An accident is reported at Judge and Alleghany roads in Alabama.

A person is reportedly down in the roadway.

Alabama Fire and Mercy EMS dispatched.

UPDATE 8:23 p.m.: This may be a car vs. pedestrian accident.  Dispatchers are checking on the availability of Mercy Flight.

UPDATE 8:28 p.m.: Traffic being shut down on Route 77.

UPDATE 10:47 p.m.: This was a fatal accident.  The family has been notified. The Sheriff's Office is handling the investigation.  The Crash Management Team is on scene. The accident is under investigation, and there no further information is available just yet. The name of the victim will be released later. 

Press release:

Assemblyman Steve Hawley (R, C -Batavia) joined fellow Assembly Republican colleagues today to stand against the governor’s proposed housing compact plan, which would force urban building in otherwise non-urban environments like suburban communities and rural farmlands. Local governments would be unable to stop any zoning law oversteps in this proposal. Hawley finds the proposal outrageous.

“This state government’s solution to everything is to treat a problem with a broad brushstroke, which has led to many other problems being born,” Hawley said. “This housing compact proposal is another instance of a state government enforcing its will on localities whether they like it or not. It will undoubtedly lead to further problems like overcrowded schools, accelerated strains on local roads and bridges and the overtaking of land that could be dedicated to farming or small enterprise.”

Press Release:

Preschoolers from 2 to 5 years of age are invited to a morning of activities, stories, rhymes, songs, and a craft each week at the Haxton Memorial Library, 3 North Pearl Street in Oakfield. Preschool Storytime takes place Monday mornings at 10:30 a.m. in the Children’s Room.

The Haxton Library’s talented Mrs. J. fills Storytime with fun for preschoolers with each program centered around a theme like holidays, animals, colors, pets, seasons, or special events. The colorful Children’s Room at the library is the perfect setting, and it invites the children to explore the other activities and materials available at the library. 

In addition to Preschool Storytime, the Haxton Memorial Library also has Baby Storytime that is held on Saturdays at 10 a.m. Babies from 0 to 24 months are invited to share rhymes, songs and simple board books, followed by playtime. While Baby Storytime is designed for infants and toddlers, older children are always welcome to attend as well.

“Our Storytime programs are great favorites because they engage the children with activities and songs,” says Kim Gibson, Director at the Haxton Library. “We love to have our preschoolers and their families explore and enjoy the materials, books and programs that we offer at the Haxton.”

For more information about Preschool Storytime, Baby Storytime, or any of the programs at the Haxton Memorial Library, please call 585-948-9900.

The Haxton Memorial Library located at 3 North Pearl St., Oakfield, provides residents with a variety of programs, events and materials that are listed on the library’s website.

As the community was still mourning the loss of Genesee County Sheriff's dispatcher Andrew Merkel, Legislature Chairwoman Rochelle Stein read some words in his memory during the Legislature meeting Wednesday evening.

Emergency Services Dispatcher Andrew K. Merkel unexpectedly passed away at the age of 38 on Tuesday, March 21, 2023.

He served the Genesee County Sheriff’s Office since October 1, 2011. In addition to his regular duties as an Emergency Services Dispatcher, he was a Communications Training Officer and a board member of the Genesee County Sheriffs Employee Association.

Andy, as he was more popularly known, was also a former employee of Mercy EMS from 2009 to 2015 as an EMT, an Oakfield baseball coach and mentor and a longstanding member of the Alabama Fire Department.

Outside of serving his community, he spent his time operating Wings Cupped Retriever Services, his dog training company, which specialized in obedience, retriever and gun dog training. He also enjoyed duck hunting and the outdoors.

"On top of all that, he was a family man and a great friend," Stein said. "He loved spending time with his wife and three young children, and talking about their escapades. He contributed valuable guidance and tremendous support over many years to anyone who crossed his path."

A GoFundMe has been organized by members of the Genesee County Sheriffs Association. All money raised will be given directly to Andrew Merkel's family, Stein said.

For more information, go to  https://gofund.me/8e7f0f3a for the Merkel Family Donation Fund. Or feel free to donate by mail to GCSEA, PO Box 46, Batavia, NY, 14021.

Video: Andy Merkel featured in a video about the Retriever Hunting Challenge.

Top photo: By Howard Owens. Andy Merkel at Little League opening day in Oakfield in 2017. Inset photo, submitted. 

Press Release:

The Jerome Foundation is sponsoring the William F. Brown Jr. Scholarship. The award is given in memory of the late William F. Brown Jr., noted author, broadcaster, and journalist who contributed greatly to the quality of life in Genesee County through his writing and as a member of numerous community and civic organizations.

An annual $1,000 scholarship for four years for a total of $4,000 will be given to a deserving Senior graduating from a Genesee County School whose intention is to pursue a career in the field of journalism, marketing, communication or public relations (in print, radio, television or digital media).

Applications for the scholarship have been sent to area High School Counselors or can be found at thejeromefoundation.org. Applications are due May 8,2023 and can be mailed to The Jerome Foundation, P.O. Box 249, Batavia, NY, 14021.

If further information is needed, contact Chris Fix at thejeromefoundation@gmail.com or 585-356-3419.

Seven months after approving the acquisition of property between Tonawanda Creek and Evans Street, Batavia Development Corporation received the word it hoped for: yes.

A somewhat unusual sale, this one involved the Town of Batavia, which owned the 4.26-acre parcel tucked behind and alongside the McCarthy ice arena.

Batavia Town Board approved the sale of land this week, and agreed to sell it to BDC for $1. It falls under the name Creek Park LLC, which is a subdivision of BDC, and will be marketed for land development. That is, after the  unknowns are known, she said.

“First step after closing is to initiate the Phase II sampling, which is necessary for determining if there is a presence of any pollutants,” Hathaway said Wednesday. “Once results of the sampling are received, the BDC will have a pathway to whether the parcel is to be marketed as a Greenfield or a Brownfield; each offering different developer incentives.”

An example is Savarino Companies, which went through Creek Park LLC for its Ellicott Station housing project. BDC worked to get that project into a Brownfield development, which is identified as potentially needing remediation to remove toxic materials, and also comes with financial incentives for doing so.

As for the town property, the BDC has not yet closed on it.

“The conveyance was approved by the Town of Batavia and is currently in the Permissive Referendum period,” she said. “This period will expire on April 18; an anticipated closing is to follow as soon as can be scheduled.”

BDC uses the city of Batavia’s planning initiatives “as our roadmap,” Hathaway said, and one is the Brownfield Opportunity Area (BOA) study and program. Since the Creek Park area is vacant and underutilized, she said, the BOA has identified it as a “prime area” for redevelopment.

“The BOA program focuses on adaptive re-use of a site through environmental assessments, followed by clean-up efforts should the parcel be determined a Brownfield,” she said. “The Creek Park acquisition follows the mission of the BDC to encourage reuse of underutilized real estate.”

BDC voted to pursue purchasing the town property in August 2022.

Map provided by BDC.

When it comes to springtime fun in Batavia, everyone seems to be, ahem, hopping on board.

Batavia First Presbyterian Church recently announced its annual Easter egg hunt, brunch and visit from the Easter bunny beginning at 11 a.m. April 1 at 300 East Main St., Batavia.

And then, the church, led by Rev. Roula Alkhouri, and organizers of the Batavia Development Corporation Indoor Market, led by Director Tammy Hathaway, partnered to double the fun.

The market will be open with assorted vendors inside the City Centre concourse, plus there will be family-friendly activities such as face painting, a coloring contest, multiple games, and a bounce house.

The Easter Bunny is planning to look dapper and have pictures taken with visiting families, and perhaps also play some games. Easter Bunny fun begins at 11 a.m. at both venues and ends at 12:30 p.m.

Both sites will offer a passport for children to find specific Easter Bunny helpers to obtain stamps on their passports. Each stamp will earn the child an entry ticket for a chance to win an Adam Miller Toy and Bicycle shop gift certificate, Hathaway said.

Vendors are collaborating on a basket to raffle off during the event, and tickets and more details will be available that day at the market information table.

Pat Burk of Batavia Players, whose home theater is at City Centre, jumped on board as well. He said that he invited the Boy Scouts to participate and conduct their candy sale, and “I think we are doing popcorn and something else that day as well,” Burk said.

Add in some enthusiastic shoppers and energetic kids, and it’s “a recipe for a fantastically fun Saturday,” Hathaway said.

The indoor market’s hours are 10:30 a.m. to 1 p.m. at the downtown Batavia City Centre. 

File photo of the Easter Bunny during a past visit to Main Street, Batavia. 

Press release:

Six Flags Darien Lake is looking for 1,000 energetic and motivated team members who want to work where they play! From first-time job seekers to retirees looking for part-time work, Six Flags has something for everyone, there are positions available across multiple departments, including lifeguards, ride operators, food service, entertainment, security, admissions, retail, and camping, we offer flexible schedules and competitive wages. Most positions are available for applicants 16 years old and up, with select opportunities for candidates 14 years old and up.

With FREE park admission for team members AND a friend, discounts on food, beverage and retail, employee-exclusive events and more, there is a lot to be THRILLED about when working at Six Flags Darien Lake!  

All interested candidates are encouraged to attend our spring on-site hiring event this Saturday, March 25, from 9:00 a.m. – 1:00 p.m. at the Six Flags Darien Lake Hotel. Applicants should bring their Social Security Card and a current Photo ID with proof of age OR a school ID & Birth Certificate.

Applicants can also apply online at any time by visiting sixflags.com/darienlake/jobs. For questions, call Six Flags Darien Lakes Human Resources office at 585 599 5108, Monday – Friday 10:00 a.m. – 4:00 p.m.

Photo: File photo.

Press release:

With spring just around the corner and everyone just itching to get outside and get their yards cleaned up, we may need to be reminded about the open burn regulations in New York State.   

New York State enacted strict restrictions on open burning to help reduce wildfire risk, protect lives and property and reduce air pollution. The regulations allow residential brush fires in towns with fewer than 20,000 residents during most of the year, but prohibit such burning in spring when most wildfires occur.

The annual statewide ban that prohibits residential brush burning begins on March 16 and runs through May 14.  The DEC has enforced this burn ban since 2009, which has decreased the number of wildfires by more than 40%.

Exceptions to this ban include:

• Campfires or any other outdoor fires less than 3 feet in height and 4 feet in length, width or diameter are allowed.
• Small cooking fires.
• Ceremonial or celebratory bonfires.
  • Disposal of flags or religious items in a small-sized fire, if it is not otherwise prohibited by law or regulation.
• Only charcoal or dry, clean, untreated or unpainted wood can be burned.
• Fires cannot be left unattended and must be fully extinguished.

Remember, burning trash is illegal statewide in all cases.  It is unhealthy, un-neighborly and unnecessary. It causes serious health concerns and diseases, contaminated soil and discomfort for others enjoying the outdoors or their own property.

For more information about the open burn regulation, visit the Genesee County Office of Emergency Management Website https://www.co.genesee.ny.us/departments/ems/index.php  or the NYS DEC website https://www.dec.ny.gov/press/124884.html

Photo: File photo by Howard Owens

Press release:

Attention community members! Genesee Community College has recently unveiled a draft of its 2023-2028 Strategic Plan, "Connect | Include | Evolve", which aims to guide the College in meeting the needs of the local, regional and global community for the next five years.

This comprehensive plan is made up of strategic priorities and core objectives that will serve as a guide to achieving key performance indicators. With an emphasis on helping students attain their educational goals, the plan was developed based on feedback received from six separate college forums, where around 150 individuals participated including community members, faculty, staff, students and administration. These forums produced ideas based on critical data relating to current remediation rates, changing GLOW region demographics, completion rates, funding rates and enrollment trends.

Over the next five years, GCC plans to use this Strategic Plan as a dynamic document to facilitate the development and alignment of annual plans of achievement for each division within the college. This will bring GCC closer to achieving its mission.

As GCC continues to build on its successes and strives to create new collaborative partnerships, innovative academic programs, and foster an inclusive culture that promotes academic excellence, continuous improvement, and professional development, community input is essential. Therefore, the college invites community members to provide their feedback on the draft plan, which can be submitted at https://www.genesee.edu/about/offices-departments/administration/strategic-planning-23/.

Press release:

Congresswoman Claudia Tenney (NY-24) today invited High School students from New York’s 24th district to participate in the 2023 Congressional Art Competition. The contest winner will have their artwork displayed in the U.S. Capitol for a year.

Started in 1982 by members of the U.S. House of Representatives, High School students across the 50 states, the District of Columbia, and the U.S. territories are invited to participate in a nationwide annual art competition. Since its creation, over 650,000 high school students have submitted their artwork to the contest. 

“I’m pleased to announce the 2023 Congressional Art Competition for students across New York’s 24th District,” said Congresswoman Tenney. “This competition is an incredible way for students to showcase their artistic abilities. Every year, I am in awe of the talent of the students in our district, and I look forward to seeing all the great artwork that is submitted this year.” 

The deadline to submit artwork to be judged by members of the local art community will be Friday, April 21, 2023.

Additional information about the competition, including guidelines and student release forms required to participate in the 2023 competition, can be found at https://tenney.house.gov/services/art-competition or by calling Tenney’s District office at (716) 514-5130.

You live and work and hope to be healthy enough to remain at home in those disputable golden years.

Yet, it far too often becomes a conundrum of finances if you’re not. How do you afford to hire a home health aide, and if you can, will there be one available?

New York State reportedly has the largest shortage of these aides in the country, and there’s been an ongoing battle of wages that’s not likely to go away. Yes, Gov. Kathy Hochul granted a much-needed $3 increase in last year’s budget in an effort to catch up with the flagging workers’ wages from a few stagnant years.

And in this year’s budget, advocates and agencies are rearing the bullhorns once again to appeal Hochul’s proposal to eventually prevent home health aides’ wages from ever exceeding a maximum, thereby remaining as a bottom minimum wage earner.

Hochul’s budget plan calls for the minimum wage, which is currently $14.20, to be indexed to inflation and capped at 3 percent annually. Home care advocates argue if the minimum wage reaches $18, direct care jobs would once again become low-wage positions and make it difficult for the state to attract new workers to the field. 

Issued from the New York Caring Majority: “As New York’s population ages and the home care worker shortage grows, Governor Hochul is throwing gasoline on a fire” the organization said in a statement. “This budget will ensure the state’s home care shortage will only deepen in the years to come.”

While that’s an umbrella agency for the state, the issue is not any less crucial right here in Genesee County. Office for the Aging Director Diana Fox has said previously that low wages and the demands of the job have meant waiting lists for her agency’s clients.

Home care workers perform a variety of tasks, including personal care such as bathing, assisting with toileting, dressing, food prep, some housekeeping, and maybe errands, it depends on the person’s needs, Fox said.

Those needs are only growing, she said.

“Fair pay for home care workers is a very important issue as the amount that workers currently make is not fair considering the responsibilities that they have and the vulnerable population they are assisting,” Fox said to The Batavian. “Locally, statewide and nationally, there are not enough home care workers to cover the demand. The Genesee County Office for the Aging provides casework staff that do assessments for people that utilize our services to determine if someone is eligible for such assistance, and we have a waitlist for home health workers.

“Given that, our aging population is continuing to increase. I don’t see the need likely to go down. I think that it takes special, committed people to do this kind of work, and while wages alone may not draw people to the field, it is important for people to have a livable wage and to be compensated in a way that supports them to stay in the field.”

And there’s the conundrum: A growing older population in need of care and the need for a larger workforce to care for them. A group of older adults visited Albany on Monday to deliver more than 8,000 letters demanding that the House and Senate reject the governor’s proposed budget and instead move to raise home care wages.

There was not a local contingent in Albany, but OFA has signed on to be part of advocacy efforts, Fox said. So there’s an avenue to help support the cause for aging.

There is also the other end of having to pay for workers, which becomes an issue of having enough personal savings or using insurance, if anything will even cover this need (many will not). And then build a network to find workers because they won’t just be waiting for you. This is not something to be left for those golden years, as decisions only become harder.

Often it will take a crisis to force the decision, and being proactive is really the better way to go. This reporter knows all about it, and the situation can be sad, scary, confusing, and even maddening at times. Prepare. Research. Get answers. Have a plan.

There are programs and resources available at OFA, YMCA GLOW, Richmond Memorial Library, AARP, Alzheimer’s Association, and your medical practitioner for maintaining one’s mental, financial and physical health.

For more information from OFA, call 585-343-1611.

File Photo of a senior home visit program through Genesee County OFA.

Article based on press release submitted by BOCES.

Area students will participate in a two-day business pitch competition at the WNY Tech Academy in Bergen at the end of the month.

Five teams from local schools will participate in the "March Madness Einstein Days" competition.  

After two days of preparation, including research, planning, developing strategies, and developing their pitch, they will have eight minutes to sway judges that they have the best pitch and best technology-based business idea.

This event taps skills in public speaking, marketing and social media, and entrepreneurship, according to organizers.

"Einstein days are important for our program and students because they offer a full day for students to immerse themselves in team building, STEM activities and exposure to Work Based Learning opportunities," said Catherine Bennett, principal of the academy. "These three areas are a major focus of our school culture.  Einstein Days are offered one to two times per month for full days so we can devote our efforts in fostering the importance of that work.  It provides students with project-based STEM experiences, exposure to our business and industry partners and the career pathways they offer.  And each Einstein Day has an element of fun, collaboration and team play, so students bond as a tight school community."

The event is a hit with students.

"Einstein day isn’t just a normal day at Tech Academy," said one of the students involved, David Tetreault, a senior at Caledonia-Mumford High School. "It builds us young adults to communicate, value team bonding, and, most importantly, leading by example. These days make us prepare for proper management, communication and how to be amazing workers. I couldn’t even imagine a better way to do this. Taking one day out of the month to bring everyone together and put it into a fun-filled, learning environment is the most important and perfect way to do it."

On Einstein Day, regularly scheduled classes are on hold, and students participate in a variety of different lessons that range from career development to STEM to team building.  Through collaboration across courses and grade levels, students develop skills such as effective communication, creativity, problem-solving, teamwork, leadership, and conflict resolution.

"What do students get out of this event? Well, students will tell you they get a fun day off from classes," Lindsay Warner, a teacher at the academy. "What they really are getting is workplace readiness skills. Our students engage in critical thinking, creativity, and problem-solving. They have to develop communication skills, collaboration, leadership, and social skills to work effectively as a group.  They have to think, be innovative, show confidence, and even a little competitiveness. These are all traits that employers in any industry would look for in potential new hires. You can train for technical skills. The ability to resolve conflict, work effectively with others, take direction, show initiative... those things aren't as easy to develop on the job,” explained Teacher Lindsay Warner.

The Western New York Tech Academy is an Early College High School (P-TECH) that serves 13 regional school districts in the region. The school offers a curriculum that emphasizes college-level coursework and unique learning opportunities to prepare students for high-skill, financially stable careers in growth industries. Students attending the academy can complete all necessary coursework for a high school diploma and also earn an Associate of Applied Science degree through Genesee Community College. 

While teams are presenting their pitch to the judges, the remaining teams will be participating in a March Madness competition, which consists of various games, puzzles, and problem-solving exercises throughout the academy wing at Byron-Bergen High School, earning points to supplement their pitch scores. 

A suspect in a five-hour standoff at 46 Walnut St., Batavia, on Monday night,  is accused of taking a hostage and wielding a knife while barricading himself in an apartment he didn't live in.

Anthony Armstrong Jr., 34, of Rochester, is charged with burglary in the first degree, a Class B felony, unlawful imprisonment in the first degree, a Class E felony, criminal possession of a weapon in the third degree (a prior conviction) a Class D felony, menacing in the second degree, a Class A misdemeanor, and three counts of criminal mischief in the fourth degree, a Class A misdemeanor.

The incident began at 5:08 p.m. with a hang-up 9-1-1 call.

When officers arrived at the location of the call, they learned Armstrong and a tenant in the complex were arguing and the tenant wanted Armstrong removed. While officers were interviewing the caller, Armstrong entered another apartment without permission of the resident and barricaded himself inside, holding the resident against the person's will. 

Armstong is accused of being armed with a knife. He reportedly made threats to harm himself and placed the victim in fear.

While inside, he allegedly damaged property and refused to allow the victim to call for help.

The Emergency Response Team and Crisis Negotiations Team were dispatched, and Sheriff's deputies responded to assist.

The New York State Police assisted, and the SWAT unit from Monroe County was requested to the scene.

An ERT member began making regular announcements over the unit's loudspeaker system, informing the suspect that he was under arrest and needed to exit the building with his hands in the air.

The victim managed to escape the apartment through an upstairs window and was helped to safety by officers.

Shortly after 10 p.m., officers were able to enter the apartment and take Armstrong into custody.

Armstrong was taken to a Mercy EMS ambulance and transported to UMMC for evaluation.  He was then taken into police custody and arraigned in City Court. He was ordered held in the Genesee County Jail.

A statement from police reads, "The City of Batavia Police Department wishes to thank the Genesee County Sheriff's Office, Genesee County 911 Center, Mercy EMS, City of Batavia Fire Department, Monroe County Sheriff's Office, New York State Police, Genesee County Office of Emergency Management and Genesee County Mental Health for their assistance in helping to bring this situation to a safe resolution."

Previously: ER Team on site issuing an arrest to person inside Batavia residence

Batavia City School board members unanimously approved nearly $36,000 in settlement funds Monday from a lawsuit in which the district claimed injury, malice, oppression and fraud against Juul Labs.

As The Batavian first reported on March 7, the city school district was one of 143 districts involved in the lawsuit against the makers of the popular vaping products, alleging that the company “fraudulently and intentionally marketed” its products to children and that those products caused numerous health, financial and structural damages to the district and students.

According to lawsuit documents, the district has had to hire additional personnel, including the second school resource officer, divert current personnel to retain students on campus when possible, purchase extra equipment and supplies, repair damages, and deal with behavioral issues.

The expected proceeds were going to be invested into the city district’s “preventative and restorative” program called Vape University, Superintendent Jason Smith said. Operated at the high school, Vape U is a pilot program geared toward helping students with positive replacement behaviors for vaping.

“I will be meeting with staff in the coming weeks to discuss expanding the program,” Smith said Monday night.

High School Principal Paul Kesler said school leaders are hoping that parents “will reach out to us if they have concerns with their child vaping, so we can proactively help students before they would be caught vaping at school.”

During Monday’s meeting, high school leaders gave a brief overview of the university concept. Omar Hussain, high school assistant principal, noted that taking disciplinary action “without the restorative piece” was not found to be the most effective way to help students caught vaping on campus.

A program has been set up for every Thursday, based on referrals and a student survey, to provide education and mini-counseling sessions to help students deal with and eliminate those behaviors. So far, it seems to have helped, at least with on-site incidents.

"We haven’t had any repeats,” he said.

The settlement’s intent is to provide resources for schools to fund future expenses such as the cost of installing vape detectors in district bathrooms, hiring additional staff to supervise vaping areas on campus, hiring additional counselors to deal with what the plaintiff attorneys cited as well-documented social and emotional issues associated with nicotine addiction, and developing and operating educational programs about the harms of vaping.

In the 287-page lawsuit, filed in the U.S. District Court, Northern District of California, there are several paragraphs listing the ill effects of vaping and the alleged motives behind them. In one section, “JLI (Juul Labs Inc.) distinguishes itself, and established the patentability of its e-liquids, by reference to their superlative ability to deliver nicotine, both in terms of peak blood concentration and total nicotine delivery.

The rate of nicotine absorption is key to providing users with the nicotine “kick” that drives addiction and abuse. Because nicotine yield is strongly correlated with tobacco consumption, a JUUL pod with more nicotine will strongly correlate with higher rates of consumption of JUUL pods, generating more revenue for JUUL,” the plaintiff’s experts state.

“For example, a historic cigarette industry study that looked at smoker employees found that ‘the number of cigarettes the employees smoked per day was directly correlated to the nicotine levels.’ In essence, JLI distinguished itself based on its e-liquids’ extraordinary potential to addict.”

Another study, the case states, “corroborates the key result of the Phase 0 study that the 4 percent benzoate solution delivers more nicotine than a combustible cigarette. The Reilly study tested JUUL’s tobacco, crème brûlée, fruit medley, and mint flavors and found that a puff of JUUL delivered 164 ± 41 micrograms of nicotine per 75 mL puff,” it states.

“By comparison, a 2014 study using larger 100 mL puffs found that a Marlboro cigarette delivered 152-193 μg/puff. Correcting to account for the different puff sizes between these two studies, this suggests that, at 75 mL/puff, a Marlboro would deliver about 114-145 μg/puff. In other words, the Reilly study suggests that JUUL delivers more nicotine per puff than a Marlboro cigarette.”

To boil this down in layman’s terms, it would seem that if kids think they’re escaping the bad effects of nicotine by vaping, they are actually reaping nicotine rather high levels found in regular cigarettes, according to these studies. And the stronger the nicotine, the greater the pull for more, and the more likely an addiction forms.

Smith agrees with the negative impacts that vaping can have on students.

“We sadly have students that vape, and of course, it is detrimental to their overall health and well-being,” he said. “This lawsuit represented an opportunity for the District to perhaps ‘right some wrongs’ on behalf of our students.”  

Another discovery made by Juul’s own scientists in 2014 was that the amount of nicotine in its e-cigarettes delivered could be problematic, as scientists were concerned that “a Juul—unlike a cigarette—never burns out.” So the device gives no signal to the user to stop.

According to one source cited in the case, scientists “didn’t want to introduce a new product with stronger addictive power,” but upper management rejected the concerns that the scientists raised, and “[t]he company never produced an e-cigarette that limited nicotine intake.”

The defendants were found guilty of several infractions, including gross negligence, malice, and breach of duty. As a foreseeable consequence, “plaintiff has suffered and will continue to suffer direct and consequential economic and other injuries as a result of dealing with the e-cigarette epidemic in plaintiff’s schools, including but not limited to:

• Discipline and suspensions related to incidents of e-cigarette use in Plaintiff’s schools have increased at alarming rates;
• Because of the alarming rise of discipline and suspensions associated with student e-cigarette use, Plaintiff has devoted and diverted staff resources to develop a diversion program so as to allow students who are caught using e-cigarettes to remain in school and in class where possible;
• Plaintiff has had to close certain school restrooms to deter the use of e-cigarette devices;
• Because many students who do not engage in e-cigarette activities do not wish to use the school restrooms even to wash their hands, Plaintiff has rented multiple portable hand-washing stations that have been placed outside of restrooms in an effort to maintain student hygiene and prevent the spread of disease;
• Students in Plaintiff’s schools have openly charged e-cigarette devices in classrooms, causing disruption and diverting staff resources away from classroom instruction;
• Students in Plaintiff’s schools, addicted to nicotine, have demonstrated anxious, distracted and acting out behaviors, causing disruption and diverting staff resources away from classroom instruction and requiring additional time and attention for addicted students;
• Plaintiff has had to devote and divert staff resources to intervening in student e-cigarette activities and coordinating necessary follow-up;
• Plaintiff has had to devote and divert staff resources to conduct staff training on e-cigarette use;
• Plaintiff has had to devote and divert staff resources to deploying student, family and parent-teacher education regarding the dangers of e-cigarette products;
• Plaintiff has had to add an additional high-school vice principal to address issues related to student e-cigarette use;
• Plaintiff has had to add additional school resource officer (SRO) personnel to focus on deterring and preventing student e-cigarette use.
• Plaintiff has had to devote additional middle school guidance counseling resources to address issues related to student e-cigarette use;
• Plaintiff has had to acquire and install numerous additional security cameras on its premises to deter e-cigarette activity;
• Plaintiff has had to install additional signage on district premises to deter e-cigarette activity; and
• Expending, diverting and increasing resources to make physical changes to schools and/or address property damage in schools.

When asked about the negative impacts of vaping for the March 7 story, Smith did not respond with any specifics. 

Photo: Stock image.

An Emergency Response Team is on-site at a residence on Walnut Street in Batavia and has issued repeated warnings to an occupant that "you are under arrest."

"Exit the residence immediately," a member of the team said through a public address system around 8:40 p.m. Monday. 

The occupant cannot be seen inside the property.

Law Street and the roundabout are closed to traffic. 

UPDATE 10:26 p.m.: Press Release

Currently the City of Batavia  Police Department, along with other law enforcement agencies, are investigating an incident on Walnut Street that began at approximately 5 p.m.

Initial call to the Genesee County 911 Center was a 911 hang-up call. Upon investigation by our officer it was determined that a crime was in progress. Officers attempted to interview an individual, however the individual retreated into an apartment and barricaded themself inside. The individual was armed with a weapon at the time of contact.

At this time all tenants of the apartment house have been evacuated and there is no threat to the general public. Officers are actively trying to negotiate with the individual to get them to surrender peacefully. All residents in the area are asked to remain indoors until the incident is resolved.

Further information will be released when the incident is brought to a resolution.

UPDATE 10:28 p.m.: Suspect is in custody and being treated in an ambulance on site. 

UPDATE 10:35 p.m.: Press Release

 At approximately 10 p.m. a male suspect was taken into custody.  The investigation is ongoing and the Batavia Police Department will release more information as it becomes available.

UPDATE 12:10 a.m. (By Howard Owens): Shortly after 5 p.m. on Monday, police were dispatched to 46 Walnut St., Batavia, following a 9-1-1 hang up call. The first officers on the scene determined a possible crime was in progress. Officers attempted to interview an individual at the address. The individual retreated into a second-floor apartment and barricaded himself or herself inside.  Police report the individual was armed with an unspecified weapon.  All of the tenants of the complex were evacuated.  Police stated during the incident that there was no threat to the general public. Officers attempted to negotiate with the individual.  The Emergency Response Team was dispatched. Batavia PD also deployed its MRAP. Eventually, the Monroe County SWAT unit also arrived on scene with two armored vehicles. Genesee County Emergency Management responded with its command unit. Emergency Management deployed its drone over the scene. A K-9 was also observed at the scene. Negotiators from Batavia PD and the Sheriff's Officer were on scene. At about 10 p.m., the subject was taken into custody. The process by which he was taken into custody is not known at this time and was not visible to a reporter observing the scene. The charges against the individual, if any, have not been released at this time.  After the subject was in custody, he was placed in a Mercy EMS ambulance for evaluation.  It's unknown if the subject was taken to a hospital.

The Batavian's exclusive photos from the scene by Howard Owens.  The photos show the SWAT team from Monroe County outside 46 Walnut St., Batavia.