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LeRoyan will give thanks by sharing

By Raymond Coniglio

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Tom McGinnis loves Thanksgiving. It’s his favorite day of the year. 

And what’s love if it isn’t shared?

So once again on Thursday, McGinnis will open the doors of the “party barn” on his town of Le Roy property, for a community Thanksgiving dinner.

“Thanksgiving is my favorite day,” McGinnis said. “No matter what goes on for the rest of the year, on one day you take time to be thankful for what you have — or what you’ve been able to keep.

“Even as a kid, I liked Thanksgiving,” he added. “There are no presents to buy, you have friends around and you can help somebody who is less fortunate.”

McGinnis, who owns McGinnis Excavating, has been doing just that for 14 years. His invitation is extended to anyone in the Le Roy and surrounding communities who is in need, or just doesn’t want to sit home alone this year.

Typically, about 40 or 50 people stop in at some point every year.

Service begins about 6 p.m. Thanksgiving Day.

(Rides and deliveries are also available, but reservations are requested by 5 p.m. today. For information McGinnis Excavating at (585) 768-6769.)

“Last year we had some people from Mumford (and) Caledonia,” he said. “And we probably delivered a dozen dinners.

“I never know how many people we’re going to have, but we always have enough food,” McGinnis said.

This year, he’s stocked 50 pounds of turkey, two large hams, a pair of big pork roasts, plenty of squash and all the trimmings.

It’ll be cooked up and served in the “party barn” behind the McGinnis home on Gully Road.

There’s a joke about why so many men love Thanksgiving: They enjoy a feast while the women are stuck doing all the work.

Not so for McGinnis. A few friends always arrive early to pitch in, but he will probably take care of about 90 percent of the preparation and cleanup himself.

“That’s my hobby, cooking,” McGinnis said. “So I share it with people and hope they enjoy.”

Grand Jury: Man indicted for allegedly selling meth, plus pair of alleged repeat offenders accused of felony DWI

By Billie Owens

Michael A. Hahn is indicted for the crime of criminal sale of a controlled substance in the fifth degree, a Class D felony. It is alleged that on Aug. 25, 2014, in the Town of Darien, that Hahn knowingly and unlawfully sold a controlled substance, methamphetamine. In count two, Hahn is accused of criminal possession of a controlled substance in the fifth degree, also a Class D felony, for allegedly knowingly and unlawfully possessing methamphetamine with the intent to sell it.

Jequan D. Patterson is accused of driving while intoxicated, as a Class E Felony. It is alleged that on July 8 in Le Roy, Patterson drove a 2015 Kia on I-90 while intoxicated. In count two, he is accused of driving while intoxicated, per se, as a Class E felony, for allegedly having a BAC of .08 percent or more at the time. In count three, he accused of aggravated driving while intoxicated, as a Class E felony, for having a child age 15 or less as a passenger. In count four, Patterson is accused of aggravated driving while intoxicated for allegedly having a BAC of .08 percent or more while a child age 15 or less was a passenger. In count five, Patterson is accused of the crime of endangering the welfare of a child for allegedly knowlingly acting in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. Also, Special Information is filed for this indictment by District Attorney. It accuses Patterson of having been convicted of the crime of DWI, as a misdemeanor, on Feb. 27, 2006, in City of Rochester Court and that was within 10 years of the commission of the crimes now alleged.

David M. Heschke is accused of the crime of driving while intoxicated, as a Class E felony. It is alleged that on May 3 in the Town of Pavilion that Heschke drove a 2006 Nissan on Route 20 while intoxicated. In count two, he is accused of driving while intoxicated, per se, as a Class E felony, for having a BAC of .18 percent or more at the time. In count three, he is accused of first-degree aggravated unlicensed operation, a Class E felony, for driving while allegedly knowing, or having reason to know, that his driver's license was suspended, revoked or otherwise withdrawn by authorities, and doing so while allegedly intoxicated. Also, Special Information is filed for this indictment by District Attorney. It accuses Heschke of having been convicted of the crime of DWI on Sept. 5, 2012, in Town of Batavia Court and that conviction forms the basis of the revocation referred to in count three of this indictment.

Law and Order: Rochester teen accused of entering Batavia HS to fight student

By Howard B. Owens
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  James Spivey

James J. Spivey, 17, of Child Street, Rochester, is charged with burglary, attempted second-degree assault, and endangering the welfare of a child. The youth is accused of entering Batavia High School without permission with the intent to fight a student there. The defendant did allegedly engage in a fight with the student, who is under age 17, and during the fight used a dangerous instrument in an attempt to injure the student.

Erica Michelle Raphael, 30, of Walnut Street, Batavia, is charged with petit larceny. Raphael is accused of stealing merchandise from the Rite Aid on West Main Street Road, Batavia.

Tyler Austin Stoddard, 21, of Meiser Road, Corfu, is charged with making graffiti. Stoddard was arrested on a warrant. He is accused of drawing a picture of a penis on the wall of the ATM at the M&T Bank branch in Corfu.

Michael F. Geer, 24, no permanent address, is charged with burglary, 2nd, petit larceny, unauthorized use of a motor vehicle and criminal mischief, 4th. Geer allegedly entered a residence on Trumbull Parkway, took the keys to a vehicle that was parked in the driveway, and unlawfully moved the vehicle, striking the back porch. He was jailed on no bail.

Amber N. Wallace, 26, of Swan Street, Batavia, is charged with petit larceny. Wallace is accused of drinking a "5-hour ENERGY" drink without paying for it while at work at a business on Jackson Street.

Michael A. Wroten, 48, of Highland Parkway, Batavia, was arrested on a warrant. Wroten was located by probation officers and turned over to Batavia PD. He was jailed on $2,500 cash bail.

Nikayla C. Jackson, 18, of Slusser Road, Batavia, is charged with second-degree harassment and fourth-degree criminal mischief. Jackson allegedly pushed another person and damaged property while inside that person's apartment at 8:25 p.m., Nov. 9.

Jessica L. Ford, 24, of Perry Road, Le Roy, is charged with violation of probation. Ford was arrested on warrants issued by City Court.

Deborah R. Blatt, 54, of East Main Street, Batavia, was arrested on a warrant. She was jailed on $5,000 bail.

Chercal A. Smith, 20, of Bank Street, Batavia, is charged with violation of probation. Smith was observed by Officer James DeFreze, who was aware of a warrant for Smith's arrest, on Court Street. Smith was taken into custody without incident.

Cody N. Proefrock, 23, of West Court Street, Warsaw, is charged with aggravated unlicensed operation. Proefrock was arrested on a warrant for alleged failure to appear on the listed charges.

Sara A. Weaver, 46, of Watson Street, Batavia, was arrested on a warrant for alleged failure to appear in court and for aggravated unlicensed operation, 2nd. Weaver was arrested following a traffic stop by Officer Mitchell Cowen.

Nicholas G. Serret, 19, of 15 Dewain St., Rochester, is charged with unlawful possession of marijuana, a violation. The subject was a passenger in a vehicle stopped by Corfu Police for speeding on Route 77 at 2:34 p.m. on Nov. 24. The subject was allegedly found to have a plastic baggie containing about three grams of marijuana. The case was investigated by Corfu PD Officer Michael Petritz.

Le Roy Village Board awaits town action on ZBA

By Raymond Coniglio

The Village Board is taking a wait-and-see approach to the future of Le Roy’s Zoning Board of Appeals, Mayor Greg Rogers said.

The wait, is for a public hearing scheduled next month.

Everyone will see what happens after that, Rogers said.

The Town Board voted unanimously Nov. 12 to withdraw from the joint town/village ZBA, and to consider a local law that would establish a new, three-member board next year.

The proposal will be the subject of a public hearing during the Town Board meeting on Dec. 10.

The Village Board discussed the issue in executive session last week, but took no action.

Rogers said he generally favors consolidation. Reestablishing a village ZBA after a decade without is “not the direction we really wanted to go,” he said.

“If they decide to go that route, we’re going to have to have our own Zoning Board of Appeals,” Rogers said. “But we’ll wait until they finalize it before we come up with a plan of action.”

At the very least, a new ZBA would add a line to the village budget.

Town Supervisor Steve Barbeau said depending on what the Town Board ultimately decides, separate ZBAs could cost less money overall.

The Le Roy ZBA generally meets once a month. Each of its five members is paid $45 for each meeting, and the chairperson is paid $10 extra.

The secretary, who does not vote, is paid $65 a meeting.

The cost is currently part of the town budget, paid out of the town-wide “A” fund. A separate town ZBA would be paid out of the “B” fund, which is supported only by taxpayers of the town outside the village.

Barbeau said town and village ZBAs may be able to meet only alternate months. Ultimately, that would slightly reduce costs to both the town and village residents.

Photo: Community of Character

By Raymond Coniglio

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Signs posted in store windows along Le Roy’s Main Street — like this one in the Townsend Energy building — congratulate Wolcott Street School’s designation as a 2015 National School of Character.

The school provided nearly four dozen signs to local businesses.

The elementary school was named a National School of Character in May by Character.org. Wolcott Street School is among only 64 schools and three districts honored this year.

Students and faculty celebrated the award with a rally and assembly on Nov. 6.

Law and Order: Batavia woman charged with two felonies, one misdemeanor after DSS investigation

By Billie Owens

Sarah Wilson, 31, of West Main Street, Batavia, is charged with two felonies and a misdemeanor following a joint investigation by the Genesee County Department of Social Services and the Genesee County Sheriff’s Department. Wilson is charged with one count of criminal possession of a forged instrument, 2nd, one count of offering a false instrument for filing, 1st, both of which are felonies, one count of petit larceny. The investigation started after a Social Welfare Examiner at Genesee County Social Services noticed several inconsistencies in a medical statement Wilson had submitted to the department, which Wilson claimed had been completed by a local doctor. The investigation that followed revealed the medical statement allegedly had not been completed or signed by the doctor. Wilson was arrested by Sheriff's Investigator Joseph Graff and jailed on $1,000 bail. She is scheduled to reappear in Batavia Town Court at 2 p.m. on Dec. 8.

Lee A. Baxter, 31, of Central Avenue, Batavia, is charged with obstructing governmental administration, 2nd, third-degree assault, and unlawful possession of marijuana. Baxter was arrested at 2:40 p.m. on Nov. 19 following a reported on a domestic incident which had allegedly become physical. Batavia police patrols arrived and allegedly observed a physical altercation between "Baxter and another female." Baxter was put in Genesee County Jail on $2,000 bail. The case was handled by Batavia Police Officer Arick Perkins, assisted by Officer Chad Richards.

Cody A. Bush, 29, of Walnut Street, Batavia, is charged with two counts of criminal sale of a controlled substance, a Class C felony. It is alleged that he sold a quantity of suboxone, which is a controlled substance, in and around the City of Batavia and the Town of Elba  to an agent of the Genesee County Local Drug Enforcement Task Force. The DA's Office assisted in the investigation. The defendant was already in GC Jail on related charges when he was arrested Monday by Sheriff's deputies and arraigned in City Court on one count and then transferred to Elba Town Court where he was arraigned on the other count. He was taken back to jail.

Patrick Antonio Griffin, 46, of Saint Petersburg, Fla., is charged with: first-degree aggravated unlicensed operation; operation of a motor vehicle with a BAC of .08 or more, first offense; driving while intoxicated, first offense; unlawful possession of marijuana; operation of a motor vehicle by an unlicensed driver; and having non-transparent window tint. Griffin was arrested at 1:09 p.m. on Nov. 14 on Ledge Road in Alabama. He was put in Genesee County Jail in lieu of $2,500 bail. The case was handled by Sheriff's Deputy Joseph Corona.

William David Conner, 64, of Harris Road, Le Roy, was arrested at 6:31 p.m. on Nov. 14 on Linwood Road in Le Roy and charged with: driving while ability impaired by alcohol, drinking alcohol in a motor vehicle while on a public highway, failure to dim headlights, and having inadequate tail lamps. He is to reappear in Le Roy Town Court on Dec. 21. The case was handled by Sheriff's Deputy Joseph Corona.

Michael William Godden, 38, of Edgemere Drive, Rochester, was arrested Nov. 18 at 11 p.m. after being stopped on Route 490 in West Bergen. He is charged with driving while intoxicated, first offense, refusal to take a breath test, and operating a motor vehicle without an inspection certificate. He was released under supervision of Genesee Justice. The case was handled by Sheriff's Deputy Joseph Corona.

A 17-year-old male who resides in Batavia is charged with criminal contempt, 2nd, and fourth-degree criminal mischief. He was arrested Nov. 18 after allegedly breaking a window at his mother's residence and then proceeding to yell at her and call her names, in violation of an order of protection which had been issued on Oct. 29 and was valid until 10/29/16. He was jailed in lieu of $500 bail. The case was handled by Batavia Police Officer Jamie Givens, assisted by Sgt. Dan Coffey.

Frank F. Sposato III, 21, of Irwin Place, Huntington, was arrested today at 1:49 p.m. and charged with speeding and second-degree aggravated unlicensed operation. He was arrested following a traffic stop at 20 W. Main St. in Batavia and put in jail in lieu of $250 bail. The case was handled by Batavia Police Officer Eric Foels.

Kevin R. Larsen, 38, of Hall Street, Batavia, was arrested on Nov. 16 on a bench warrant, which was issued following an incident that occurred on Nov. 5 on Swan Street. He was put in jail in lieu of $1,000 bail. The case was handled by Batavia Police Officer James DeFreze, assisted by Officer Eric Hill.

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Car vs. deer accident with injuries reported on eastbound Thruway, Le Roy responding

By Billie Owens

A car vs. deer accident with injuries is reported on the eastbound Thruway at mile marker 377.8. Le Roy fire and ambulance are responding.

UPDATE 6:29 p.m.: State troopers are also responding. The Thruway Authority spoke with the driver who told them they could not get out of the vehicle.

UPDATE 7:14 p.m.: The assignment is back in service. Le Roy medics went back in service without transporting anyone.

Le Roy and Bergen submit revitalization plan to America's Best Communities competition

By Howard B. Owens

Press release:

Town and village officials from Le Roy and Bergen, along with the Genesee County Economic Development Center (GCEDC), today announced the submission of a community revitalization plan for consideration as part of the second round of America’s Best Communities (ABC) $10 million prize competition.

Le Roy and Bergen are one of 50 communities that have submitted plans intended to stimulate economic revitalization in small towns and cities across the United States. As a quarter-finalist, the Le Roy and Bergen team was awarded $50,000 in June 2015 to develop a plan aimed at accelerating the revival of the local economies and quality of life in both towns and villages.

With the assistance of Saratoga-based firm Camoin Associates, Le Roy and Bergen developed a plan which includes a proposed budget and long-term vision for economic revitalization, highlighting objectives to expand the commercial and industrial base in both towns and villages while sustaining the continued vitality of the agricultural community.

If awarded funding, the plan budgets for the use of funds to: determine gas pipeline capacity infrastructure at the Le Roy Food & Technology Park and Apple Tree Acres Corporate Park in Bergen; conduct a survey of current broadband capabilities for residents and businesses in both municipalities; and identify opportunities to enhance workforce development initiatives. The plan also recognizes the importance of using incentives and existing programs to enhance residential and commercial mixed-use developments in the downtown areas in both villages.

Only 15 communities will be selected for the competition’s semi-finalist round to win $100,000, in which each semi-finalist will make a presentation to a panel of judges about why its community should receive funds to advance its revitalization plan. In addition, three grand prize winners will be selected to win top prizes of $3 million, $2 million and $1 million.

"Through the ABC challenge process, our communities have rediscovered optimism, volunteer spirit and community assets that are highly valued,” said Shelley Stein, Genesee County legislator. “We demonstrate being America's ‘Best Community’ daily in our rural community pride and livability corridors, and have this unique opportunity to improve our shared livelihood by adding basic gas mains and broadband to support our local businesses.”

Anna Marie Barclay, Village of Bergen mayor, said, "The ‘America’s Best Communities’ competition has given the towns and villages of Le Roy and Bergen the opportunity to do what we are committed to: dedicate our time and passion to value and honor our history; enhance the quality of life and sense of place to all who live and work with us; encourage our young people to join us with their families and businesses in our rural environment; support our agricultural resources; and create and maintain economic development in a way that builds on the quality and hometown essence of small town America."

"It has been a great experience working with the ABC team and Bergen and Genesee County officials on this project,” said Stephen Barbeau, Town of Le Roy supervisor. "Community support has been overwhelming and our town board remains very optimistic that we will be able to establish our commercial park, injecting some new, clean commercial growth to our tax base while not detracting from our residential neighborhoods and rural character."

The Genesee Gateway Local Development Corporation (GGLDC), an affiliate of GCEDC, is the entity which administered the grant dollars and oversaw the selection of the consultants used in the development of the revitalization plan.

“The submission of the community revitalization plan serves as a monumental step in moving on to the next stage of this prestigious nationwide competition,” said Thomas Felton, GGLDC chairman. “Every official and community leader involved in this process has played a critical role in making sure this plan comprehensively reflects the business and economic development needs of the Bergen and Le Roy communities.”

Le Roy Dunkin' Donuts to open Monday

By Raymond Coniglio

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It’s almost time to make the doughnuts.

Dunkin’ Donuts will open its newest restaurant at 125 W. Main St. at 5 a.m. Monday, said Joe Bochiechio, multi-unit manager for franchisee Cafua Management Company, LLC.

The restaurant is located at the site of the former Grove Motel, across from the Oatka Podmall. Town planners approved the project in October 2014, and construction has been under way since spring.

Bochiechio said his company has been pleased by the reception.

“It’s been great,” Bochiechio said. “People have been very anxious to have us.”

Twenty-five people have been hired so far — “pretty much all from the Le Roy area,” Bochiechio said — and the location will eventually employ 30.

Hours will be from 5 a.m. to 11 p.m. daily.

Dunkin’ Donuts has more than 11,300 restaurants worldwide. Methuen, Mass.-based Cafua Management Company is its largest privately owned franchisee, with more than 300 restaurants across the United States.

The company has ambitious plans for the Rochester region. Bochiechio said he has helped open seven or eight new restaurants since 2013, and new locations are planned for Warsaw and next year in Mount Morris.

“We’re continuing to grow,” Bochiechio said.

Women of the Moose present checks to local charities

By Howard B. Owens

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Lorie Oliver and the Women of the Moose Chapter 370, Le Roy, presented Tammy Arneth, director of All Babies Cherished with a check for $475.00 this weekend. The chapter also presented Jeanne Walton, director of Genesee County YWCA with a check  for $475. The money was raised at their annual Harvest Dinner held in October.  

(Submitted photo and info.)

Batavia man accused of attempted assault on police officer, fleeing, DWI

By Howard B. Owens
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   David Martin

A 54-year-old Batavia resident is facing an attempted assault on a police officer charge after allegedly trying to drive his vehicle away from a traffic stop while an officer's arm was inside the vehicle.

David J. Martin, of Elm Street, allegedly led law enforcement on a pursuit into Stafford, where he was stopped with the aid of spike strips.

Following arraignment on several charges, including DWI, Martin was jailed without bail.

The incident began with a traffic stop after a Le Roy PD officer observed a vehicle in the village without license plates. Martin was identified as the operator. The officer observed that it appeared Martin had been involved in some sort of altercation. During the investigation, officers came to believe Martin had been driving drunk. Martin was instructed to step out of the vehicle, which, at that point, had its engine shut off. Martin allegedly started the engine and while patrols attempted to prevent Martin from putting the vehicle in drive, Martin allegedly started driving away while an officer's arm was still in the vehicle. Martin allegedly continued on the roadway and patrols tried to get him to stop.

Charges against Martin include: attempted assault on a police officer, a Class D felony; DWI, second offense, a Class E felony; aggravated unlicensed operation in the first degree, a Class E felony; unlawful fleeing a police officer in a motor vehicle in the third degree, a Class A misdemeanor; resisting arrest, a Class A misdemeanor; obstructing governmental administration in the second degree, a Class A misdemeanor; two counts of reckless driving, a misdemeanor; no distinctive plate, a violation; driver’s view obstructed, a violation; unsafe start, a violation; two counts of improper or unsafe turn/turn without signal, a violation failure to keep right, a violation; and refusal to take a breath test, a violation. Along with these charges, the Genesee County Sherriff’s Office has also charged Martin with: fleeing a police officer in motor vehicle in the third degree; speed over state limit/55 mph, a violation; and speed in zone, a violation.

Martin is scheduled to reappear in Town of Le Roy Court at 1 p.m., Nov. 19.

Le Roy's Wolcott Street School celebrates Character Day

By Raymond Coniglio

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Assistant Principal Jon Wilson, left, and Principal Carol Messura greet students Friday during a celebration of Wolcott Street School's designation as a 2015 National School of Character. 

Call it a show of good character, featuring a cast of “good characters.”

About 700 of them, to be exact.

The Wolcott Street School community gathered along Trigon Park on Friday afternoon to celebrate — cheerfully and loudly — its designation as a 2015 National School of Character.

Principal Carol Messura and Assistant Principal Jon Wilson arrived aboard a Le Roy Fire Department ladder truck, which carried a National School of Character banner and was escorted by the fire department along Main Street to the school.

They exchanged high-fives with students, before heading indoors for an assembly in Memorial Auditorium.

The elementary school was named a National School of Character in May by Character.org (formerly the Character Education Partnership), a Washington, D.C.-based organization that advocates for character education. School administrators traveled to Atlanta last month to accept the honor.

Messura said it’s something to share.

“This award represents every single student, every staff member, every worker here, every parent, every administrator past and present, board members, families and our fabulous community at large,” she told students.

“This award lives in all of you.”

National Schools of Character are schools and districts where character education has had a positive impact on academics, student behavior and school climate, according to Character.org. Designated schools have the right to use the National School of Character name and logo for five years.

Messura said 276 schools from across the United States applied for the honor this year. Wolcott Street School was one of only 64 schools and three districts that were awarded.

For Wolcott Street School, the story actually began about 15 years ago, when a Character Education Committee was created under the direction of then-principal Jim Thompson.

After his retirement, the character education program continued under his successor, Casey Kosiorek. The school earned a “Promising Practices” award in 2010, the same year it adopted the Olweus Bullying Prevention Program. 

Wolcott Street School was named a New York State School of Character in 2012.

Thompson and Kosiorek were among local dignitaries on stage for Friday’s celebration.

“You know what we’re all here for? To make a difference with kids,” said Thompson, who now directs the Instructional Coaching Service for the Genesee Valley Educational Partnership.

The Character Education Committee was formed in light of changing times, Thompson said. It had become clear that developing good character, was a responsibility schools had to share.

“It needed to be taught and it needed to be celebrated,” Thompson said. “And not in a heavy-handed way, but in a good way.”

Highlights from the assembly:

— John Panepento and Riley Wood each spoke on behalf of the sixth grade, which was asked to describe what character education has meant to them.

— Sixth-graders also sang “Hakuna Matata,” from Disney’s “The Lion King Kids.” The class presented the musical — to rave reviews — on Thursday.

— Wilson announced that every student will receive a T-shirt to commemorate Friday’s celebration. Students chose shirts over wristbands in a school-wide vote.

Friday’s celebration capped “Character Day” at WSS. Students participated in class activities throughout the day.

“Building character in each and every classroom is really our goal,” Wilson said.

“There’s a lot going on in education right now,” he added. “But we can never lose sight of the fact that character education is the heartbeat of our school district.”

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Wolcott Street School Principal Carol Messura and Assistant Principal Jon Wilson, center, are pictured Friday with former principals Jim Thompson, left, and Casey Kosiorek.

Law and Order: Bank employee accused of stealing $4K from safe

By Howard B. Owens

Andre Bailey, 28, of Rochester, is charged with grand larceny, 3rd. Bailey is accused of stealing $4,000 from the bank safe at Woodforest National Bank, located inside Walmart. Bailey was employed by the bank.

Jay D. Schutt, 27, of Le Roy, is charged with DWI. Schutt was stopped by State Police on Warsaw Road, Le Roy, for allegedly speeding. At the Batavia barracks, he allegedly tested with a BAC of .16.

A 17-year-old resident of Pearl Street Road, Batavia, is charged with criminal mischief, 4th. The youth is accused of intentionally damaging the property of a family member while the person was not at home. He was jailed on $1,000 bail or $2,000 bond.

A 17-year-old resident of Route 237, Byron, is charged with forcible touching. The youth is accused of grabbing a fellow student's body parts. 

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Le Roy comes back against Notre Dame to win volleyball semifinal

By Howard B. Owens

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Down two matches to nil, and down on points midway through the third set, Le Roy rallied in its Class C Section V semifinal volleyball match against Notre Dame to pull out a 3-2 victory and advance to the next round.

The sets went 25-23, Norte Dame, 25-21, 23-25, 15-25 and 21-25.

Photos by David Boyce.

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Sponsored Post: Vote for the right team for LeRoy!

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Religious organization in Arizona challenged Le Roy schools on transgender student policy

By Howard B. Owens

A conservative Christian group based in Arizona has issued a press release challenging the Le Roy Central School District for its handling of a reportedly transgender student and the student's access to locker rooms and restrooms. In a separate letter to the district and released by Alliance Defending Freedom, the advocacy group states that some male students are uncomfortable sharing facilities with a female student who identifies as male, but gives no indication that ADF actually represents any local residents.

The press release invites any district parents concerned about the issue to commence legal proceedings against the district. The district has not issued a statement in response to the press release from ADF.

Press release (links within the press release are to third-party sites):

Alliance Defending Freedom sent a letter Friday to the Le Roy Central School District Board of Education that asks it to reverse a recent decision by district staff to allow students to use locker rooms and restrooms of the opposite sex. The letter provides a suggested policy that addresses the school district’s concerns about discrimination without allowing the sharing of restrooms.

The ADF letter explains that no federal law requires public schools to allow boys into girls’ restrooms or girls into boys’ restrooms. In fact, as the letter notes, the district could be exposing itself to legal liability for violating students’ right to bodily privacy.

“Protecting students from inappropriate exposure to the opposite sex is not only perfectly legal, it’s a school district’s duty,” said ADF Legal Counsel Matt Sharp. “Letting boys into girls’ locker rooms and restrooms is an invasion of privacy and a threat to student safety.”

In December 2014, ADF sent public school districts nationwide a similar letter that it has now provided to Le Roy Central School District. All of the ADF letters cite pertinent legal precedent, including court rulings that support the ability of public schools to limit restrooms to members of the same sex for privacy and safety reasons without violating Title IX, a federal law concerning sex discrimination in public school programs and activities.

“Allowing students to use opposite-sex restrooms and locker rooms would seriously endanger students’ privacy and safety, undermine parental authority, prejudice religious students’ free exercise rights, and severely impair an environment conducive to learning,” the ADF letter to Le Roy Central School District explains.

“ADF’s policy allows schools to accommodate students with unique privacy needs, including transgender students, while also protecting other students’ privacy and free exercise rights, and parents’ right to educate their children.”

The ADF letter also offers to evaluate the situation and potentially offer free legal assistance if anyone files a lawsuit against the recommended policy.

“Schools can accommodate a small number of students that have different needs without compromising the rights of other children and their parents,” added ADF Senior Legal Counsel Jeremy Tedesco. “No child should be forced into an intimate setting – like a bathroom or a locker room – with a child of the opposite sex.”

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