Loses bias case
Judge says former Bumpy’s owner violated rights of racial justice activists.
The former owner of a Schenectady ice cream parlor who threatened racial justice activists last summer by pointing a pellet gun at them, among other threatening behavior, violated their civil rights, a state Supreme Court justice ruled.
David Elmendorf, the former owner of the once-popular Bumpy’s Polar Freeze ice cream shop, was sued by state Attorney General Letitia James last year. James accused him of filing a bogus police report alleging that people attending a Black Lives Matter rally outside his business were toting weapons.
State Supreme Court Judge Michael Cuevas ruled in James’ favor and determined Elmendorf engaged in “discrimination, harassment, making violent threats and filing false, race-based police reports” against peaceful protesters, James’ office announced on Wednesday.
Elmendorf will be required to pay $500 to each of the nine victims he harassed and threatened, among other stipulations that will bar him from communicating with or otherwise threatening activists in the future, according to the ruling, which was issued on Monday.
James called the case groundbreaking. It was the first brought by her office’s Hate Crimes and Bias Prevention Unit.
“There is zero tolerance for harassment, intimidation or violence of any kind against anyone in New York,” James said in a statement. “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, racebased police reports, will be held to the fullest extent of the law.”
Elmendorf has categorically denied every allegation and continues to maintain his innocence, his attorney said on Wednesday.
“My client was never
served with this complaint,” James Mermigis, his attorney, said. “He didn’t do any of this, it’s all bulls—t. He was terrorized at his place of business.”
Elmendorf was also cited for numerous health code violations and fined $10,000 by Schenectady County before closing his business, which is now under new ownership after reopening in March under a different name.
James’ lawsuit was the first filed under a new authority granted by the state Legislature last year allowing her office to prosecute parties making “false, race-based” police reports to local authorities.
Bumpy’s last year briefly became the nexus during a summer of reckoning on systemic racism and
police brutality when text messages allegedly authored by Elmendorf circulated on social media, revealing the use of racial epithets and his refusal to hire Black employees.
A series of protests culminated with Elmendorf pointing a .22 caliber air rifle and baton at protesters, which resulted in his arrest on menacing charges.
Elmendorf also called local police and made false reports, claiming protesters were armed when they were not, according to James’ office.
The lawsuit charged Elmendorf with intending to choose his victims based on race, which is in violation of the state’s Civil Rights Law, as well as “violating their ability to practice their civil rights
to peacefully protest when he threatened to use physical force and harassed protesters with racial slurs.”
Local officials, faith leaders and activists hailed the ruling, including Schenectady-based All of Us, which organized the demonstrations that ultimately swelled to hundreds of people outside of the Woodlawn business.
“The outcome of the case brings us a step closer in our journey to addressing racism in our region and in our state,” said All of Us co-founders Jamaica Miles and Shawn Young in a joint statement.
They continued: “This is a victory for all who stand against racism. This is a victory for the many businesses that actively support their entire community. Racism thrives in silence and in the dark.”
Miles and Young also thanked community members who drew attention to Elmendorf ’s behavior and business practices, “especially those who were willing to relive their traumatic experience testifying about what happened.”
Schenectady County
Attorney Chris Gardner initially triggered the probe when he asked the state attorney general’s office to conduct a civil rights investigation.
“This decision demonstrates that government at all levels is committed to seeking justice for all members of our community,” Gardner said.
Mayor Gary Mccarthy, also praised the outcome, saying it “sends a clear message that racism and hatred will not be tolerated in our community.”
▶