New York’s Attorney General is suing the former owner of an ice cream shop in Schenectady, claiming the man made false claims to police based on race. Democrat Tish James says David Elmendorf falsely told police that Black Lives Matter protestors who had gathered outside Bumpy’s Polar Freeze last summer had weapons. 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.
James’ action is the first of its kind since the state legislature gave her office the authority to sue a person who, motivated by race, summons police without reason to suspect laws have been violated. That power was granted after a high-profile case in which a white woman called police on a Black man in New York City’s Central Park.
In addition to other restrictions and fines, the AG’s suit seeks to prevent Elmendorf from communicating with any of the protestors he encountered.
Elmendorf's attorney, James Mermigis, says he client categorically denies all allegations.
