Lockport sign law used to deprive man of rights awaits resolution

The Niagara Falls Reporter published in June the crooked up case against David Mongielo, a Lockport businessman who was fined and sentenced to 15 days in prison by Town of Lockport Judge Raymond Schilling for violating a sign ordinance.

Mongielo was granted a stay of his sentence by Niagara County Court Judge Matthew J. Murphy while the court considered his appeal.
It has been determined Mongielo is entitled to a jury trial, the opportunity for one being denied him initially in clear violation of the constitution.

Many argue it is the Town of Lockport that ran afoul of the law set down by James Madison, Thomas Jefferson, Benjamin Franklin and other Founding Fathers, to the extent that they would strip a man of his freedom and lock him in a cage without a trial by jury over a sign no less.

Mongielo says his treatment before the Lockport court is tainted by political considerations. Mongielo’s business is in competition with a business owned by City Zoning Board of Appeals Chairman, Donald Jablonski who is also the Town’s political boss.

When Judge Schilling, who is also a Republican, refused to change the venue for his trial, Mongielo said he knew the deck was stacked. And while he won the right to a jury trial, he is still on the hook for the sign violation.

Lockport’s sign ordinance says a sign cannot change “format” more than once every ten minutes. Mongielo’s sign is a video sign and in the case where he is charged, he was advertising not his own business – Mongielo’s Complete Auto Service - but a fundraiser for a Niagara County sheriff’s deputy, Allen Gerhardt, who lost his legs when rushing to aid a fellow deputy.

Town officials say such signs constitute a public safety hazard because they might distract drivers.

Mongielo hopes the law itself will be reviewed.

“The law is vague. I had a video sign playing a fund raising event. I didn’t change the message. When I play one video, that’s one format."

His attorney Frank Housh has found the reasoning by the City to be circular. Lockport’s primary witness, a city inspector used the word "format" to legally define "format".

As Mongielo sees it, "My strongest argument is going to be the definition of the law and what it really means."

As he awaits word on how the appeal will be decided, he continues to maintain a legal defense website, signjail.com.

"I need money to fight this thing, and it’s driving me to the point of financial hardship because it costs to defend freedom.

There’s no organization out there to defend your freedom."

The website has local television news clips and articles that have been published regarding Mongielo’s arrest.

Meantime it is hard to believe any sane group of 12 jurors will agree that a man should be imprisoned for putting up a sign to raise money for a disabled sheriff deputy who lost his legs serving his community.