Bethany town residents will be able to fill their water totes for the last time from 6 to 8 p.m. Tuesday at the town hall, Supervisor Carl Hyde Jr. says.
“We knew it was on loan. I asked for an extension and we didn’t get it. Everybody knew this might happen. We just need to figure out the next step. I’m not done thinking outside the box,” Hyde said Thursday morning. “We’ve got a lot of bottled drinking water for residents; that’s a good thing. We will continue with the bottled water program until all 24 pallets are handed out to those whose wells have gone gone dry.”
Even with the tanker, it has been a completely flawless operation, he said, given the cold temperatures. There have been several times that the water valve has been frozen and needed to be thawed out. As winter progresses, that would have continued to be a difficulty to contend with, he said.
“The weather’s a huge factor in where we’re going and what we’re able to do. Mother Nature is just being difficult; first she put us in this drought and then she brought all this cold weather,” he said.The pump housing is aluminum. We can’t heat it up with a torch; aluminum does not like torches and heat, it could expand and crack.We’ve had to pour warm water on it to thaw it out. It’s not easy.”
He commended the town board and community members for pulling together and working out solutions so far.
“We are resilient in Bethany, and we will do what we have to, to come through this,” he said. “Everybody has done a great job to get us to this point.”
Having the 6,700 tanker from the state was a temporary fix that was appreciated, and more residents have water totes as a result of it, he said. For now, they will have to travel to Batavia, Pavilion or Stafford to meet their water supplies. He has not heard of any dry wells recharging to the point of being filled on their own, he said.
“We are talking, we are trying to figure something out,” Hyde said. “We did have the hall booked for Christmas parties and New Year’s Eve parties, and those were canceled.”
The volunteer fire company usually has several breakfast fundraisers the first part of the year, and those too have been canceled without water, he said.
“We don’t know when the water is coming back,” he said. “It really upsets the apple cart. Unfortunately, I have to be the bearer of bad news.”
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.”
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
Checking out the changes at Batavia High School, Hiro posed for a few photos along the way. Submitted Photo
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
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, Class of BHS 1991, talks about old times with Hiro at Eli Fish in Batavia. Submitted Photo
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.
The holiday season is a time of joy, celebration, and togetherness. However, amidst the festive decorations and merriment, there are poisoning potentials.
Our number one call last December and this December is for pain medicine mishaps for all ages in the 54 counties we serve. That means an unintentional overdose, taking a double dose of a medicine, or a child getting into the wrong medicine. So far this December, our poison center is seeing a high number of calls for exposure to cleaning products and children who have swallowed something they shouldn’t like a battery or toys.
“One way to safeguard against an unintentional exposure this holiday season is by storing purses and coats up high just in case loved ones bring along any medications that could harm little ones. Offer a safe place to store or a medication lock box,” says Mary Beth Dreyer, Upstate New York Poison Center Health Education Program Manager. “Remember, we are available 24/7, even during holidays, to help in times of need."
Common Poisoning Potentials
Decorative Plants: While visually appealing, certain decorative plants can be toxic if ingested. Keep these out of reach of kids and pets: mistletoe, holly berries, amaryllis, Jerusalem cherry, and yew. Remember to call for any plant ingestions to help keep yourself or a loved one safe.
Alcohol & Cannabis: Secure and keep out of reach of children during holiday parties.
Decorative Lights: Keep batteries and light bulbs away from small children, as they can be harmful if swallowed.
Medication: Keep suitcases and purses out of reach of children and pets. Designate a safe space for coats, purses, and bags.
Dinner Time: Combat food poisoning by keeping hot food hot and cold food cold. Refrigerate or freeze any perishable food within two hours.
Kids Toys: Many children’s toys contain lithium button batteries (flat, coin-like batteries). If eaten, they can get stuck in the throat or on the way to the stomach and cause a blockage or serious burns. Call our poison center or seek immediate medical attention if you think your child swallowed a button battery.
Household Chemicals: Never mix chemicals, use cleaning products in a well-ventilated area, and store them out of reach from children and pets.
Empowering students, maximum potential, socially responsible citizens.
Those are some of the words “that popped out to me when I first became a principal when I started to dig into learning a little bit about Batavia,” High School Principal Jennifer Wesp said during Tuesday’s Batavia City Schools Board of Education meeting. “And then things like safe and nurturing environment, high moral character, and successfully meeting life’s challenges. So coming into this, I really was focused on how can we make sure that our culture is helping our students to rise to be the best students that they can be? And how can they take hose steps to really show the independence that they have within themselves?
“So I just wanted to say that I really grounded myself in the mission and vision as I started to think about the work that I was going to do,” she said. “So with that, as you know, our strategic plan as a district is really amazing. And this is really the roadmap that we use in the high school to plan all of the things that we’re doing, some of the policies and procedures that we’ve updated, the messaging we’re giving our students.”
Her journey, as she put it, began in the summer with a three days of four-hour meeting of the minds from across district buildings, to share concerns — “there had been some unrest at the end of the year, lots of things where people were talking about different things that were going on” —and some of the needs that staff wanted to discuss with the district at large, she said.
“And it really gave me my first taste of what is Batavia about, what are we looking at, what are we looking to build upon, what are the great things?” she said. “So this kind of helped, just being in the meeting and meeting people across the district to start to formulate some of the things and actions that we are going to take as we work on our goals together.”
Two specific areas emerged from those meetings for more exploration, she said, which was done with interviews and surveys to obtain direct feedback from the “stakeholders” involved. The two areas led to questions:
In what ways might we be able to handle and best manage student behaviors in class?
How might we help students emotionally regulate in order to avoid and manage conflicts?
Assistant Principals Omar Hussain and Jessica Korzelius took a part of the presentation and piece of the response to create three goals to help students to progress personally and academically.
The goals involve purposeful reading, a safe and orderly environment, and well managed emotions.
More specifically, the goals mandate that students will:
Learn strategies to develop/manage/execute emotional regulation levels to increase positive student behaviors in the classroom, school and community;
Engage in purposeful reading (authentic text), writing and collaborative discussion protocols for 100 minutes a day; and
Provide a school environment that is safe and orderly for all.
Just what is authentic text? The New York State Education Department defines it (and other forms of media) as being produced from authentic resources and used as "a tool to promote students’ language and culture learning."
"Through authentic resources, students see how words and structures are used in a given cultural context for real-world communicative purposes. When authentic resources are well-chosen and implemented, they can motivate and support students’ target language use and cultural understanding," the SED website states.
Hussain touched on the idea of independence in a way that he thought was “pretty sweet,” and seemingly simple. The school’s co-mayors suggested a program of allowing seniors the option to hang out for a “sunrise/sunset” privilege, captured with fun props in photos at Van Detta Stadium, and done with the assistance of a student parent group. It was an alternative senior study hall that “the underclassmen, they’ll love it too,” he said, and includes a late arrival for seniors and study halls housed in the library, aka the “Senior Lounge.”
Korzelius talked more about strategies to help students “understand themselves better,” and that use restorative practices. Such strategies can involve family members and counselors, and the work is focused on repairing the damage done to oneself and relationships with others.
“There’s the alternative to suspension room,” she said as an example of the restorative piece. “For an overall wellness experience for students.”
There’s a strong emphasis on the positive, all three said, and that includes mental health as part of a social and emotional learning component.
“It’s just really empowering our students to see the leaders in themselves … it’s celebrating students,” Korzelius said.
A holiday donation from Knights of Columbus members, including Gary Doody and Craig Mollon, on left, and Dan Perl and Bernie Hoerbelt on right, helped to feed children at the Agri-Business Child Development Center in Batavia. Submitted Photo
The Knights of Columbus presented 40 hams to the Agri-Business Child Development Center, which in turn gave them to the families of the children under its care. The Knights represent nearly 50 members of the local council.
The Catholic men’s organization represents over 2,000,000 worldwide members who promote charity, unity, fraternity and patriotism. The local council uses fundraisers to donate to local charities.
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.
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.
For at least two weeks, I'm going to be unable to do much work.
Friday morning I was diagnosed with a detached retina in my right eye. I'm having surgery this morning. I get to spend the next week in a constant facedown position. It will be at least two, possibly three, weeks before I can return to work.
Well, history repeats. Almost exactly.
Last Wednesday, I covered the food distribution at St. Anthony's and noticed no issue with my vision. I remember specifically looking through the viewfinder on a couple of photos and lining up how the scene was framed and didn't notice any problem with my vision. That night, I covered a candlelight service in Le Roy, and as soon as I put the viewfinder to my right eye, I knew something was wrong.
I was diagnosed with a detached retina on Friday. Today, surgery.
Again, at least two weeks of facedown recovery. I looked just now at notes to readers in 2016 and I was actually out of work for three weeks. This time, the doctor is saying a week or two of recovery. The detachment in 2016 occurred because I got hit in the eye with a basketball. This time -- it happened on its own. This time, I also got to the doctor faster and am getting treatment sooner.
Issues with Deal of the Day should be directed to Kara Richenberg, kara@thebatavian.com
Press releases and news announcements, as always, should be sent to news@thebatavian.com
Mike Pettinella will help a little more with coverage, which I greatly appreciate, but he has limited availability because of other responsibilities.
We have a big pool of freelance photographers available to help us out now -- many more than in 2016 -- but they all have full-time jobs, families, etc. I'm sure they will step up where they can, but we also encourage community groups to submit their own photos and information about events to news@thebatavian.com.
I will be turning off the scanners in my house for the duration. I don't want to feel tempted to get on the computer to post something or feel frustrated that I can't go out to cover something.
We will inevitably miss some stories. This wouldn't be as much of an issue if we had more help. We would have more help if more people would sign up for Early Access Pass. This circumstance clearly highlights why it is important for you to join Early Access Pass. To join, click here.
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.
Dr. Virginia Taylor - President, Genesee Community College Foundation, Jeremy and Sandra Liles - Owners, Oliver’s Candies, Honorary Chairs of "Encore" Justin Johnston, Vice President for Development, External Affairs and Admissions at Genesee Community College and Executive Director of Genesee Community College Foundation. Photo Courtesy Genesee Community College
At a gala night celebrating the holiday season -- with the movie theme "White Christmas -- and helping raise funds to benefit students at Genesee Community College through scholarships, Jeremy and Sandra Liles were honored as co-chairs of the 31st Encore event in the Stuart Steiner Forum.
Jeremy Liles is owner of Oliver's Candies in Batavia and Sweet Life Country Store in Elba.
The brief program was followed by a performance of the Genesee Symphony Orchestra.
Tompkins Financial, Presenting Sponsor, "Encore" - Jessica Maguire-Tomidy, Vice President of Operations for Tompkins Insurance; Diane Torcello, President, Tompkins Community Bank Western New York Market Photo Courtesy Genesee Community College
Dr. Jim Sunser conducts the GSO performing "Sleigh Ride" Photo Courtesy Genesee Community College
Photo Courtesy Genesee Community College
Shade Zajac, Conductor of GSO, leads the audience in singing "White Christmas" Photo Courtesy Genesee Community College
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.
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:
Stromberg v. California, which, in 1931, protected as free speech, the right to display a red flag;
United States v. O’Brien, which, in 1968, protected conduct that conveys a message in a case where a war protester burnt his draft card;
Texas v. Johnson, in 1989, protected flag burning as political expression.
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.
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."
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:
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.
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.
It was a faith-filled Second Sunday of Advent Sunday morning at Ascension Church at Resurrection and Ascension’s combined Faith Formation programs, with:
Card making for nursing home residents
Food and conversation
Discussion about Church and family Advent & Christmas traditions
Catholic Charities of Buffalo announced the members of its Appeal 2024 leadership team which include Kevin Gannon as chair, Michael Noe, MD, MPH as vice chair, Gina Giese as parish and community division chair, and C. Kevin Brayer and David Wolf as corporate division co-chairs.
Submitted photo of Kevin Gannon.
After previously serving as both vice chair and parish chair in recent years, Gannon is taking on the role of chair as the annual Appeal marks 100 years in 2024. Gannon is the chief sales officer of Azeros Health Plans and has more than 35 years of experience as a benefits broker. He is a member of the St. Vincent de Paul Society and serves as a committee member at OLV Homes of Charity. Gannon and his wife reside in Hamburg and belong to Saints Peter and Paul Parish in Hamburg.
Appeal 2024 Vice Chair Noe is an emeritus clinical professor in the School of Public Health and Health Professions at the Jacobs School of Medicine and Biomedical Sciences.
Submitted photo of Michael Noe, MD, MPH.
Recently retired, he previously served as associate dean for community relations and clinical affairs and director of the school’s residency program in preventative medicine. Dr. Noe also held various senior administrative positions during his career with Kaleida Health. He is a long-time member of the Bishop’s Council of the Laity and serves on the board of directors at Brothers of Mercy campus facilities, at Harvest House Buffalo, and at The Family Help Center. Dr. Noe resides in Clarence and is a member of St. Gregory the Great Parish in Williamsville.
Submitted photo of Gina Giese.
As parish and community division chair, Giese works with both parish Appeal teams as well as Catholic schools, parish societies and other local organizations throughout the eight counties of Western New York. She is a senior vice president and retail regional manager with M&T Bank and serves on the Genesee Community College Foundation board. Giese and her husband, Deacon Walter Szczesny, are members of Ascension Parish in Batavia.
Submitted photo of C. Kevin Brayer.
Brayer returns for his fourth year as corporate division co-chair, to direct a team of volunteer business leaders and develop strategies for seeking contributions from local corporations and small businesses. He is the retired executive director of the St. Bonaventure Buffalo Center and a long-standing parishioner of St. Louis Church. Brayer also serves on the Bishop’s Council of the Laity, the Foundation for the Roman Catholic Diocese of Buffalo, and the board of directors for the Ronald McDonald House. He resides with his family in Buffalo.
Submitted photo of David Wolf.
Also named corporate division co-chair, Wolf is a senior financial advisor with Excelsior Financial. He holds the Chartered Retirement Planning CounselorSM (CRPC®) designation and has more than 25 years of experience servicing both individual high net worth clients and small businesses. Wolf resides in North Buffalo with his family and are members of St. Mark Parish in Buffalo.
“Volunteers are, and always have been, the backbone of the annual Appeal – their dedication make it happen year after year for the past century,” said Deacon Steve Schumer, president and CEO, Catholic Charities. “We are grateful for the support of Kevin and the entire leadership team to spearhead our centennial Appeal efforts and look forward to a successful campaign in 2024.”
The annual Appeal, which is celebrating its 100 year in 2024, kicks off in January and runs through June 30. Funds raised during Appeal 2024 support Catholic Charities’ 57 programs and services, along with several ministries through the Fund for the Faith. More than 145,000 people of all faiths were served by Catholic Charities last year. For more information or to donate to Appeal 2024, visit ccwny.org/donate.
Rick Mancuso gets ready for the annual Christmas dinner at his T.F. Brown's restaurant in Batavia as the free offering heads into its 30-plus-year existence. Photo by Joanne Beck
Winter Storm Elliott, a COVID pandemic, and some burnt turkey were some of the hurdles thrown in the way for Rick Mancuso and his crew to continue with their free Christmas dinners for the last 30-plus years.
But those things never dampened the spirits of Mancuso, fellow organizer Joseph Teresi Jr. and their family members to prepare and serve up some turkey, mashed potatoes and fixings to hundreds of community members year after year, Mancuso said. And actually, the pandemic forced them to streamline the operation, which ended up serving even more people.
“We used to do a sit-down when it was at Mancuso’s Restaurant. Then, with the pandemic, we did a drive-through at T.F. Brown’s. For the last four years, we have done it that way and served 350 meals,” Mancuso said. “Giving back is something I enjoy doing. Joe was involved from the beginning with everything. He and I have been friends since we were kids. My brother Ben was most instrumental when it began at Mancuso’s. Then, he ended up moving to Rochester.
“It’s great. I mean, I’m really happy and pleased that we have the opportunity to do it. And we’re thankful to the community that supports it. Christmas has a lot of meaning, to everyone,” he said. “It’s a wonderful time for us to be able to be grateful and thankful, and to try and help others that are interested in having a meal or a little cheer themselves on a day that maybe might not be as promising for them, happy for them.”
Community service has been a tenet of the Mancuso family, and the kids all watched and followed their role models, parents Benjamin — a larger-than-life staple of Rotary shows and member of the children’s foundation, Lion’s Club and other local organizations — and Mercedes, by also getting involved. Rick, his wife Julie, their children and now their grandchildren have all evolved into the tradition of either prepping, cooking, packaging, handing out and/or cleaning up the Christmas meal every Dec. 25.
“They all set aside their Christmas Day, knowing that we do this first, and then we get together as a family, with our dinnertime at four o'clock or so,” he said.
Teresi, his wife Mary Beth, and his family have also all been integrally involved in the process. It was at Teresi’s nudging that Mancuso talked about the 30-plus anniversary, though Mancuso couldn’t help but joke that his good friend was out of town and unavailable to share in the interview.
Another component is T.F.’s staff, which helps out to prepare the meal in the days leading up to the dinner, Mancuso said. It’s definitely a team effort, he said.
“A large part of it is, they do a magnificent job of prepping it all,” he said. “I may come in the morning and get it all ready, but they spend up to Christmas Eve prepping it all.”
How much are we talking about? More than 100 pounds of turkey breast, 150 pounds of mashed potatoes and stuffing each and about the same of cranberry sauce. While that traditional crimson holiday sauce has been debated about whether it comes from a can or is made fresh, Mancuso isn’t ambivalent: “Ocean Spray makes a great cranberry sauce,” he said.
Some vendors donate products while T.F.’s covers the remainder of the cost. The event is “open to anyone and everyone,” he said and predominantly attracts families with some couples as well.
When asked if it seems as though it’s been 30 years, he initially said, “It doesn’t seem long.”
“But when you think about it, it is long,” he said. “When you see the kids growing up, that’s when you notice the time. I hope that I’m passing on the legacy my mom and dad passed on to us, in terms of being involved in your community, helping others, lifting others, I think that’s important. And when I’m gone, hopefully, they continue to do the same in their community. It doesn’t have to be this, whatever it may be.”
Another sign of the times is the prices — of food, deliveries, gas — “things have certainly changed through the years,” he said. But that hasn’t been the focus of these dinners. No way he could tally the vast amounts of volunteers who have pitched in to help — hundreds, he said — that included the Lions Club early on.
Snafus? There’ve been a few.
“One year, I burned the turkey, mom was with me,” he said. “ We pulled a rabbit out of our hat. It’s a great day, and you overcome.”
They have also overcome terrible weather — the blizzard of 2022 when most all roads were shut down — and the coronavirus that caused even more severe shutdowns for restaurants and schools and government buildings. That’s when Mancuso shifted to outdoor food service, along with other restaurants, and it ended up being a mixed blessing that catered to more of the community.
“We would have had to be here from morning to night to serve that many people,” he said.
They went from sit-down dinners of around 80 at a time to two shifts of about 200 packaged meals at a time delivered to one’s vehicle outside the East Main Street site. Mancuso also has a raffle of a couple of bicycles for kids for an extra fun bonus.
Letters go out to the local schools to let people know about the dinner, and pre-registration is required so that organizers can be prepared with enough food. Register by Tuesday with Tammy at 585-345-1000 or email tammy@mancusorealestate.net. Select either noon to 1 p.m. or 1 to 2 p.m. pick-up time, and include last name, phone number and number of adults and children.
T.F. Brown’s is also hosting its annual Ugly Sweater Contest from 5 to 8 p.m. Thursday at 214 E. Main St., Batavia. Bring a new unwrapped toy to benefit Don Carroll’s Toys for Kids, and you will receive a free beverage. Entertainment will be provided by the DSP Jazz Trio.
