Port Jefferson Rotary members Pat Sabo and Al Kopcienski, along with volunteer Joseph Schwartz repairing the Port Jefferson bus shelter. Courtesy Elizabeth Shwartz
Port Jefferson Rotary members Pat Sabo and Al Kopcienski, along with volunteer Joseph Schwartz repairing the Port Jefferson bus shelter. Courtesy Elizabeth Shwartz
Port Jefferson Rotary members Pat Sabo repairing the Port Jefferson bus shelter. Courtesy Elizabeth Shwartz
By Dylan Friedman
A Port Jefferson bus shelter in front of the Port Jefferson Chamber of Commerce building on West Broadway has been given a new life thanks to the generosity of a team of philanthropic local Rotary Club individuals, including 91-year-old Al Kopcienski of Miller Place.
Kopcienski, who worked on the original structure in 2006 and the recent restoration of the structure’s roof and windows on Sept. 17, said that the motivation for the project came simply from seeing how many people used that bus stop.
“If you think about it, that was a bus stop for a year and a half since Suffolk County started the bus route, and at the beginning there was nothing there. Anybody waiting for a bus [in the rain] would have to stand out … with umbrellas, if they had them — if not, they got wet,” he said.
“And then, with the original shelter they built, if you had a slight rain, you couldn’t stay there because you got wet. But with our design, people could stay in there and wait for the bus. It’s amazing how many people use the bus stop there. That was our motivation to accommodate the people that use mass transit,” Kopcienski added.
He graduated from Port Jefferson High School in 1950 and worked with his brother in farming before running a plumbing, heating and fuel business for 33 years. Kopcienski formally retired in 1989.
Among his many voluntary posts, he has served as president of Mount Sinai School District Board of Education, more than 60 years with Port Jefferson Rotary Club, and with Miller Place Fire Department where he served as chief from 1967-68.
Dr. Patrick Sabo, a fellow Port Jeff Rotary Club member with Kopcienski who worked on both the original shelter and its recent restoration, was quick to commend his colleague for his contributions.
“I have to give kudos to Al Kopcienski. He is in his 90s, he is still a Rotarian, and he still volunteers to drive an ambulance during the week. He’s the one who built the bus shelter in 2006, and he was down there with us putting the roof on it. I got to give him a lot of credit,” Sabo said.
At the remarkable age of 91, Kopcienski’s passion for community service continues to burn brightly. While he jokes about not replacing the shingles on the Port Jefferson bus shelter again, his ongoing involvement in projects at Chandler Estate in Mount Sinai and Camp Pa-Qua-Tuck in Center Moriches continuously demonstrate his unwavering dedication to making a difference, regardless of the endeavor.
The Chandler Estate “laid fallow for a long time, and Dr. Sabo, he and I … we opened up paths, and now we have people that go for walks, bird watching and [enjoying] animals and stuff like that, and sits right on Mount Sinai Harbor,” Kopcienski said.
“Another big project we have is a hands-on project, Camp Pa-Qua-Tuck, which is a camp for disabled children out in Center Moriches. Probably 40 years ago, we started going out there and giving it a day’s labor, cleaning up the place, painting, raking leaves, this, that, and everything just to get the camp ready for the summer kids,” he added.
As Kopcienski continues to inspire others with his tireless volunteer work, the Port Jefferson bus shelter stands as a testament to his commitment to improving the lives of his fellow citizens. Even at the age of 91, his unwavering and consistent dedication to service remains an extraordinary example for all.
Stony Brook doctor, tending to a newborn baby. Courtesy Stonybrookchildrens.org
By Daniel Dunaief
Water inside a house isn’t just bad for the structure, it can also be damaging to your health.
Local health care professionals suggested that Stony Brook residents whose basements flooded from this weekend’s heavy rainfall should be careful about the growth of mold or mildew, which can be especially problematic for anyone with chronic breathing issues.
“People can inhale spores over a period of time and can develop respiratory symptoms,” said Dr. Sunil Dhuper, Chief Medical Officer at Port Jefferson’s St. Charles Hospital.
People with asthma, chronic obstructive pulmonary disease, bronchitis and emphysema “need to be particularly concerned about some of these issues,” he continued.
Dr. Sharon Nachman, Chief of Division of Pediatric Infectious Diseases at Stony Brook Children’s Hospital, suggested that residents of Stony Brook, who experienced a localized 10 inches of rain this weekend, should “aggressively clean” their basements, from any standing water, as mold and mildew can start growing within a few days.
“You won’t see it because it’s small,” but people should dry the walls and under the floorboards and carpet, she said. “You want to get the water out.”
Local doctors, also, recommended dumping standing water off any surface that might become a breeding ground for mosquitoes, who can carry the West Nile virus.
At this point, the County Department of Health believed the West Nile threat wasn’t likely particularly high.
“The heavy rains and wind might have washed away adult larvae and adult mosquitoes,” Dr. Scott R. Campbell, Laboratory Chief in the Arthropod-Borne Disease Laboratory at the Suffolk County Department of Health Services, explained in an email.
“Wet springs and hot, dry summers — in which mosquitoes and birds may congregate at limited sources of water — may be conducive to higher West Nile virus transmission.”
The heavy rain, which was triple the usual average for the entire month of August, according to Weather Spark, likely reduced area mosquitoes.
Local medical care professionals suggested that residents should still remove standing water as a way to protect themselves against any remaining mosquitoes.
Congenital viral infection
Apart from the impact of local flooding, doctors discussed a host of other medical issues.
New York State has been testing newborns, since last fall, for congenital cytomegalovirus, or CMV, which infected mothers can give to their unborn children.
The testing so far has shown that CMV is less prevalent than previous estimates.
The state started the one-year study of the virus to track children who might develop symptoms, such as hearing loss or learning challenges, later on.
“The earlier you identify babies with hearing deficits, the sooner you can act, and there will be fewer ramifications on their intellectual development, as a result of it,” said Dr. Andrew Handel, pediatric infectious diseases expert at Stony Brook Children’s Hospital, and a co-leader, along with Dr. Nachman, of one of the 11 units across the state.
Dr. Sharon Nachman. Courtesy Stony Brook Medicine Facebook page
Earlier medical sources estimated that the infection rate for newborns was about one in 200 babies. But, with about 300 newborns testing positive, the rate is closer to one in 325.
The percentage of symptomatic babies is tracking with previous expectations, at around 10 percent. Symptoms of congenital CMV at birth include hearing loss, jaundice, low birth weight, seizures and retinitis.
“Our numbers are matching up with the 90 percent” of those who have the virus, but are asymptomatic, Handel added.
“That’s why we feel screening is so important.”
For the asymptomatic newborns, about 10 percent will develop permanent hearing loss, which is why doctors are tracking them so closely.
The virus, which is a relative of the Epstein Barr virus, which causes mononucleosis, is spread through direct contact with body fluids, such as tears, saliva or urine. Over half of all adults have had a CMV infection, with some studies estimating the rate as high as 80 percent.
Adults can shed the virus for a few weeks after contracting it, while children can shed it for a few months.
While all newborns will receive CMV screening after birth, parents have five days to opt out of any link to a report of the presence of the virus in their children.
At this point, fewer than one percent of parents are opting out of the testing. Some of the parents aren’t interested in the test, others don’t believe it’s useful, while some believe their babies look fine, and don’t want the additional test.
Most parents appreciate the opportunity to gather information about their children’s health. Patients are “grateful the state has this program,” said Dr. Sunil Sood, Systems CMV specialist at Northwell Health.
At Stony Brook and other hospitals, doctors are monitoring those babies who test positive.
The County Department of Health supports the testing, as well.
“Routine screening of newborns for [congenital CMV] will help identify affected infants early on so they can receive appropriate follow-up and treatment,” Cynthia Friedman, Director of Public Health Suffolk County Department of Health Services, explained in an email.
“Infants who screen positive … should be followed closely by their pediatricians and referred to specialists as needed to ensure early detection of problems with hearing, vision or development so that appropriate care and support can be implemented.”
Once the funding for the testing runs out, which will be around October, hospitals around the state will no longer perform the test.
Parents can ask for a urine test, which doctors estimate could cost between $50 and $100, but which insurance, likely, won’t pay for — especially if the child is asymptomatic.
Legislators, including Assemblymember Linda Rosenthal (D-NYC) plan to introduce a bill in January that would fund tests, in future years.
“We would advocate that that become a permanent part of infant testing,” said Sood. “There are diseases that are far less common than CMV that have made it into the newborn testing programs.”
Immunization
Amid pushes by some pharmacies to encourage people to get flu shots, health care experts suggest waiting until closer to late September, or early October, for the inoculation.
“Vaccine efficacy is about three to four months,” said Nachman. “If you get it in August, when the flu season hits in January, you may not have much protection.”
The Centers for Disease Control and Prevention recommends similar timing, around September or October.
At the same time, Nachman expects a new batch of Covid vaccines will be available around September.
She recommends getting both shots at the same time, which increases both vaccines’ effectiveness.
Pharmaceutical giant, Pfizer, and BioNTech, recently reported that a single combined shot for Covid and flu was not effective against influenza B, which means that people interested in receiving vaccines this fall should plan to get two shots.
Covid numbers
As for Covid, the current strain has made the rounds this summer.
“Everybody and their neighbor had Covid,” said Nachman, who added that the virus has spread across all ages. Covid was “clearly more infectious than what we had in the spring” and people were sicker for longer.
While the number of infected people has decreased, the start of the fall semester could trigger an increase.
Collapsed Harbor Road, Stony Brook. Emergency vehicles tend to the destroyed house, just down the street. Photo by Toni-Elena Gallo
Severe flooding on W. Meadow Road, Stony Brook. Photo by Toni-Elena Gallo
Stony Brook's elevated water table, on full display, with debris floating in the distance, as a result of the severe flooding, and runoff. Photo by Toni-Elena Gallo
Construction workers standing on the rubble of Harbor Road, just above the emptied Duck Pond, Stony Brook. Photo by Toni-Elena Gallo
A section of the emptied Duck Pond at Avalon Nature Preserve, resulting from the floods. Photo by Toni-Elena Gallo
Harbor road, Stony Brook, blocked off. A collapsed dam stood just beneath the road, to the immediate left of Stony Brook Harbor. Photo by Denis Lynch
A car trapped in a flood, on Main St., Stony Brook, Monday morning. Photo by Denis Lynch
Various shots of the damage, throughout Smithtown, including a water rescue, in the top-right corner. Courtesy Town of Smithtown
A firetruck, struggling through street flooding. Courtesy of the Nesconset Fire Dept.
Flooding in the main lobby of The Brookport apartment complex. Courtesy Rob Gitto
Security footage of Brookport's lobby. The flooding is so severe, that it is up to the mens' ankles. Courtesy Rob Gitto
The rain filling up The Brookport lobby area, in a current of water. Courtesy Rob Gitto
The treadmills, located in the Brookport gym, in murky water. Courtesy Rob Gitto
Construction workers assessing the damage of Harbor Road and the empty Mill Pond. Photo by Toni-Elena Gallo
Harbor Road, Stony Brook Village. Photo by Toni-Elena Gallo
A cross section of Rocky Point. Hagerman Landing Rd., shown here, was hit hard by the storm, said Ed Romaine. A mudslide effected cars, and the roads. Courtesy Google Maps
James Burke and Andie Fortier at Port Jefferson Farmers Market this past spring. Photo courtesy Burke and Fortier
By Lynn Hallarman
Here’s why supporting Long Island food producers is more important than ever.
It is a Sunday morning in July, about 5 a.m., and the birds are quiet. Andie Fortier and James Burke are loading their truck with a bounty of vegetables they harvested the day before. The drive from their 3-acre farm in Amagansett to the Village of Port Jefferson is about an hour fifteen this time of day. The weather is iffy, but Andie knows the regulars will show up, making the trip worthwhile.
Packed up, Andie hops in the truck and heads to the market. James stays behind on the farm because there is too much work for both of them to spend a whole day selling.
By the time Andie arrives at Harborfront Park around 7:15 a.m., several vendors in vans are already lined up along the circular drive at the park’s entrance, taking turns unloading their goods. Some are busy setting up plywood tables on stacks of crates, hanging signs or filling buckets with water for flowers. Others are grabbing a quick cup of coffee, breakfast or helping another seller set up their tent. Andie’s mother and a friend are there, waiting on a designated grassy spot overlooking the harbor to help with the setup. Later, when the market starts, they will pitch in to serve customers while Andie keeps the stand piled with fresh fare from the July harvest.
Fortier and Burke feel lucky to have landed a spot at Port Jefferson Farmers Market in 2020. On the South Fork where they work their 3 acres, getting into a market can take years. For their small startup, Sand & Soil, now in its fifth year, competing with roadside farm stands and established growers with a large, loyal customer base can be challenging — sometimes even impossible.
Vital part of community life
Eighteen years ago, Port Jefferson Farmers Market was established by the Economic Development Council under former Mayor Margot Garant. Since then, it has become a vital part of the village’s community life, now featuring around 42 vendors. These include three vegetable farmers, flower farmers, a herb farmer, honey producers, a cheese maker, meat and fish vendors along with a host of local food artisans. To qualify as a vendor, all items must be grown, gathered or processed on Long Island.
Port Jefferson village tapped into a growing trend of using farmers markets to strengthen ties between residents, agricultural communities and local businesses. Nationally, the number of registered markets in the USDA Farmers Market Directory, has risen from 2,000 in 1994 to 8,600 today. Farmers markets are increasingly used as a strategy to create walkable community hubs for all ages, bring fresh produce into urban environments and draw people to local business centers.
Sand and Soil farm stand at Port Jefferson farmers market. Photo by Lynn Hallarman
New farmers
Sand & Soil’s success at the Port Jeff market highlights the promise of the Farms for the Future Program, launched by the Peconic Land Trust in 2009. This program provides affordable land leases and technical support to new farmers, with the goal of creating the next generation of Long Island farmers.
“Fortier and Burke started farming with 1 acre as part of our incubator program. They are our superstars on the South Fork,” said Dan Heston, director of agricultural programs at the trust and leader of Farms for the Future.
According to Heston, farmers markets are the best way for new farmers who can’t afford their own land to get their footing in the Island’s grower community. These markets allow them to build a loyal customer base, with people returning weekly to fill a bag with freshly harvested vegetables.
However, Heston explained that the quality of farmers markets can vary significantly.
“Some of them are a whole lot better than others,” he said.
Most importantly, he added, “Farmers markets have to have farmers.”
Connecting with the farming community
Fortier and Burke remain loyal to the Port Jeff market even though they also sell at Springs Market in East Hampton and the Montauk Farmers Market. For one thing, they grew up in Port Jefferson where the parents of both of them still live, keeping connected to the community. However, the main reason they stay is the atmosphere of the market.
“People out where we live are always questioning why we still bother to drive to Port Jeff, but this is our best market — we love the comradery with other vendors and the customers are enthusiastic. They want to learn about our organic farming technique,” Burke said.
Ask any regular why they come back to the market week after week, they usually mention the relationships they’ve built with specific vendors.
“It is part of our Sunday routine,” Susan Raynock from Rocky Point said. “We go to church, get coffee and then walk around the market.” Sometimes, Raynock and her friends will have lunch in the village afterward.
Fortier and Burke are happy to answer questions from customers about their products. They want people to know that everything they see on the stand has been grown on their property and picked by them, usually the day before the market.
Melissa Dunstatter, the market’s longtime manager and herself a vendor, sees the farmers market as an incubator for local businesses. She points to several food entrepreneurs in the area that got their start in the Port Jefferson Farmers Market.
“Without the market … our businesses would struggle to be successful,” she said. “It brings people together every week, they look forward to it. And they’re eating better.”
Brookhaven Town Supervisor Daniel J. Panico declared a state of emergency at 8 a.m. on Aug. 19, due to severe rain in the Town of Brookhaven. Damage was especially severe on the North Shore, which experienced significant flooding.
The North Shore communities of the Town of Brookhaven were particularly hard-hit by the storm, which brought heavy rain, strong winds and flooding. Residents are urged to report storm-related issues by calling 631-451-TOWN (8696). For emergencies, dial 911. To report power outages or downed wires, contact PSEG at 800-490-0075 or visit www.psegliny.com.
To ensure accurate documentation of Brookhaven’s damages for potential federal, state and county funding, residents should complete Suffolk County’s online submission form, available on the Town’s website at www.brookhavenny.gov.
For ongoing updates on the storm, emergency contact information and additional resources, please visit the Town’s website.
The crew of 'Go Bananas,' Jason Dank and Ryan Matheson. Photo by Lynn Hallarman
By Lynn Hallarman
The reigning champion boat, Go Bananas, crewed by Jason Dank and Ryan Matheson, was soundly defeated by Doug Santo and Chris Voorhis in their seaworthy vessel, Yacht Rock, during the 13th annual Sikaflex “Quick & Dirty” Boat Build Competition held on Sunday, Aug. 11, at Harborfront Park in Port Jefferson.
After the race, the organization held a raffle drawing for a 12-foot fiddlehead double paddle canoe, custom-built by volunteers. Port Jeff resident Margaret Mansone was the big winner of the hand-built canoe raffle.
This year, six boats competed for the top spot mixed with confidence and trepidation, facing old rivals and hungry newcomers.
“We had a lot to prove,” Santo said in a post-race interview with TBR News Media.
The Long Island Seaport and Eco Center, based at the Bayles Boat Shop at Harborfront Park, hosts the race annually as part of a fundraiser to support its community-based educational activities.
The boat-building competition required teams to design and build a small boat within a five-hour time limit using only materials supplied by LISEC. Teams raced against the clock on Saturday, Aug. 10, to finish seaworthy ships in preparation for Sunday’s race.
Doug Santo and Chris Voorhis with their seaworthy vessel, ‘Yacht Rock.’ Photo by Lynn Hallarman
Prior to the race, judges Mayor Lauren Sheprow, former village trustee Rebecca Kassay, (now Democratic candidate for the state Assembly District 4,) and mother-son team Donna and Michael Antignano scored boat designs based on five criteria: uniqueness, neatness, construction, creative paint design and paddle design.
“We have learned from our past mistakes,” said Peter Charalambous, the captain of Winner II. As the 2019 champions, Charalambous and his fiancée, Sunny, have refined their building technique as they prepared for this year’s event to recapture their past glory.
Sadly, Winner II took on water and sank yards before the finish line.
Capsizing the start line, The Joey Z’s, was manned by Brian Tierney and Joe McNaughton, who “have no regrets.”
Heads held high, Mike DeMacia and Lyle Ross — crew of The Candy — gave it their all to the finish well behind the leaders.
Redeemed, Go Bananas was named the winner for best boat design, sharing top prize with Ken Callirgos and Matt Deveau, of The Wall, a paddleboard-style vessel. While some questioned whether a paddleboard qualifies as a boat, the United States Coast Guard recognizes it as such.
Go Bananas, Yacht Rock and The Wall raced in calm seas with precision and determination. In a surge of strength, Yacht Rock pulled ahead in the final seconds of a close contest for the win as the crowd’s roar reached a fevered pitch.
Port Jefferson Free Library, where the meeting was held. File photo
By Peter Sloniewsky
Port Jefferson Civic Association met Monday, Aug. 12, to discuss the flooding issue in the area, specifically regarding ongoing projects undertaken by the United States Geological Survey, and, also, by Campani and Schwarting Architects.
First, Kristina Masterson, supervisory hydrologist for the Water Resources Integrated Modeling and Analysis Section in the New York Water Science Center, presented an ongoing study run by the USGS that will help to accurately model floods in the Port Jefferson area.
Kristina Masterson. Courtesy USGS.gov
The study, titled “Assessment of compound flood risk from the combined effects of sea level rise on storm surge, tidal and groundwater flooding, and stormwater,” specifically examines compound floods. Locally, there are a variety of flood drivers such as the harbor, stormwater runoff from the underlying 2-square-mile watershed and the area’s high groundwater table.
The project will be in two phases. Phase one, set to be completed in this fall, is described as a “spatial analysis of vulnerability to flooding associated with individual and co-occurring flood drivers.” The conclusion of this phase will be an online interactive map which will allow users to check which relevant factors are most pertinent to flooding in any subsection of the mapped area.
In the second phase, planned for a completion date in winter 2025, USGS will create a “compound flood modeling framework” that will help researchers to better simulate the effects of flooding not only in Port Jefferson, but also in other areas which have been mapped in a similar way. With a more generalized compound flooding model, Masterson expressed hope that scientists and policymakers could better plan infrastructure around simulated flood patterns.
This USGS study is a part of the Long Island Sound Study, which was established in 1985 by Congress to focus on water quality. Since then, it has transformed largely into a focused effort toward resiliency. The current study is funded through the Sustainable and Resilient Communities Work Group, representing a state/federal partnership. USGS is nonregulatory, and the data gathered throughout this project will be publicly accessible after its publication.
The second project, presented by Michael Schwarting and Frances Campani, involved modeling the “steep streets” of Port Jefferson which converge on the harbor to better map out the placement of future damage-mitigation infrastructure projects.
The meeting concluded with a question-and-answer segment. One major theme was concerns about the pragmatism of both projects, asking why money was not spent on infrastructure directly.
Masterson explained, “Our study was funded by the Long Island Sound Study and the EPA. We have to follow through with the purview of the study. Second, we’re not design engineers. We’re trying to introduce foundational work, so that folks will be able to take a look at, and better understand, what the flood risks are, in their respective locations.”
Port Jefferson Mayor Lauren Sheprow clarified at the meeting that the village has grants from both FEMA and the county, and is already in contact with engineering firms to work toward more directly pragmatic endeavors.
The civic association’s next meeting will be held Sept. 9 at the Port Jefferson Free Library.
Long Island prides itself on its beautiful weather — but, more specifically — on its gorgeous summers.
That is why this past weekend, Port Jeff locals and visitors were asked: “What do you like to do during the summertime on Long Island?
Photos by Ava Himmelsbach
Carolyn and Julie
Many Long Island residents thrive in the summer weather and enjoy spending time outdoors when the sun is out. Julie highlighted her relaxing visits to the local beaches: “We just got a parking permit for the beach, so we go on the beach, drive on the beach, that’s fun.” She, also, noted her enjoyment of going fishing and eating out.
“She’s from Florida,” Julie added with regard to Carolyn, who replied, “I used to live here!”
Amanda, Michelle, Kaitlyn and their children
“My favorite thing to do in the summer is go to the Shirley Beach splash pad with the toddlers,” Michelle said.
She loves that spot due to its free admission combined with the opportunity of play time outside for her children.
“Going to the ocean, [especially] Smith Point,” Kaitlyn added. She mentioned that she enjoys the beaches, closer to home, as well. “My favorite thing is to go to the parks around us,” Amanda stated.
Gallya (right,) and her friends, Sima and Sandra
Gallya, a Long Island resident, was joined by her visiting friends Sima and Sandra, who had just arrived on the Island that day.
“Walking through Port Jefferson, it’s such a great little village,” Gallya noted. “I like to go on the fishing boat, I like to go eat ice cream at the shack, I like to bring my closest friends that come from different parts of the world — presumably in reference to her friends Sima and Sandra — to share the beauty of this part of America.” Port Jefferson is undoubtedly a favorite for locals and visitors alike in the summertime. “I like to go to the restaurants in town, the meditation center and all the little boutique shops. I love to walk on the waterfront where they do sailing and rowing,” Gallya added.
As for the rest of Long Island, she enjoys visiting the wineries and farms out east, as well as hiking at Avalon Park.
Anne and Zoey
“The beach!” Zoey said when asked about summer activities. “Yes, the beach. We love to go to West Meadow Beach with the grandchildren while they’re here. Anything fun for kids to do, like Rocketship Park,” Anne added, in regard to the location of the interview.
Zoey and Anne agreed that Kilwins, in Port Jefferson, is a fun spot to grab ice cream. “There’s a wonderful park up near Ward Melville [High School], I think it’s Washington Avenue Park,” Anne continued. “We love going there.”
“Also, the library, Emma Clark Library [in Setauket,]” Zoey concluded.
“We spent a lot of time there yesterday. It’s amazing how much energy you can spend in a library with two kids.”
Political banner on the balcony of the Frigate ice cream and confection store. Photo by Lynn Hallarman
By Lynn Hallarman
A lawsuit upheld in 2022 a local business owner’s right to display a political banner, and now raises questions about municipal control over sign safety and aesthetics. The same sign, “In Trump We Trust,” is back up again.
In 2013, then Port Jefferson Village Mayor Margot Garant knew she had a problem — a proliferation of cheaply made signs cluttering the village’s visual look. Some signs were made of flimsy plastic, pressboard or haphazardly tacked up to storefronts. Some were waving in the breeze, at risk of flying off a facade or airlifting skyward off a property lawn. Others were just unsightly.
Garant and the trustees decided to revise the village code to help business owners have more choices as a first step to cleaning up junky and unsafe signs.
‘We had many work sessions to improve the code and make businesses feel like they had options,” Garant said. “Uptown was a sign disaster, but we made progress cleaning up storefronts in line with the village’s character overall.”
Garant found the sign issue perennial and hard to keep up with. New businesses were easier to manage, but for some older establishments compliance with sign rules felt like government overreach. A few businesses ignored the permitting process altogether or accepted a fine as the price of doing business, according to Garant.
Then, in 2020, George Wallis, from Nissequogue, and the decades-long owner of the property housing the Frigate ice cream/confectionary store and The Steam Room restaurant in the village, used the location to express his support for former President Donald Trump (R).
Wallis hung an oversized banner containing a political statement off the second-story balcony of the Frigate, a prominent spot at the bustling intersection of East Broadway and Main Street. The building is directly across from the Bridgeport & Port Jefferson Ferry terminal, making the display hard to miss.
From the perspective of village officials, the banner violated several village sign requirements and Wallis did not apply for a permit.
For one thing, the banner has Goliath-size proportions relative to the dimensions of the two-story Lilliputian-style building. Banners affixed to buildings are not allowed per the code and the pliable plastic material used does not comport with the aesthetic standards of the code. Village officials also worried that the oversized banner, strung across the building’s second-floor balcony, was a driving distraction, as it faces west directly into a three-way intersection — with pedestrians, oftentimes, dashing across the road. Officials wanted it taken down.
Wallis had wrestled previously with the village government over an unpermitted political sign and had it taken down, but this time he refused to budge.
So the village escalated the situation to a legal remedy in the courts in hopes that he would back down, according to Garant. Wallis, instead, hired a lawyer and fought the charges leveraged against his business entities.
But in several interviews for this story with Garant and current Mayor Lauren Sheprow, opinions from municipal legal experts and a review of publicly available documents suggest that the legal battle, which Wallis won using a free-speech argument, has hamstrung the village’s ability to enforce its sign code and established a legal precedent allowing any person or business to erect a prohibited sign if the content is political.
The legal complaint
A series of legal briefs filed in 2020 and 2021 by then deputy village attorney Richard Harris, for the Village of Port Jefferson, accused several business entities owned by Wallis of violating local sign ordinances. According to documents reviewed by TBR News Media, these entities allegedly failed to apply for permits and displayed signs of prohibited type, size and material.
The briefs detail the hanging of two signs in different time frames containing political speech: “In Trump We Trust” and “Impeach Cuomo,” referring to the then New York governor. The charges did not pertain to the banners’ political content, which is protected under the First Amendment’s right to free speech.
Still, Wallis’ attorneys claimed the alleged accusations violated his right to free speech and requested dismissal of the case.
Harris argued, in a nutshell, that Wallis needed to follow the village sign code like everyone else.
In July 2022, the Honorable Tara Higgins, judge of the village Justice Court, ruled in favor of Wallis, stating that the village’s arguments defending sign ordinances regarding aesthetics, safety and permitting were “unconvincing.”
Village withdraws legal appeal
Harris submitted a legal appeal, reviewed by TBR News Media, to the Appellate Term of the New York Supreme Court arguing that the judge’s arguments were poorly reasoned and ignored legal precedent regarding a municipality’s ability to govern signs.
According to the New York State Division of Local Government Services, local governments may impose reasonable “time, place and manner” restrictions on speech to set forth the circumstances under which signs may be displayed. Obscene content is not allowed.
“All I can say is that based on the United States Supreme Court precedent, the village can enforce its code against the sign like that,” Mark Cuthbertson, lawyer and municipal legal expert, told TBR in a phone interview.
He added, “If that’s the village’s policy going forward, based on this legal decision, someone can put up a huge Kamala Harris banner wherever [and however] they want.” He noted that other municipalities may face similar challenges to their sign code rules based on this new legal precedent, which seems to allow political signs to bypass municipal sign ordinances.
The Sheprow administration subsequently withdrew the village appeal, stating that it “wanted a fresh start” and planned to take “steps against any sign code violations” regardless of the sign’s content.
Reactions from the public
TBR spoke with several patrons on the weekend of July 20-21 near the Frigate to gauge their opinions on the newly-placed banner with the same political message that was displayed in 2020.
Most expressed approval using descriptors such as “delighted,” “ecstatic” and “in favor.” One woman thanked me for reminding her to take a picture of the banner for her Facebook page. She loved the sign.
The general sentiment among those surveyed was that the banner represented an expression of free speech and that the village needed to “chill out,” as one supporter put it. Others noted that the village seemed to be enforcing its sign code selectively, singling out the Frigate for sanctions while similar style banners are hung undisturbed throughout downtown Port Jeff. In 2020 press reports, Wallis surrogates had voiced this belief of selective enforcement, suggesting that the village’s actions were driven solely by the banner’s political message.
Wallis has consistently declined to speak with the press. TBR did not receive a response, either, from the Frigate’s store manager for comment.
During a casual stroll around the village, this reporter identified about seven prohibited banners across various businesses, though these banners contained nonpolitical messages.
Most of the complaints about the current Frigate banner are directed to the village Town Hall or The Greater Port Jefferson Chamber of Commerce, according to Sheprow. These complaints primarily concern the political content, accusing the village of allowing it to remain. However, the village never had or wanted control over the political content, even before Wallis’ victory in court.
“The village is nonpartisan,” Sheprow said. “The village would never enter into an endorsement situation or sanction the political speech of any candidate.”
As of writing, village officials have moved to cite all businesses, many for the first time, which are displaying code-prohibited banner-type signs.
“Personal notifications went out today, including to Mr. Wallis’ business entities,” Sheprow said.
Many prohibited banners have already been removed to date. As at press time, the Frigate banner was still hanging from the building.