New York shop owner who called cops on BLM protesters ordered to pay $4.5K

[Mike Mercury]

The ruling stemmed from a lawsuit by Attorney General Letitia James against David Elmendorf, the former owner of Bumpy’s Polar Freeze in Schenectady

https://www.foxnews.com/us/new-york-...dered-pay-4-5k

A former ice cream shop owner in Upstate New York who was accused of calling police and falsely claiming to be threatened by non-violent Black Lives Matter protesters last year was ordered Wednesday to pay them a total of $4,500 for violating their civil rights.

The judge's ruling stemmed from a lawsuit by state Attorney General Letitia James against David Elmendorf, former owner of Bumpy’s Polar Freeze in Schenectady, about 167 miles north of New York City.

Under the ruling, Elmendorf must pay $500 each to nine protesters, totaling $4,500.

Elmendorf's defense attorney, James Mermigis, said the allegations were "categorically false" and that his client's name was being smeared. Mermigis said Elmendorf was never properly served a summons, so no defense was made in court.


New York State Attorney General Letitia James

James' lawsuit was the first to rely, in part, on a new law that makes it illegal to submit a false "race-based" police report. The law was passed last year after a White woman called 911 on a Black birdwatcher in New York City’s Central Park and falsely claimed he was threatening her, reports said.

Elmendorf is accused of violating state law by making "multiple armed threats, including death threats, using derogatory racist language, against peaceful Black protestors and made false reports to the police regarding those protestors," the suit alleges.

The protesters went to his business in June 2020 to demonstrate after racist text messages Elmendorf allegedly wrote were shared on social media.

Elmendorf was also accused of calling 911 to falsely report that there were "20 armed protestors who were threatening to shoot him," according to the lawsuit. He allegedly referred to the Black protesters as "savages," the suit added.

"There is zero tolerance for harassment, intimidation, or violence of any kind against anyone in New York," James said. "As this nation continues to be plagued by division and hate, this decision sends a critical and clear message that those who perpetuate racism and discrimination, including filing false, race-based police reports, will be held to the fullest extent of the law."

"This is an important step forward, but our work isn’t over — we will continue to work tirelessly to ensure that every New Yorker feels safe and protected," James added.

Elmendorf is permanently barred from making future threats against people because of their race. He's also barred from brandishing a deadly weapon within 1,000 feet "of any person or group of persons peacefully protesting."

Elmendorf is now working in a different state.

[Louie Detroit]

Hopefully next time he just shoots the Burn Loot Murder animals.

[ratflinger]

He can start with the NY AG

[DJ_Critterus]

Wanna bet this gets appealed? If not, I hope he pays in pennies....over time.

[ratflinger]

Since when is it a violation to call the police? That's part of their job, to come and see who's right & who's wrong. And since when has there ever been a peaceful BLM protest? How many people of color are going to be issued fines over threatening the civil rights of white people? Yeah bet it doesn't go both ways.

[Mike Mercury]

Originally Posted by ratflinger

Since when is it a violation to call the police?

but...but, when the guy called the police, he used mean "non career politician" words.

In socialist America; you get fined/jailed for doing that.

[DJ_Critterus]

Originally Posted by Mike Mercury

but...but, when the guy called the police, he used mean "non career politician" words.

In socialist America; you get fined/jailed for doing that.

Max out the sentence because he didn't use the correct pronouns, too.

[Bill]

non-violent Black Lives Matter protesters

Found the first lie in the article. Their intimidation tactics are so successful, because the implicit threat of violence is both real, and always there. And as this case shows, they are backstopped by the threat of government intimidation and violence in the areas they operate in.

It's the same reason we see the Taliban guards randomly beating civilians, and nobody does shit about it. Anyone who wants to resist either group has to basically make a choice right there....am I willing to trade my life for the life or lives of a few of them.

Most sane people won't forfeit their lives over bullshit nobodies threatening violence.

[Mick]

Originally Posted by DJ_Critterus

Wanna bet this gets appealed? If not, I hope he pays in pennies....over time.

Appealed? Should be thrown out:

Elmendorf's defense attorney, James Mermigis, said the allegations were "categorically false" and that his client's name was being smeared. Mermigis said Elmendorf was never properly served a summons, so no defense was made in court.

[Strats-N-Vettes]

Originally Posted by ratflinger

Since when is it a violation to call the police? That's part of their job, to come and see who's right & who's wrong. And since when has there ever been a peaceful BLM protest? How many people of color are going to be issued fines over threatening the civil rights of white people? Yeah bet it doesn't go both ways.

Jessie Smollet got away with it.

[DJ_Critterus]

Originally Posted by Mick

Appealed? Should be thrown out:

If it gets thrown out due to that reason, can it be brought back to court if he is properly served?

[VITE1]

": Never properly served a Summons"? How the hell did the case move on without a properly served summons?

[Strats-N-Vettes]

Originally Posted by VITE1

": Never properly served a Summons"? How the hell did the case move on without a properly served summons?

Semantics on the use of "properly served" is an angle to stall while working on an appeal and charging the client more $$.