NY shop owner vows he’s innocent of racist harassment after judge orders he pay thousands to BLM protesters

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A former New York City ice cream parlor owner is being forced by the state’s attorney general to pay $500 to nine Black Lives Matter extremists who he allegedly “harassed” last year after they started “protesting” outside his shop.

The “protests” spawned as a result of allegations that then-Bumpy’s Polar Freeze owner David Elmendorf had sent racially charged text messages claiming he doesn’t hire black people.

The recipient of the text messages apparently posted screenshots of the texts to social media.

The alleged text messages were sent in June, around the height of the violent, deadly BLM riots of that summer.

Elmendorf for his part denied that the texts were his.

“James Mermigis, lawyer for both Elmendorf and Bumpy’s, wrote Friday night in an email that his client ‘categorically denies each and every allegation of racism’ and ‘currently employs and has employed in the past, young people of all races,'” The Daily Gazette reported at the time.

BLM extremists nevertheless chose to do what they do and “protested” outside his shop in Schenectady.


It was during these “protests” outside Elmendorf’s shop that he allegedly harassed the extremists.

“Schenectady Police report that they received multiple 911 calls just after 7:00 p.m. Tuesday for reports that a man with a gun was threatening protesters in the area of 2013 State Street at Bumpy’s Polar Freeze,” local station WRGB reported on Tuesday, June 30th, 2020.

“Police say that man was 35-year-old David Elmendorf. … Police say that as officers were dispatched towards the area, they received updated information that Elmendorf had left the scene and was driving in a vehicle towards Balltown road. According to police, officers from the Niskayuna Police Department observed the vehicle in question and initiated a traffic stop,” the station added.

Elmendorf was detained, an imitation pellet gun was “recovered” from his vehicle and he was charged with two counts of 2nd degree menacing, a class A misdemeanor.

Meanwhile, Schenectady County Attorney Chris Gardner submitted a letter to New York Attorney General Leticia James asking that she investigate Elmendorf over the alleged text messages.

Elmendorf eventually pleaded not guilty to the misdemeanors, and as of March, 2021, his case was reportedly pending. March specifically matters because it was in March that James decided to sue him using the state’s “Central Park Karen” law.

James’ office released a statement at the time claiming the suit “seeks to hold Elmendorf responsible for multiple racist and discriminatory actions he took in violation of the law shortly after the ice cream shop’s allegedly racist hiring practices came to light last year.”

“In altercations with peaceful Black Lives Matter protesters, Elmendorf brandished several weapons and made death threats in an effort to stop legal protests, while simultaneously using a number of offensive, racial epithets when referring to Black protesters,” the statement reads.

“Following the altercations, Elmendorf called the police and falsely claimed protesters were brandishing weapons as he used their race and color as reasoning for the call,” it adds.

No news reports from 2020 mention anything about Elmendorf calling the police.

On Wednesday, James won the suit.

“As part of the judgment, Elmendorf is required to pay $500 to each of the nine victims he harassed and threatened and is permanently enjoined from making future threats to intimidate, coerce, harass, or use physical violence against any persons or group of people because of their race, from having or brandishing a deadly weapon within 1,000 feet of any peaceful protest, from communicating with any of the victims from the incident, and from creating false reports with the police based on a person’s skin color,” according to James’ office.

“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,” James said in her own statement.

If all the allegations against Elmendorf are indeed true, this would mark a very rare occasion, because most interactions between business owners and BLM extremists have involved the extremists conducting the harassing:

Not to mention the vandalizing:

The beatings:

The arson:

And more …


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Vivek Saxena


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