(Publisher’s note: This is the second installment of a three-part series in which the case of Dave Mongielo, a Lockport businessman now facing jail time for displaying the wrong kind of sign at his business, is explored. In many ways, the Mongielo affair brings to light the consequences of an out-of- control government and what can happen to ordinary people caught up in its madness.)

Are sleazy Republican politics to blame for the 15-day jail sentence received by Town of Lockport businessman Dave Mongielo?

Mongielo, who is a Republican committeeman, faces the jail time for the “crime” of having a video sign in front of his business that plays videos.

Lockport Town Justice Raymond Schilling, himself a product of the Eastern Niagara County Republican machine, played judge and jury in two separate trials Mongielo was subjected to, relying on the testimony of -- and evidence provided by – Donald Jablonski, who is an appointed member of the town’s Zoning Board of Appeals and also chairman of the Republican Committee there.

In the latter role, Jablonski was a bitter political opponent of Mongielo, a GOP committeeman who has long argued that allowing town office holders to serve as committeemen is a corrupt practice, rife with the potential for conflict of interest.

Mongielo’s problems started in 2009, when he sought and was denied a variance or special use permit for his sign from Zoning Board of Appeals, which was chaired by Timothy Lederhouse, who’s Transit Road Car Wash provided many of the same types of services as Mongielo’s Auto Specialties.

Shortly afterward, in July, 2009, Mongielo filed petitions to run for town supervisor, specifically citing the Zoning Board as a hotbed of corruption in the town. In the September GOP primary, he lost to incumbent Supervisor Marc R. Smith, and lost again running against him as a Democrat in the general election.

Less than a year later, Mongielo was cited for six violations of the town’s sign ordinance, tried before Schilling, fined $750 and given a one-year adjournment in contemplation of dismissal (ACD), meaning that the charges would disappear so long as he stayed out of trouble.

In September, 2010, Mongielo organized more than 60 residents to run for county Republican Committee, creating the first real committee elections in a half-century. The results were mixed, but he won his race overwhelmingly.

At a June, 2011, Republican Committee meeting, Mongielo motioned to remove Republican Chairman Jablonski for lying to residents, holding secret meetings, political corruption and deceptive marketing using party funds. He also motioned for half of the committee to leave during the vote to avoid a conflict of interest.

Two months later, Jablonski extracted his revenge, videotaping Mongielo’s video sign, which was being used to advertise a benefit for Niagara County Deputy Sheriff Alan Gerhardt who had lost both of his legs in an automobile accident. Jablonski took the video to town Building Inspector Brian Belson who used it to charge Mongielo with violation of the ACD.

Schilling denied Mongielo a change of venue due to the political overtones of the prosecution, found him guilty of violating terms of the ACD, and sentenced him to 15 days in jail and another $250 fine.

In court, Mongielo chose to defend himself. In his closing remarks, he spoke directly to Schilling about the political nature of the case.

“I ask this before Your Honor, I really feel there's more or less an ethical violation here with you hearing this matter, especially with the chairman of the Town of Lockport Republican Committee here, who we all know, basically, controls the endorsements and finances of people running for office, including judges and every elected official in the community,” he said.
“So I do still feel my constitutional rights are still being violated.”

Following his sentencing, Mongielo hired attorney Frank Housh.

"There's so much wrong with this prosecution. There's so much wrong with this case, I can't really begin. But I think that says it all. They want to put him in jail over a sign ordinance," said Housh.

Mongielo told the Reporter that community activism and not his sign may result in turning him into a jailbird.
Niagara County Court Judge Matthew J. Murphy showed the Wisdom of Solomon in staying Mongielo’s jail sentence so that his lawyers can file an appeal.

To put it simply, you have the Republican chairman of the Zoning Board of Appeals denying Mongielo’s request to put up his sign, refusing to recuse himself even though he is a business competitor of Mongielo’s.

Then you have the chairman of the local Republican Party, who was challenged politically by Mongielo, videotaping the sign, handing it over to prosecutors, and testifying against him.

Finally, you have a Republican town justice, backed by the Republican Committee, trying Mongielo twice and sentencing him to jail time over nothing more serious than a zoning ordinance violation.

Proving that Lederhouse, Jablonski and Schilling all have serious political conflicts of interest when it comes to Mongielo shouldn’t be difficult.

Heaven help them if the FBI or the U.S. Attorney’s Office in Buffalo decides that they conspired to deny Mongielo his constitutional right to a fair trial, which is a federal crime that comes with a jail sentence far in excess of 15 days.

“An individual who has political differences with my client, who was also vested with the authority to charge the town ordinances, was sitting outside my client’s business and made the determination that the lights were flashing in a way that was inappropriate again,” Housh told reporters.

“It’s shocking and it’s disturbing,” Mongielo added. “I am a patriot and it’s sad that dysfunction of America can show we really don’t have any freedoms locally.”

(Next Week: Dave Mongielo’s appeal: First Amendment rights, a poorly written ordinance, or political corruption in the Town of Lockport?)