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Apr 20, 2012 11:27 AMPublication: The Southampton Press

Judge Drops Westhampton Beach Enforcement Case Agianst Shock Owner

Apr 25, 2012 12:59 PM

Even though her 6-foot-tall ice cream cone sculpture is still missing, Westhampton Beach business owner Elyse Richman got last licks on the village.

Earlier this month, Westhampton Beach Village Court Associate Justice J. Lee Snead tossed a summons issued to Ms. Richman two years ago after she said she temporarily placed the statue outside one of her Main Street businesses, Shock Ice Cream and Frogurt Cafe. While Ms. Richman considered the sculpture art, and had placed it in front of the store as a decoration for a child’s birthday party, the village considered the statue to be a sign.

A few days after the party, Ms. Richman went to remove the sculpture from outside her store and discovered that it had been stolen. The same day, she received a $750 citation from the village for having a sign without a permit.

“They considered it a sign,” Ms. Richman said this week. “I said it wasn’t [a sign], and that is where the debate ensued.”

According to Ms. Richman, after two years, the statue has still not been recovered and the case has been dropped.

Village Clerk Rebecca Molinaro said this week that village officials did not wish to comment on the case.

Erin McKinley

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It like a frigging Police State in WHB. All these petty regulations from the Village board is killing the village itself. The trustees probably had village employees take the cone and dump it in the canal just behind main street. These trustees are all on power trips.
By sayitaintsojoe (100), Westhampton on Apr 20, 12 12:11 PM
4 members liked this comment
they are great inforcing schlock scultputes
By fyi (17), westhampton on Apr 25, 12 7:53 PM
1 member liked this comment
Yes fyi, those "scultputes" are awesome!
By Nero (301), Sag Harbor on Apr 25, 12 8:35 PM
Well, we all know that the code enforcement division and its leader, at a minimum, are morally incompetent. The ice cream statute was taken, not stolen, is my best guess because if the village considers it an illegal sign (sic) they are allowed to confiscate it.

Shock (enterprises) is a nice business for the village and the Village Fathers (cough cough) should take more days off and get a life instead of bullying the fine members of the business community.

Baked goods and ice ...more
By BIGjimbo12 (201), East Quogue on Apr 20, 12 1:42 PM
2 members liked this comment
We live in an industrial police complex of a town... Where the bloated town payroll pickers must justify their very jobs existence on a regular basis. Clearly this ice cream cone is a sign.. A sign this end of the island is indeed that, a dead end. I cannot wait for all these old tyme idiots find better things to do, like call their nurse aides to help them with their daily duties...
By The Royal 'We' (199), Southampton on Apr 20, 12 2:57 PM
It has this '50's kind of flair.

I say keep it.
By Mr. Z (11847), North Sea on Apr 20, 12 11:42 PM
the judge did the right thing-
By lo-cal (78), southampton on Apr 21, 12 3:42 PM
yeah he's just sick of listening to her .
By ranger (54), springs on Apr 21, 12 4:18 PM
The Cone was stolren the same day the code enformcement officer issued a summons, who took the cone is still the question, there are more important things to take care of in this village, then our village wasting their time on ridiculous and harrasing procedures and ordinances that are always selectively enforced in this village its obvious, and its worth the fight to defend your rights.
By Shock (48), on Apr 21, 12 11:04 PM
1 member liked this comment
How come no one is upset the fine was $750? Regardless if it was justifiable, the amount seems to be extreme.

How funny would it be to have a piece of art that said "this is not a sign". I could only imagine that any subsequent court hearing would devolve into a vaudeville skit.
By Hambone (514), New York on Apr 22, 12 10:49 PM
Yes this is a very restrictive region to express oneself in art,last week it was the removel of The Legs in Sag Harbour now the Ice Cream Cone in Westhampton,whats next The Flanders Duck,Quack Quack.
By Etians rd (543), Southampton on Apr 23, 12 1:57 PM
Driveway pillars are uglier than leg and ice cream cone sculptures.
By 38 (5), southampton on Apr 27, 12 10:14 AM
At last night WHB Village meeting the Mayor and Trustees passed a resolution to Hire Special Counsel to Appeal the Decision of the Village Judge who dismissed the case. This seems a waste of taxpayers money .
By Shock (48), on May 4, 12 6:17 AM
Update:
Nov 9th 2012 an appeal was entered to the Appelate Court in Brooklyn by the village.At the rate of 190.00 an hour of taxpayers money. This is how your taxes are being used, to appeal an ice cream cone dismissal . Why ?
Who knows the answer ?
By Shock (48), on Nov 27, 12 8:39 PM