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Paint by the numbers: family business celebrates 100 years and counting

By Joanne Beck
Chmielowiec guys
Pictured from left are the Chmielowiec men of the more recent family business: Jack Jr., Ron, Jack Sr., Bob, Paul, and Don, a brother of the family's third generation who worked for the company during high school and college.
Submitted Photo

When Anthony Chmielowiec came to the United States in the 1910, he most likely knew that there would be hard work and uncertain times involved as he eventually pursued the American dream of becoming a successful business owner. 

And even when he didn’t know something, he suspended and pushed beyond any potential self-doubt, as was the case when offered his first managerial job.

“And this is probably the best part of our history. He came over from Poland and he settled in Buffalo and didn’t really have a job. And he saw an ad in a local paper for a painting foreman, and he had no experience whatsoever,” his great-great-grandson Jack Jr. said during an interview with The Batavian. “But he went and told them he had experience. He was hired as the painting foreman, and he watched the other painters. He learned by watching the other painters. It was the beginning of our history.”

And what a history: From those early days of Anthony Chmielowiec’s paint contracting and paint store, which led to an office and shop at 450 Ellicott St., Batavia, the business has been shared amongst the men in the family — from Anthony in 1923 and his sons Adolph (aka Jack)  and Raymond when they returned from serving overseas during World War II in 1946, to his son John Jack Sr. and Uncle Bob Chmielowiec in the 1980s, and then 13 years ago, it went to John Jack Jr. and Paul Chmielowiec. 

A. Chmielowiec and Sons opened a paint and wallpaper store on Ellicott Street in 1948, and John Jack began his own painting contracting business with his two sons, John Jack Sr. and Robert (Bob) in 1965. As the business grew, they incorporated and changed the name to Chmielowiec Painting, Inc. Commercial and Industrial painting became their main source of business, including vinyl wall coverings, epoxy floors and wall protection.

Jack Chmielowiec then retired and his sons, Jack Sr. and Bob continued to grow the business. After 45 years, both of them retired in 2010, and sold the business to their sons, Jack Jr. and Paul Chmielowiec. 

There’s no longer a shop attached to the name, and it’s a commercial/industrial painting business that caters primarily to the Rochester area, Jack Jr. said. His father, 79, was able to help celebrate the 100-plus-year anniversary of the business before he died on Tuesday. 

“I think all the family was pretty proud of the fact that we’ve sustained the business for over 100 years,” Jack Jr. said. “It’s mainly because we provide quality work, we meet certain schedules, we have a strong relationship with the contractors we do business for. It’s a pretty simple model, but it seems to work. And we treat our people good, we have good guys. It’s about as simple as it gets.”

His father retired 13 years ago and had enough trust to let it go. 

“When in a pinch and there was something he could do, he did it, but he kind of let us do our own thing,” Jack Jr. said. “I think it says a lot about the quality of the people in my family that passed it down to us. We get a lot of compliments on the quality of our work. At times they have other companies do the work and they say ‘we wish you were on the job.’”

His company does mostly interior painting work, and he can attest to the notion that although many people think everyone can paint, “everybody can’t paint.” So is there a secret to a job well done? Not really.

“Take your time and do what you’ve gotta do,” he said. 

The company has downsized since the Kodak days when it had two shifts of 30 employees painting at the plant, he said. Today there are seven employees and the office is based on Prole Road in Batavia. 

Photos courtesy of the family.

Chmielowiec store on Ellicott street
The Chmielowiec and Sons paint store when it opened at 450 Ellicott St., Batavia.
Chmielowiec grand opening
Lots of flowers help celebrate during a grand opening of the Chmielowiec and Sons paint store at 450 Ellicott St., Batavia.
Chmielowiec paint store
Chmielowiec ad
Chmielowiec T-shirt

Christmas Lights around City and Town of Batavia

By Steve Ognibene
Union Street, Batavia.  Photo by Steve Ognibene
North Street and Naramore Drive, Batavia.
Photo by Steve Ognibene

This is part two of a Christmas lights photo series.  This one features Batavia residents' houses.

Photos by Steve Ognibene

Rollin Circle, Batavia.  Photo by Steve Ognibene
Rollin Circle, Batavia.
Photo by Steve Ognibene
Union Street, Batavia  Photo by Steve Ognibene
Union Street, Batavia
Photo by Steve Ognibene
South Main Street, Batavia  Photo by Steve Ognibene
South Main Street, Batavia
Photo by Steve Ognibene
Edgewood Drive, Batavia   Photo by Steve Ognibene
Edgewood Drive, Batavia.
Photo by Steve Ognibene
Woodland Drive, Batavia   Photo by Steve Ognibene
Woodland Drive, Batavia
Photo by Steve Ognibene
Redfield Parkway, Batavia   Photo by Steve Ognibene
Redfield Parkway, Batavia
Photo by Steve Ognibene
Redfield Parkway, Batavia   Photo by Steve Ognibene
Redfield Parkway, Batavia
Photo by Steve Ognibene

Christmas Eve fog

By Joanne Beck
River Street fog
Photos submitted by JT of fog at bridge on River Street in Batavia, and below on West Main Street.
Fog on Main St

 

City streets brighten up with LED conversion project

By Joanne Beck
led lights redfield parkway
New LED lights line the median of Redfield Parkway, Batavia.
Photo by Howard Owens.

Now, in addition to the colorful Christmas tree and holiday lights bedazzling streets such as on Redfield Parkway, folks can also observe the brighter, whiter LED lights that have replaced all former dingier yellow city lights as part of a city light replacement project.

The replacement was to be wrapping up soon, City Manager Rachael Tabelski said, as crews worked their way from both ends of the city, moving from Redfield Parkway east and Lehigh Avenue westward, until they met in the middle. 

City Council approved the purchase of 948 street lights at a cost of $226,038, and future replacement of all National Grid street lights in the city. The nearly $1.7 million plan (Phase I) has an estimated savings of more than $161,000 annually. 
 

What does LED mean? Light-emitting diode. So in this season of all things merry and bright, Batavia's city streets are trying to do their part. 

For more complete story, first reported on The Batavian, go HERE.

led light downtown batavia
An LED light on a light pole, also decorated for the holidays, in Downtown Batavia.
Photo by Howard Owens.
high pressure sodium lamps downtown batavia
A photo of Downtown Batavia in September 2019 that captures the orange glow of the former high-pressure sodium lamps that used to illuminate the city. The new LED lights produce a white light.
Photo by Howard Owens.
jackson street high sodium lights batavia
A photo taken on Jackson Street, Batavia, in January 2015 of a bike rider also shows the orange glow of the former high-pressure sodium lamps that once illuminated the city. These lights were owned and replaced by National Grid. 
Photo by Howard Owens.

BMS students deliver thank-you goodies during holiday give-back to community

By Joanne Beck
Students from Batavia Middle School give back to services in Batavia.  Photo by Steve Ognibene
Students from Batavia Middle School stop to visit the City of Batavia Fire Department on Thursday.
Photo by Steve Ognibene
Each year at Batavia Middle School, staff and administrators coordinate a Give-Back Day for students, and this year's event took them to several local places to spread a little seasonal cheer.
 
"Every student in our building creates gifts for community agencies and businesses that support our school, and then we personally deliver them the next week to show thanks and appreciation," Middle School Principal Nate Korzelius said. "It is a wonderful experience for our students and they enjoy this opportunity to give back."
 
They had a full itinerary on Thursday, dropping off thank-you treats, visiting and caroling at The Manor House, Richmond Memorial Library, the Department of Social Services, Tim Horton's, WBTA, the city fire and police departments, Probation and Child Protective Services, Family Court, STEP, Genesee County Sheriff's Office, Pizza 151, YMCA, Mancuso Bowling Center, Genesee County Animal Shelter, Cinquino's Pizza, the city school's administration office, and Miss Batavia, which also included lunch. 
Batavia Fire Department staff receiving gifts.  Photo by Steve Ognibene
Batavia Middle School students deliver some thank-you goodies to City of Batavia Fire Department staff.
Photo by Steve Ognibene
Batavia Fire Department staff receiving hot drinks.  Photo by Steve Ognibene
City of Batavia Fire Department staff receive hot drinks from BMS students during the give-back day.
Photo by Steve Ognibene
Caroling at Tim Hortons.  Photo by Steve Ognibene
Students from Batavia Middle School break out their best vocals for seasonal caroling Thursday at Tim Hortons in Batavia.  Photo by Steve Ognibene
WBTA 1490 staff excited that students stopped by to give back to community.  Photo by Steve Ognibene
Staff members from WBTA in downtown Batavia, including new company owner Jim Ernst, center on right, share in the excitement of a visit from BMS students during their give-back tour throughout the community on Thursday.
Photo by Steve Ognibene
Batavia Police department welcomed students who brought gifts.  Photo by Steve Ognibene
Batavia City Police officers welcome BMS students Thursday as they deliver thank-you gifts to the police station.
Photo by Steve Ognibene

More than three decades later, friends remain like family

By Joanne Beck

 

Hiro with his Batavia family
Matthew and Mary Smith, left, and Jason Smith on right, visit with Hiroshige Yamabe during his eighth visit to Batavia since he was an exchange student in 1988 at Batavia High School. 
Photo by Joanne Beck

Of all the locales seen so far — Cooperstown and the beverage trail, Myrtle Beach, Philadelphia, Niagara Falls, the must-see for all international visitors, Amish country in Ohio, and cities from Los Angeles to Boston — Hiroshige Yamabe quickly pinpointed his favorite place in America so far.

“Batavia, of course,” he said. 

Yamabe, whose American friends call Hiro, is getting to know Batavia and Western New York fairly well after his eighth visit this week. His first one was as exchange student from Tokyo, Japan when the Smith family hosted him — from parents Jim and Mary to son Jason — and they have forged a relationship that has endured more than three decades. 

Yamabe is director of procurement and strategic sourcing for Jacques Marie Mage, a luxury eyeglass and sunglass company. His job often takes him to California and Connecticut, which are nice to visit, but they’re not the same, he said, as Batavia’s homey — he needed some help with the phrasing — laudable appeal.

“So I feel, like, more relaxed, and they're something I expect, the ground on the earth's crust — salt of the earth,” he said Monday during his visit to Jason Smith’s Batavia home.

Yamabe has come to regard the Smiths as true friends and a second family, he said. And Batavia as his second home. Jason Smith met him as a fellow student and musician at Batavia High School, after his original host family didn’t work out. The Smiths agreed to take the teenager in, and he lived with them for about seven months. 

Since then, Jason has visited him in Japan, attended his wedding, and Yamabe in turn went to Jason’s wedding, and has made several return trips to a Smith residence — whether it be the parent’s home, Jason’s apartment and now at Jason’s own family home. 

This trip was one of a culinary experience — touring many local haunts, including Eli Fish Brewing Company, Rancho Viejo, Miss Batavia Diner, Cinquino’s, Southside Deli and Avanti Pizza & Wood-Fired Kitchen, which serves up huge slices, Jason said, in Medina.

The reunited classmates also visited the late Jim Smith’s grave, as Yamabe has been kept up to date on all of the family news through the decades, and called Jason once he learned his host dad had died earlier this year.

“They made a decision that they accept me. It was my pleasure to be hosted,” Yamabe said. “So I'm very pleased with that. I always like to think of, like, the family and all the friends here … I always think that's a good experience, is the love from the family here.” 

Mary Smith recalled how Yamabe’s first host family didn’t quite work out. She didn’t share the details but said that the high school principal reached out to Jason, a student at the time,  to see if perhaps his family would be able to help out. They stepped up and offered to host this visitor who eventually grew so close to the family that they didn’t want to see him go back to Japan.

“We had a big party for him and there’s a lot of crying kids, it was very sad when he had to go back,” she said. 

She remembered how he liked the Buffalo Bills, so they gave him a Bills jersey for Christmas — and he was “thrilled,” and how his Christmas cookies had to be bare, with no icing, since he’s not one for sweets. When it snowed, Yamabe would shovel the driveway right down to the nub of the blacktop, which seemed to impress the Smiths, she said. 

“It was like losing a family member,” when he returned to his home, she said.

They have exchanged gifts over the years — Mary has a curio cabinet full of Japanese keepsakes -- and Jason’s table had some goodies from this trip — a hand-crafted knife, one of the Japanese region’s specialties, and some candies, including Kit Kats, which are pronounced kitty katto, and mean triumph, Yamabe said. They are considered a good luck item to give to people, and the tiny wrapped packages even include lines to write messages to the recipient.

Of course, of all the tangible items, there are the memories of spending time together, trying each other’s cuisine — Yamabe enjoyed his first garbage plate — and meeting up with old friends, as Yamabe has done with BHS classmates. And when Jason and Hiro get together, they talk about their jobs (Jason is superintendent of Batavia City Schools), their wives and families and life in general. 

“We became good friends in high school. We're just kind of continuing naturally. And he came back and I've been there twice,” Jason said. “We just pick up where we left off.”

Hiro with garbage plate
What's more Western New York than a garbage plate? (Other than Buffalo chicken wings, perhaps) Hiro had to check one out at Miss Batavia Diner during this trip to Batavia.
Submitted Photo
Hiro with BCSD sign
Checking out the changes at Batavia High School, Hiro posed for a few photos along the way.
Submitted Photo
Hiro with Ken Hay plaque
Remembering a 'musician of note,' Hiro pauses at the musical wall of fame to see a plaque for Ken Hay, who has died since tge 52-year-old participated in the music program as a visiting student from Japan. 
Submitted Photo
Hiro with friends at Eli Fish
Class of 1991 BHS grads Steve Tanner and Jason Mapes reminisce with Hiro at Eli Fish Brewing Company, which wasn't there when Hiro first came to town as an exchange student from Japan in the late 1980s. Hiro enjoyed the craft beverages, and meeting up with students he hung out with 35 years ago.
Submitted Photo. 
Steve Tufts with Hiro
Steve Tufts, Class of BHS 1991, talks about old times with Hiro at Eli Fish in Batavia.
Submitted Photo

 

Annual toy giveaway brings 'fun, joy and community' to Southside event

By Joanne Beck
City Church toy giveaway
Facing forward in the center is Pastor Ryan Macdonald during the City Church annual toy giveaway Tuesday evening at St. Anthony's in Batavia.
Submitted Photo


The City Church Activity Night Annual Toy Giveaway, a night to assist those in need during the holiday season, was a huge success on Tuesday, Dec. 19 at St. Anthony’s on Liberty Street in Batavia.

Every child received a gift or two that attended the event, organizers said.  There were even 30 bicycles that were given away to children that needed or wanted a bike. Pastor Ryan Macdonald, the lead pastor of City Church, said that “there was a time when I was a child that we had nothing.; I remember those days.”

“Now that we have the means to help families, that’s what we want to do,” he said.

City Church’s volunteers all came together for a night of fun, joy and community, organizers said.  Approximately 28 businesses, community members, and church members made a difference by making some sort of donation of toys and/or financial support. 

“Our slogan is, ‘we do life together,’ and we certainly did not do this night alone,” Macdonald said
With a stage full of toys, makeup, sports equipment, and games, children were walking away with smiles on their faces, organizers said. There were carriage rides provided by Cherry Grove: The Yohe Family Farm, and chili was given to all in attendance.

And of course, Santa and some of his elves made an appearance for visits and photo ops with the children. 

Next year, City Church plans to continue this tradition of helping and blessing its community, organizers said, and they encourage you to not spend Christmas alone and welcome you to join them on Christmas Eve at 8:30 or 10 a.m. at 210 E. Main St. and/or at 6 p.m. at 114 Liberty St., Batavia. 

Submitted Photos

City Church kids
City Church elves
Santa at toy giveaway
Family farm wagon at toy giveaway

 

Batavia Downs realized a 75% handle increase in 2023

By Tim Bojarski
snow-4.jpg
Photo courtesy of Wendy J. Lowery.

With the books now finalized after the last live card of racing took place on Saturday (Dec. 9), Batavia Downs saw a major growth in handle that started last January during their first winter meet in 20 years and ended the year showing a 75% increase in wagering over the track’s previous record high.

The total all-source handle for the entire 67 days of live racing conducted at the Downs in 2023 was $15,414,846, which easily eclipsed the old record high of $8,779,409 established in 2019 over that 63-day meet, and set a new all-time high wagering mark during Western Regional Off Track Betting’s 21-year tenure as owner of the track.

Breaking down the numbers further, the average daily all-source handle of $230,072 bested the old mark of $146,987 set in 2021 (for a full-year schedule) by 57%. The average daily handle in 2020 was $170,268, but it was during a Covid-shortened meet that ran only 42 days.

Another number that saw an uptick at the Downs in 2023 was the total on-track live handle of $935,790, which rose 2.5% from the $912,822 wagered last year.

“The momentum in the handle started during our winter meet when we set several daily records and picked right back up when we returned in July. I am very happy that the wagering support from our customers, both remote and live, carried over to our regular meet,” said Don Hoover, Director of Live Racing at Batavia Downs.

The momentum Hoover eluded to started on Monday (Jan. 30) after bettors came out in force to pump $340,602 (from all sources) through the windows to set a new all-time single card mark at Batavia Downs. That total was the largest handle recorded since WROTB reopened the Downs in 2002, and surpassed the old mark of $339,000 which occurred during the 2019 New York Sire Stakes Night of Champions finals.

Then only a week later on Monday (Feb. 6), that record was broken again after $348,205 was wagered on the very competitive third leg card of the Western New York Pop-Up Series.

The healthy daily average handle for the short 14-day 2023 winter meet was $238,895, and compared to $227,742 for the 53 day summer/fall meet, remained almost identical all year despite increased competition by the greater number of tracks that raced live later in the year.

Batavia Downs will once again host a winter meet in 2024 and it begins on Thursday (Jan. 4) with 16 dates that run through Monday (Feb. 26). Post time for every race day will be 3 p.m.

Leadership Genesee graduates 26 in Class of 2023

By Press Release
dsc_2779-pr.jpg
Photo of Leadership Genesee Class of 2023 courtesy of Laurie Pfaff LG 2009.
1st row (left to right): Morgan Hoffman, Carol Hunt, Gabrielle Lanich, Chelsea Peyman, Melissa Stein, Barbara O’Rourke, Daniel Calkins, Jaden Ohlson, Lauren Becht 
2nd row: Gail Tenney, Roger Caldwell, Jessica Patnode, Staci Williams, Jacob Cone, Sarah Jarkiewicz, John Jondle, Melissa Kasmarek, Kaitlyn Krna, Josh Dykstra, Doug Curella Jr., Kathy Riggs-Allen 
3rd row: Josh Graham, Terry Thompson, Levi Olsen, Laurie Watson, Kyle Sentiff

Press Release:

Leadership Genesee (LG) presented awards honoring the 26 members of the Class of 2023 at the Annual Graduation Celebration at Terry Hills on Nov. 30. 

Class members from the private sector include Alleghany Farm Services, Genesee Patrons Cooperative Insurance Co., Hunt Real Estate ERA, Lizzie’s Ice Cream Camper, RRH United Memorial Hospital, Liberty Pumps, Porter Farms, Tompkins Financial, Batavia Downs Gaming and Hotel, Freed, Maxick CPAs, P.C., Tonawanda Valley Federal Union and UConnectCare (GCASA).

Also included from the public sector were members from Batavia Housing Authority, Byron Bergen Central School, City of Batavia Fire Department, Genesee County Department of Social Services, Health Department, and Office for the Aging, Genesee County Chamber of Commerce, Genesee Community College, Mercy Flight/ Mercy EMS, and NYS Unified Court
System. 

Leadership Genesee Director Peggy Marone said at graduation, “As a group, you have shared so much quiet courage for what life throws your way, it’s the kind of courage that’s inspiring to everyone you meet, whether they know about it or not. It’s the way you hold yourselves and show the world the grit and backbone you have and without even knowing it, you
become a lesson for someone who might not know they need it, but they do… we all do. You have a collective character that will stay with me for a long time.”

Leadership Genesee is a year-long community education committed to exploring Genesee County and encouraging the leader within all of us. We aim to provide well-prepared servant leaders for Genesee County ready to accept responsibility for our community’s shared concerns.

One participant said, “The experience exceeded my expectations in so many ways. I have gained a much deeper understanding and appreciation for the community I work in. I gained a better understanding of my leadership style and how to adjust to others’ styles to better serve and support them.”

The Class of 2024 will begin their journey in January. Leadership Genesee is a program of Cornell Cooperative Extension of Genesee County, an employer and educator recognized for valuing AA/EEO, Protected Veterans, and Individuals with Disabilities, and provides equal program and employment opportunities. For more information about Leadership Genesee, please visit our website at http://genesee.cce.cornell.edu/leadership-genesee.

Toy Giveaway Tuesday evening at St. Anthony's

By Press Release
Press Release:
 
City Church's annual Toy Giveaway is Tuesday from 6 to 8 p.m., and will be held at St. Anthony's Community Center, 114 Liberty St., Batavia.
 
Every child will walk away with a toy this night.  We will also have carriage rides, food, art projects to do, basketball, games, and friendship!  We want to be a blessing to our community and those around us.  Everyone is invited to come out and celebrate with us! We do life together. 
 



 

Photos: Third Annual Bob's Christmas

By Howard B. Owens
Bob's Christmas 2023

In honor of Bob Zeagler, who was well known in Batavia for decorating his Jeep Cherokee for the various holidays throughout the year, especially Christmas, and dressing up in detailed costumes to match, area residents again on Sunday held the Third Annual Bob's Christmas at Batavia First Presbyterian Church.

This year included a Santa's Workshop with presents for kids.

Photos by James L Burns. 

Bob's Christmas 2023
Bob's Christmas 2023
Bob's Christmas 2023
Bob's Christmas 2023

A portion of Jackson Street to be closed this week in Batavia

By Press Release

Press Release:

Please be advised that Jackson Street from Ellicott Street to Central Avenue will be closed for the duration of this week due to construction on the Jackson Street water project within the City of Batavia.

We apologize for any inconvenience, and thank the public for their patience and cooperation as we work to improve our community.

Charge against Batavia mother for emails sent to school officials raises First Amendment concerns

By Howard B. Owens
district office Batavia City School District
Batavia City School District, District Office.
Photo by Howard Owens.

Free speech and the right to petition your government over grievances: two rights clearly protected in the United States by the First Amendment.

But when does complaining to government officials cross the line into harassment?

That's a high bar to cross, and should be, according to Constitutional scholar Jared Carter.

Carter is counsel with the Cornell Law School First Amendment Clinic, based in Ithaca, and a professor of Law at Vermont Law and Graduate School. Carter specializes in First Amendment cases.

Wherever that line is between protected speech and harassment, a Batavia mother who became upset in November with how her son's Spanish class at the Middle School was being taught didn't cross it, Carter told The Batavian after reviewing available documents.

The Batavian provided him with documents received from Batavia City Schools, which included emails sent by Kate Long to Superintendent Jason Smith, School Board Vice President John Reigle, along with other district officials, and the charging documents obtained from Batavia City Court.

The Charge
Long, 39, mother of three children, was issued a summons in November and charged with a single count of harassment in the second degree, a violation of Penal Law 240.26(3), which reads:

He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

Carter said the language of the statute is too vague and overly broad to fairly apply to speech and is the same language that was once part of the state's aggravated harassment law, which was struck down by a federal court as unconstitutional in 2014.

The former aggravated harassment statute dealt specifically with spoken and written communication that was likely to "cause annoyance or alarm ... for no purpose of legitimate communication." 

In People v. Golb, the court ruled that the former statute violated both the state Constitution and the Bill of Rights.

A similar case, People v. Dietze, struck down Section 240.25 dealing with language that was abusive or obscene with "the intent to harass, annoy, or alarm another person."

In the Golb case, the court held that both cases examined state statutes and said both failed to provide necessary limitations on the scope of communications that were criminally prosecuted. 

"They're (prosecutors) skating on very thin constitutional ice, if any ice at all," Carter said of the arrest and prosecution of Long. "The First Amendment robustly protects Freedom of Speech, and the freedom to criticize government action. That would include criticizing the way that a school handles itself. Now, are some of her emails obnoxious? Perhaps. But the First Amendment very clearly, in my view, protects even obnoxious and, quite frankly, ugly speech, and unless speech fits into one of the very narrow few exemptions to the First Amendment, then it's going to be protected."

Carter said while we're talking about different statutes, they're essentially the same exact language that makes the harassment 2nd statute, when it involves prosecuting speech, is not likely to be found Constitutional if challenged.

Chain of Emails
The trail of events that led to Long's charge began in the middle of September when Batavia Middle School Principal Nate Korzelius informed parents that the teacher originally assigned to teach Spanish would be taking a long-term leave of absence.  He said the district conducted a comprehensive search to find a certified Spanish substitute but was unable to find a qualified teacher to take over the class. 

Instead, he said, "We will utilize an online program called AcceleratedU. This program has been thoroughly vetted and widely used by students nationwide, demonstrating its effectiveness in enhancing students' learning experience."

He invited parents to contact school officials with any problems or concerns.

A couple of weeks later, according to emails obtained from the district through a Freedom of Information Law request by The Batavian, Kate Long did express her concerns.

She said AcceleratedU was not a "long-term solution" for a sub.  

"I think by now, you know this based on the grades of students," she wrote in an email to school officials on Nov. 1.

"The school needs to start looking for a long-term sub and put some actual effort into it," she wrote. "I'm getting pretty sick of spending every single evening being my son's unpaid Spanish teacher. Oh yeah, and I don't get a break on my taxes, either."

Superintendent Jason Smith responded the next morning and wrote, "We fully understand that there have been concerns with this, and despite our efforts to find a sub, including speaking with three retired teachers, networking across several counties for candidates, we literally had no one apply or who was even interested. There is, in fact, a severe shortage of Spanish teachers."

He also said the district had contacted the software company several times with complaints about the program, and while the company responded, "We know issues remain."

Long was not satisfied with the response and began a series of emails, often snarky, accusing district officials of not caring, of not doing enough, and of her role as an "unpaid" teacher.

She sent 16 emails over eight days. (The charging documents say 12 emails over eight days,  but The Batavian counted 16 emails sent by Long in response to its FOIL request.)

Long, who studied Spanish in college and told district officials she lived for a year with a Spanish-speaking family, had specific complaints about grammatical errors she found in the program. 

On Nov. 3, the board's vice president, John Reigle, responded and again reiterated the efforts undertaken by the district to hire a Spanish sub and noted that Smith had replied to her email the day before and invited her to meet with school officials.

That night, she wrote district officials and board members and said, "Hope you all are sleeping very nicely every night. I'm not. Look forward to more messages every single day that you lack to get a Spanish teacher."

She wrote individually to Reigle and said, "What a very eloquent way to say,  'I don't care.' Thanks a lot. That was sarcasm.  Look forward to more emails until you DO SOMETHING."

In all, she sent 11 emails on Nov. 3 alone, concluding one that read, "I guess it would have been in my best interest to say, 'I don't care,' like all of you."

In his sworn complaint, Board President John Marucci quoted from Long's second-to-last email, sent on Nov. 8 at 9:37 p.m. 

"Fuck you all. You are all jokes. You call yourselves educators. You reap what you sow.”

Marucci wrote, in his statement, that Long was complaining about online learning of Spanish in her emails but also stated that she sent "these emails with no legitimate meaning or purpose to the point that we as the City of Batavia School Board of Education feel like we're are being harassed by Kate Long by her alarming and annoying emails. I would like to pursue any and all legal charges against Kate Long."

Political Speech
Carter said Long's emails are political in nature, seeking correction to what she believes is a wrong perpetrated by a government body and is, therefore, protected speech.

"I think it's fair to say that is some of the most protected speech that there is," Carter said. "I'm not saying at some point, you can't have emails becoming harassment. But I think 16 emails over the course of eight days? I don't see how we've crossed that line. And I think courts are going to look at it very skeptically if she were indeed to be prosecuted."

The Batavian emailed several questions to District Attorney Kevin Finnell.  We wanted to know if Batavia PD consulted with his office prior to the arrest of Long and if he had any Constitutional concerns about the case.

"Our office does not generally participate in the investigation of criminal matters," Finnell said. "While we remain available to consult with law enforcement during an investigation, my office did not offer any input or advice in this particular case.  Even in cases where we do offer advice during an investigation, the choice of what offense(s) to charge is ultimately determined by law enforcement."

As for the Constitutional issue, Finnell said he and all of his ADAs are sworn to uphold the Constitution and are mindful of that in prosecuting every case.

In 2015, former District Attorney Lawrence Friedman, in response to the Golb ruling, sent a memo to local law enforcement warning the departments to no longer arrest people under the portion of the aggravated harassment law that was struck down.  He did not raise concerns about the similar language contained in the harassment 2nd statute, and Finnell noted that there is, in fact, a difference between the statutes.

In the Dietz and Golb cases, Finnell said, the courts were reviewing statutes that dealt specifically with speech. 

"The statute charged here is different in that it does not target pure speech but rather proscribes behavior," Finnell said. "It is a violation of Penal Law 240.26(3) to engage in a course of conduct or repeatedly commit acts which serve no legitimate purpose and which have the effect of alarming or seriously annoying the targeted individual.  While that conduct could include speech, it is the act or conduct itself that constitutes a violation of law."

Carter said that calling Long's emails "conduct" bypasses the fact that she was engaging in speech, and no matter what other word you apply to it, whether you describe hitting the send button an email as "conduct," it's still speech.

"I don't think that's going to carry a lot of water," Carter said. "These are emails, and there's plenty of case law out there that talks about expressive conduct, which I don't even think this is, I mean, these are emails, this is communication, plain and simple. And I just don't think they're going to be able to convince a court, and quite frankly, the material that you sent that the district attorney shared, to my mind -- I just don't see this being prosecuted. I don't know how you could possibly criminalize 16 emails, even one that used a cuss word and be consistent with the First Amendment under a harassment statute, the bulk of which I think has been essentially struck down."

Cases that involve the Supreme Court upholding conduct as speech:

Profane speech, in Cohen v. California (1971), is also protected.

District Response
The Batavian also asked Superintendent Jason Smith and Board President John Marucci questions regarding the Constitutional issues raised by the case. 

Both said they thought Long's emails crossed a line, and they turned to the police to help bring the communications to a halt. Smith said it is up to the justice system to decide whether Long's rights have been violated but that she was arrested within the scope of existing state law. 

Marucci said he and the board respect the legal process and Constitutional rights but that they were facing an escalating concern and needed the assistance of the legal system, which will decide how best to deal with the case.

"Our decision was not about seeking charges against a citizen," Marucci said. "Instead, it was a necessary response to escalating inappropriate emails despite our attempts at dialogue. We value and address all respectful and constructive conversations with parents and community members. In this specific instance, it was essential for us to take a firm stance to protect our administration and staff from unnecessary harassment; we could not stand idly by, and therefore, we made the decisive choice to speak up and act in defense of our school community's well-being."

Smith said there are proper ways for residents to raise issues with the administration and school board, and the district respects the right of residents to disagree with their decisions. He doesn't believe, he said, that administrators and elected officials should necessarily be protected from annoying and upsetting speech but that this was an exceptional case. He said it is important to maintain a respectful and safe environment for everyone in the school community.

"While we fully support the right of individuals to ask questions and hold our school leadership accountable, this does not extend to the point of harassment or the use of inappropriate and inflammatory language," Smith said. "In this particular case, our decision to involve legal action was not taken lightly. It was a response to a pattern of communication from the parent in question that had escalated beyond acceptable norms of civil discourse. Our actions are in no way intended to infringe upon civil rights or to discourage constructive feedback and engagement from our community. Instead, they are a necessary step in protecting the well-being and safety of our school board members and staff and upholding a standard of respect and civility in our communications."

To read the full Q&A with both Smith and Marucci, click here.

Prior Restraint
Among the documents obtained by The Batavian from the school district is a letter from Smith to Long. It is dated Nov. 10 and informs Long that the matter has been referred to Batavia PD. It's the first time, at least in the communications obtained by The Batavian, that anybody with the district notified Long that officials found her emails annoying. 

In it, Smith informs Long that her email address has been blocked, prohibiting her from communicating with any other district official except Smith, that she is not to contact any other district employee, and that she may not use the district's app, Parent Square, to contact staff members.

Carter said this letter is also Constitutionally problematic, though the case law on the matter is not settled.

"I could see a strong argument that blocking a member from the public from being able to send emails to government officials would have First Amendment implications," Carter said. 

A case against former President Donald Trump regarding his practice of blocking people on Twitter never made it to the Supreme Court because he left office before the matter was settled. A lower court had previously ruled against Trump, saying he couldn't block people from using a public forum to criticize him. 

There are two other cases pending before the Supreme Court regarding government officials and agencies blocking communication on social media platforms. 

We couldn't find any cases dealing specifically with individual emails to the government or elected officials or using a government-run platform such as Parent Square.

The letter could potentially constitute "prior restraint." Courts have consistently held that the government cannot restrict speech and publication, regardless of any concern about future communication, that has not yet occurred.

It's this block to communication, along with Long's three children still attending school, that may be why her attorney, Tom Trbovich, from Buffalo, seems hesitant to fight a First Amendment case.

He said he would love to have a case he could take to the Supreme Court and win. It would help his career.  But his first obligation is to his client and what is in the best interest of her and her family. He said while he's willing to do whatever his needed, it's also important to be realistic about the situation.

"As a secondary goal, I want to make sure that, you know, it'd be nice to make sure that relations and stuff like that with the families in the school workout, as well," Trbovich said after Long's initial court appearance, where she entered a not-guilty plea. "I want to make sure it's a win-win situation for everybody. And it's just going to take a little bit of time. I don't want to just do something quick in court. I want to do what's in the best interest of everybody."

Q&A with Superintendent Jason Smith and Board President John Marucci regarding the arrest of Kate Long

By Howard B. Owens

For Related story, see: Charge against Batavia mother for emails sent to school officials raises First Amendment concerns

Jason Smith
Jason Smith

Jason Smith:

Should public officials, especially elected officials, be seeking to have citizens/constituents arrested for expressing their concerns over the conduct of public business (in this case, how courses are taught)?

Provided that the dialogue is respectful, fair and reasonable, of course not. The Board and I regularly receive emails from parents in which the dialogue is cordial and respectful.

In this particular case, however, we responded to a situation that called for a firm response. The Board of Education received numerous emails in a very short period of time from Ms. Long with inappropriate and inflammatory language, including one that said, '"Fuck you all.  You all are jokes.  You call yourself educators.  You reap what you sow," and we had no indication that they were going to cease until the issue was resolved to the complete satisfaction of Ms. Long—which we could not do after numerous attempts to find a qualified teacher.  In addition, she explicitly indicated that the Board should "Look forward to more messages every single day..."

In Ms. Long’s case, she received two emails from our Board Vice President and two emails from me, so her concerns were in fact heard and responded to in a timely and respectful manner. 

While Ms. Long initially stated her concerns in a respectful manner, they quickly escalated.

Are you concerned that her arrest may have violated her constitutional rights?

We brought the concerns to the attention of the Batavia Police Department, and an officer looked into it and determined that her behavior warranted the arrest.

It is the job of the courts and legislature to determine if these laws violate constitutional rights, and while some might disagree with the law’s reach, it continues to be a valid law in New York State.

As educators, are you concerned that her arrest sends the wrong message to students about civil rights?

No, there is no concern regarding the message sent to students about civil rights. This incident actually serves as an educational opportunity. We want our students to learn the importance of engaging in civil discourse in a respectful, reasonable, and fair manner.

Unfortunately, Ms. Long's approach did not reflect these values, which are essential in public education and have been upheld for decades. As an educator and leader, my role includes actively listening to all members of our community and striving to foster mutual understanding and respect.

What balance do you think should be struck in regards to a parent/citizen/constituent raising concerns and responding when they feel like their concerns are not being heard? Any suggestions for not restricting First Amendment rights while avoiding harassment (in the context of the question, in common use of the word, not the legal definition)?

There are channels that individuals can follow when addressing their concerns, which our District and Board of Education members consistently follow and encourage. 

To be clear, Ms. Long’s concerns were heard, again as evidenced by my response and that of our Board Vice President. BMS Principal Nate Korzelius also corresponded with her.

In fact, due in part to her concerns, we course-corrected and made a few changes to the way the online Spanish class was being taught—changes which Ms. Long acknowledged and appreciated. 

Should public officials be shielded from annoying and upsetting speech?

No, not at all, but when it crosses the line, as it did in Ms. Long’s case, there are laws on the books that are designed to prevent this type of inappropriate behavior, as well as the BCSD Code of Conduct, where parent behavior is also addressed.

Our Board of Education and our District communicate and listen to our families and students every single day. Is every single situation resolved to the satisfaction of all? Of course not—that is nearly impossible. And again, in Ms. Long’s case, we responded to her concerns, and addressed them to the best of our ability in a timely and respectful manner.

As a school district, we deeply value the rights of parents and community members to express their concerns and opinions. We understand and respect the importance of open dialogue and encourage our community to actively participate in discussions about our schools' operations and policies.

However, it is equally important to maintain a respectful and safe environment for everyone in our school community, including our board members and staff. While we fully support the right of individuals to ask questions and hold our school leadership accountable, this does not extend to the point of harassment or the use of inappropriate and inflammatory language.

In this particular case, our decision to involve legal action was not taken lightly. It was a response to a pattern of communication from the parent in question that had escalated beyond acceptable norms of civil discourse. Our actions are in no way intended to infringe upon civil rights or to discourage constructive feedback and engagement from our community. Instead, they are a necessary step in protecting the well-being and safety of our school board members and staff, and upholding a standard of respect and civility in our communications.

We remain committed to transparency and accountability in our operations and continue to welcome and value input from our community provided it is expressed in a manner that respects the dignity and rights of all individuals involved.

john Marucci 220

John Marucci:

Should public officials, especially elected officials, be seeking to have citizens/constituents arrested for expressing their concerns over the conduct of public business (in this case, how courses are taught)?

Our decision was not about seeking charges against a citizen. Instead, it was a necessary response to escalating inappropriate emails despite our attempts at dialogue. 

We value and address all respectful and constructive conversations with parents and community members.

In this specific instance, it was essential for us to take a firm stance to protect our administration and staff from unnecessary harassment; we could not stand idly by, and therefore, we made the decisive choice to speak up and act in defense of our school community's well-being.

Are you concerned that her arrest may have violated her constitutional rights?

As a Board, we respect the legal process and constitutional rights. Our role was to report an escalating concern; the legal system, guided by New York State law, determines the rights and violations. We trust in this process and its ability to uphold the law and protect rights.

As educators, are you concerned that her arrest sends the wrong message to students about civil rights?

There's no concern about a wrong message on civil rights. This situation highlights the importance of respectful and civil discourse when expressing concerns.

Our entire community, including the Board, administration, teachers, staff, and parents, are working together to foster a thriving and supportive educational environment. To do this, we must engage in more constructive conversations.

What balance do you think should be struck in regards to a parent/citizen/constituent raising concerns and responding when they feel like their concerns are not being heard? Any suggestions for not restricting First Amendment rights while avoiding harassment (in the context of the question, in common use of the word, not the legal definition)?

We believe in open, respectful dialogue with all community members. 

We always strive to balance the need for respectful communication with the right to express concerns, ensuring everyone is heard but within the bounds of civility.

Should public officials be shielded from annoying and upsetting speech?

Freedom of speech is a cornerstone of our community values, but it comes with the responsibility to maintain a respectful and safe environment. 

While we listen and respond to all concerns, there is a line where speech becomes disruptive or harassing. 

Our actions, in this case, were to protect the well-being of our school community and uphold a standard of respect and civility, not to suppress free speech or discourage community engagement.

Photos: Light show on Woodrow Road

By Howard B. Owens
light show on woodrow road

Scotty DiMartino, Cassie Piccione and Tom Burke used their stagecraft experience to put on a light show at DiMartino's residence on Woodrow Road in Batavia on Saturday evening.

Photos by Nicholas Serrata

light show on woodrow road
light show on woodrow road
light show on woodrow road

Blue Devils pick up second win in OT, 65-62

By Howard B. Owens

Batavia beat Odyssey 65-62 in overtime in Boys Basketball on Friday night.

Carter Mullen scored 22 points for Batavia. Joey Marranco scored 15 and Aiden Bellavia scored nine.

The Blue Devils are now 2-1 on the year.

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