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Judge Rules In Favor Of NY AG In Discrimination Lawsuit Against Former Schenectady Ice Cream Shop Owner

WAMC screenshot
A copy of the judge's order in the case involving the New York Attorney General and David Elmendorf

A judge has ruled in favor of the New York attorney general in a discrimination lawsuit against the former owner of a Schenectady ice cream shop.

In March, Democrat Tish James sued David Elmendorf, claiming he took racist and discriminatory actions when he called police and falsely claimed Black Lives Matter protestors were brandishing weapons at a June 2020 protest outside Bumpy’s Polar Freeze. The protestors gathered following allegations that Elmendorf made racist comments and instituted racist hiring practices. Schenectady Police arrested Elmendorf after he pointed an air rifle at the protestors.

“There is zero tolerance for harassment, intimidation, or violence of any kind against anyone in New York,” said Attorney General James in a statement. “As this nation continues to be plagued by division and hate, this decision sends a critical and clear message that those who perpetuate racism and discrimination, including filing false, race-based police reports, will be held to the fullest extent of the law. This is an important step forward, but our work isn’t over — we will continue to work tirelessly to ensure that every New Yorker feels safe and protected.”

“This outcome sends a clear message that racism and hatred will not be tolerated in our community,” said Schenectady Mayor Gary McCarthy in a statement. “On behalf of the city of Schenectady, I would like to thank Attorney General James and her team for their dedicated work on this historic case.”

As part of the judgement, the AG says Elmendorf is required to pay nine victims $500 each. Elmendorf’s attorney said that the allegations were “categorically false.”