Judge: Norfolk funeral home must stay idle till hearing

NORFOLK

A Park Place funeral home under state scrutiny over alleged health code violations must remain closed until at least March, a judge ruled Friday.

Circuit Judge Karen J. Burrell denied a plea by owner Carlos Howard to keep his business operating until a state hearing on the alleged infractions in March.

A funeral home in Philadelphia told Virginia investigators that a body handled by Howard's business needed substantial reconstructive work when it arrived there. The remains leaked embalming fluid and had viscera improperly marked, workers at the Pennsylvania funeral home told investigators.

Burrell said she found insufficient proof that keeping the Carlos A. Howard Funeral Home closed until the state disciplinary hearing would cause serious and irreparable harm.

The Virginia Department of Health Professions ordered the home shuttered this month, according to court records.

Burrell last week allowed Howard to finish services he had contracted but barred him from accepting new business until Friday's hearing. Howard testified that he has done nothing wrong and the business poses no threat to the community's health.

Outside the courtroom Friday, Howard said he will be forced to lay off 12 employees, not including support staff, from the funeral home on West 35th Street. He said he plans to refer clients to funeral homes outside of Norfolk, at the same price and service he would offer.

Howard wants the state Board of Funeral Directors and Embalmers to move up the date of the hearing, which is scheduled March 8.

"They have not yet heard my side," he said. "I'm confident we'll prevail."

Howard Casway, senior assistant attorney general, argued Friday that Carlos Howard had been before the board at least five times for violations since 1977.

Kimberley Murphy, an attorney for Howard, said closing the business was not merited by the charges and would cost the owner income. Murphy noted that the board had issued no more than four summary suspensions of funeral homes and directors since 1992. She argued it's likely Howard will prevail before the state board.

Howard's supporters, including family members of the funeral in question, filled the small courtroom.

Christine Austin-Williams said her nephew's funeral was the center of the state investigation. But she said the family was pleased with how Howard handled the arrangements, which included a ceremony in Hampton Roads and shipping the remains of her nephew, who was murdered, to Philadelphia for interment.

Austin-Williams said Howard has handled four funerals for her family and she never has had problems.

"I would use him again."