Attorney General James Utilizes Authority to Prosecute False, Race-Based Police Reports for First Time

 

Former Ice Cream Shop Owner Also Sued Over Use of Racist Intimidation Tactics, Pulling Weapons On Peaceful BLM Protesters

First Lawsuit Brought by AG James’ Hate Crimes and Bias Prevention Unit  

 New York Attorney General Letitia James today took action to stop discrimination, harassment, violent threats, and — for the first time — false, race-based police reports in a lawsuit against the former owner of a popular ice cream shop in Schenectady, New York. The lawsuit — filed against David Elmendorf, the former owner of Bumpy’s Polar Freeze — 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. 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. Today’s lawsuit is the first brought by Attorney General James’ Hate Crimes and Bias Prevention Unit and seeks to make use of new authority granted to Attorney General James by the state legislature, last year, against those making false, race-based police reports to local police.

“Those who make racist and violent threats will be held accountable by my office with the full weight of the law,” said Attorney General James. “The charges against David Elmendorf should serve as a warning that hate crimes will not be tolerated on my watch and we will not allow any individual to use the color of someone’s skin as a weapon. Today, we are utilizing new authority, for the first time, to bring charges against an individual who filed false, race-based police reports. We must continue to remain vigilant against hate and bias in our communities, and I encourage anyone with information about a potential hate crime to contact my office.”

Last June, text messages allegedly authored by Elmendorf circulated on social media, revealing the use of racial epithets and Elmendorf’s refusal to hire Black individuals. In response, Black community groups — including Black Lives Matter — as well as hundreds of others protested against Elmendorf on private property near Bumpy’s. Over a period of two days, Elmendorf then terrorized peaceful protesters by making several armed, racist death threats with both a .22 caliber air rifle and a baton. Additionally, Elmendorf called local police and made false reports — claiming protesters were armed, when, in fact, no protesters were carrying any weapons.

Today’s lawsuit charges Elmendorf with intending to choose his victims based on race, in violation of New York Civil Rights Law (NYCLR) § 79-n, as well as violating their ability to practice their civil right to peacefully protest when he threatened to use physical force and harassed protesters with racial slurs, under New York Civil Rights Law § 40-c. 

Additionally, for the first time since the passage of the additional provision in NYCLR § 79-n last summer, Attorney General James is bringing a charge against an individual for filing a false, racially-motivated police report. Last year, following the high-profile case against Amy Cooper, a white woman who called 911 on an innocent Black birdwatcher in Central Park, the state legislature passed a law giving Attorney General James the authority to sue any person who — when motivated by racial or other bias — “summons a police officer…without reason to suspect a violation of the penal law.”

Attorney General James seeks to enjoin Elmendorf from imposing future threats to intimidate, coerce, or harass 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.

The suit also seeks to force Elmendorf to pay a penalty of up to $500 for each instance where he attempted to violate a protester’s right to peacefully protest, pursuant to NYCRL § 40-c.