The curtains have closed on the windows shades trial — for now. Last month, Chief Judge Dennis Dowd ruled against Jarrett Seltzer over his use of window shades in his West Orange restaurant, fining him nearly $5,000 for violating an ordinance.
“This is not a major issue, but it is an issue, and the township has a right to enforce its laws,” Dowd said. “There was an attempt by the township, and the defendant, to deal with these issues and work them out. Once they decided at some point that wasn’t going to happen, then the township issued the summons, which I believe was totally appropriate.”
“I must admit that there were attempts, and when the attempts failed, these summonses were issued — and I find the defendant guilty,” Dowd continued.
This yearlong feud began last year when Geniece Gary-Adams, the township’s zoning officer, came to Seltzer’s takeout spot Bagels by Jarrett to complain about the window shades on his storefront. Seltzer believed he was being unfairly “targeted,” he said.
“I pointed to another business in the same strip mall that had window shades up,” Seltzer said. “And she said, “Don’t look over there.”
The situation spiraled from there. Two more violations followed. The township rescinded his construction permit to expand his restaurant into the neighboring commercial space. The health department even shut down his charitable turkey drive.
“It appeared that the reason it was being stopped was because of Geniece Gary-Adams — and it felt “retaliatory,” said Seltzer from the stand, dressed in a plain black T-shirt.
Mayor Susan McCartney told News12 that Seltzer “riled up” his community. Perhaps he did. But the trial resonated with many taxpayers. They identified with him at a time they’re being squeezed with increased sewer bills, increased taxes, mercantile licenses, and donations for a new library they never asked for. This case gave them a place to put their frustration.
This hasn’t been an easy road for Seltzer. Known for his his charitable work, Seltzer, who has vowed to appeal the decision, recently launched a fundraiser for himself, claiming that the trial put him in a deep hole financially. Meanwhile, the township attorney Richard Trenk’s law firm came out $14,000 richer for litigating the matter, Patch reported.
One reason Dowd gave for finding Seltzer guilty was that, in his battle with the zoning officer, he didn’t exhaust other avenues available to him, namely the zoning board or the town council.
“You can deal with the township through the zoning official, and get a waver — but when that attempt fails, apply for a variance,” Dowd said. “You can also just go to the town council and say, “We considered this ordinance,” and rewrite it — none of that was done.”
It became clear in Trenk’s cross-examination of Seltzer that the ordinance is still rather confusing. Confusing ordinances need to amended. But there doesn’t seem to be any movement in that direction from Seltzer or the township.
McCartney tried to broker a compromise once before. It might be wise for her to seize an opportunity to prove she can bring warring factions to the table to find common ground, something she has been unable to do with some of her political rivals like environmentalists or the “obstructionists” (her words) on the town council.
The Four Oranges reached out to the mayor twice about whether she would work with Seltzer to amend the ordinance, but she never responded.
However, Trenk did.
“The administration works with all small businesses,” Trenk said. “I am not aware of any proposed legislative changes.”
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