari Tzaddi, to show that the technology is effective and available.

CONCERNS ON GOVERNANCE

Ryan Flegal raised a fundamental question during the town hall meeting regarding the integrity of local governance: "How do all of you want laws to be enacted? How do we want our home to be governed?" He urged the community to reflect on the process behind the introduction of Bill 36-0211, arguing that its progression suggests a system influenced more by wealth than by public consensus.

Flegal’s argument centered on the re-emergence of a rejected issue, broken promises and lack of trust, concerns over executive branch overreach, and the need for grassroots governance.

Flegal reminded the audience that in August 2022, the community had "decisively" rejected a similar attempt to allow rum distillation on agricultural land, leading all 15 senators to vote for a repeal. He questioned whether someone with "money and influence" should be able to simply "wait a few years and try again" by hiring a new attorney and finding a different politician to resubmit a proposal the community had already adjudicated against.

He detailed a private "compromise" meeting held in 2022 at the developer's request, where the owner of Prosperity Farm allegedly pledged to abandon plans for a distillery. Flegal noted that only about 25% of what was agreed upon actually happened, and he expressed surprise that despite these promises, the word "distillery" was eventually added to the farm's signage.

He raised concerns about the Governor (the executive branch) submitting this legislation, asking, "What's he doing legislating this?" He suggested that if the bill is passed, it sets a troubling precedent for how laws are made in the Virgin Islands.

Flegal argued that the current pathway for the bill lacks genuine community involvement. He stated that instead of laws being reintroduced on behalf of wealthy individuals, the grassroots community should be the ones defining what works for them and proposing those changes to the government.

He concluded that Bill 36-0211 is "way misplaced" because it fails to provide a pathway for governance that truly originates from the people of the territory. THE PETITION

The 1,000-person petition hopes to achieve a repeat of a 2022 victory where a similar measure was unanimously repealed after residents demonstrated widespread opposition. The action the community is being asked to take is to attend the legislative hearing this Thursday, February 19, 2026, at 10:00 AM at the Legislature Hall on St. Croix. Organizers urged everyone to be vocal and "hold the sheet up" to show senators that the grassroots community stands united against the bill.

“Move the distillery, no jobs will be lost thus so no need to pass this thoughtless bill,” said Charles. “I will be testifying and hope everyone shows up to support.”