Skip to main content

Stories from

Mark Ryan

By Howard B. Owens

Mark Ryan, 65, a partner in the Washington office of the Mayer Brown law firm and a leader in its global antitrust and competition practice, died Nov. 30 at a medical center in Lewes, Del. The cause was complications following heart surgery, said Stacey Berkowitz, a spokeswoman for the law firm.

Mr. Ryan, a resident of Chevy Chase, Md., was born in Batavia, N.Y. In 1981 he joined the legal staff of Mayer Brown’s Washington office, where he later became managing partner. From 2012 until 2015, he was director of litigation for the Justice Department’s Antitrust Division, then returned to the firm. He was a coach of boys and girls athletic teams at the Shrine of the Most Blessed Sacrament in Washington. (Source: Washington Post)

Accident reported at Lewiston and West Main

By Howard B. Owens

A motor-vehicle accident is reported at Lewiston Road and West Main Street, Batavia.

Town of Batavia fire and State Police are on scene.

Mercy EMS dispatched.

At least two vehicles involved and traffic is blocked.

Photo: Geese on the Tonawanda

By Howard B. Owens

Chris Crocker submitted this photo taken on South Main Street in Batavia of geese lounging on the Tonawanda Creek.

Officials plead with residents: Save lives, protect local businesses, slow the spread of COVID-19

By Howard B. Owens

In a Zoom press conference with reporters from throughout the region this morning, Genesee County officials pleaded with residents to try and help bring down the local COVID-19 positivity rate so the state doesn't put us in an Orange Zone, which would mean business closures.

"Our numbers are still," said County Manager Matt Landers. "They're rising to an unacceptable level, and it is very concerning to myself, to Legislative Chair (Shelly) Stein and Paul (Pettit, public health director), because we know what an Orange and a Red (Zone) does to a community. We know that it will negatively impact our businesses, and that's the last thing we want to see."

The seven-day rolling positivity rate for Genesee County is 9.2 percent. The 14-day rate is 8.3. That puts the county dangerously close to another lockdown order.

Landers noted that local residents, when going to bars, restaurants and local retail establishments they are doing a good job of following CDC guidelines: keeping their distance and wearing masks as directed. However, most of the local positivity rate is being driven by social gatherings on private property.

The contact tracing health workers do when a new positive case is identified is revealing a strong trend, Pettit said. People are going to private gatherings and getting infected. The secondary trend more prevalent recently is people coming home and infecting another member of the household.

"There's a lot of effort, a lot of communication going out, but ultimately, we need people to know, it comes down to choices and what people choose to do," Pettit said. "And, you know, we're asking folks to choose to try to minimize, and really from our perspective, do not get involved or not go to any nonessential gatherings that you don't have to."

Stein also asked people to be more cautious in the choices they make.

"Unfortunately, we have to step up our vigilance even more, cautious as the temptation is for gatherings, as it becomes stronger during Christmas and New Year's right around the corner," Stein said. "We cannot relax our social distancing to have our normal gatherings. At the same time, I don't want to be sending mixed messages, but Christmas and the holidays are important for our local businesses who are already suffering. Please, please take the proper precautions as you go about your shopping, practice, safety protocols, shop online locally if possible, be mindful of every action that you take."

There is light at the end of the tunnel, Petit noted. One COVID-19 vaccine has arrived and another is nearing approval for distribution. Even so, it will take months to get enough people vaccinated to make a difference. In the meantime, the message remains the same: follow the guidelines.

As local media reports the rising number of COVID-19 cases, there are still people on social media who try to downplay the critical nature of the current surge of identified coronavirus cases.

We asked Pettit about some of these common myths and misconceptions. 

What about the flu? How come we never hear about the flu?

"The flu is obviously a concern, right? I mean, we have flu season every year," Pettit said. "Flu is different than COVID. They're not the same thing. There's a lot of comments and conversation around there that it's just the flu or they're not reporting flu numbers. We've had a very comprehensive flu tracking system for a long time. Flu is starting to pick up. People can go on the state's Department of Health website and actually look and see a number of confirmed flu cases all across the state.

"We do have flu cases locally. It's not widespread yet, so obviously every year we get a declaration from the commissioner of health at some point when flu is pervasive and widespread through New York State, and that's the official start of flu season."

Pettit also noted that just like there are some people with COVID-19 who don't get tested, it's common for people with the flu not to get tested so you can't really compare COVID cases, which is more frequently confirmed during this pandemic, than flu cases.

What about the false positives?

"I can tell you that all of our positives we report in Genessee and Orleans county are positive for the case that there's a confirmed lab test that shows they're positive," Pettit said. "When you look at the tests that are being done for confirmation purposes. Again, the PCR test is a lab-based molecular test, the sensitivity, and the specificity. So that confirmed positive. ... We're pretty comfortable and confident that our positive cases are positive cases. 

"There is a chance of more false negatives with some of these rapid tests particularly. They're not quite as good, but most of them are around 93 to 95 percent accurate on the negative side."

Aren't other diseases are getting reported as COVID-19 positive case?

"We're not mixing up diseases," Pettit said. "We're not reporting flu as COVID. They're completely different viruses. There are different tests that detect the virus. So there really is no mix-up. I mean, we're specifically testing for specific diseases."

There are only 220 active cases in a population of 57,000. Aren't we overreacting?

"The big deal is, and again, I'm gonna go back to what I talked about earlier, the hospitalization rates in our most vulnerable folks to go with a high positivity rate. The big deal is we don't want to see anybody die if we don't have to -- if we can prevent it. ... If you look at positivity in cases, the viral load in our community, the better chance we can have of not impacting one of these folks that may be higher at risk.

"The more positives we have in our community, the more activity, the number of active cases that just tells us it's a snapshot of look under the hood, that we have a lot of transmission going on and that transmission's based on behavior. Sometimes we can't pick and choose who gets exposed to that. Ultimately, the goal is to try to get that lower. We want to see less active cases. We want to see a lower positivity rate."

There are COVID-19 patients from Rochester at UMMC. Isn't that contributing to our higher numbers?

Pettit said it's true that there are Monroe County residents being treated at UMMC. There are also Genesee County patients being treated in Monroe County. The 24 people currently listed as hospitalized are Genesee County residents, regardless of where they are currently located and no Monroe County residents are included in that number.

What about Batavia Downs? Why is it open? 

"When it comes to businesses, again, we're following the state's guidelines on who can be open and when they can be open and what capacity they can be open at," Pettit said. "Obviously, when you get into different zones or reductions of different sizes and gatherings, essential nonessential services. Ultimately, when it comes to any of these types of areas, the most important things people look at are their risk, their potential exposure, and how COVID may play out for them personally. But any of the businesses that are open currently are operating at whatever the governor in the state has deemed appropriate and safe for them to operate. 

"Ultimately there's risk wherever we're going out, which is why it's important to continue to remember, to mask in the distance and stay home if you're sick. So ultimately, we're not dictating locally what businesses are open or closed. It's all done through the state guidelines. And that's been that way since last spring."

And we asked Pettit address the oft-repeated phrase: "Don't live in fear."

"I don't think we should live in fear," Pettit said. "I've never been a proponent of living in fear, but I do believe we need to have respect. It's about respecting the virus. It's about respecting what the virus can do to not only us, but our loved ones and those in our community. And it's about respecting each other. And ultimately, as we've said many times, we are in this together, whether we like it or not. We are in this as a community and we need to respect each other's feelings and positions on things and ultimately do our best to come together during this time to get us through the finish line."

Video: First vaccine shots for UMMC staff

By Howard B. Owens

Yesterday, the first members of UMMC's staff received the COVID-19 vaccine.

The video was shot by Rochester Regional Health staff and edited by Howard Owens.

Le Roy's girls swimming team opens with victory over Notre Dame

By Howard B. Owens

Le Roy's varsity girls swimming team hosted Notre Dame for their season and home opener on Thursday, winning 102-74.

Highlights:

  • Natalee Shepard, 100 Freestyle 101.65
  • Peyton Koukides, 100 Breaststroke 1:20.62
  • Shepard & Koukides were on the 200 M & 400 Freestyle winning relays

Information and photos by Tim McArdle

With 48 positive test, Genesee County reaches 220 active COVID cases

By Howard B. Owens

Press release:

  • Genesee County received 48 new positive cases of COVID-19.
    • The new positive cases reside in Alabama, Alexander, Batavia, Bergen, Bethany, Byron, Darien, Elba, Le Roy, Oakfield and Pavilion.
    • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s, 70s, 80s and 90s.
    • Twenty-seven of the previous positive individuals have recovered and have been removed from the isolation list.
    • Twenty-four of the positive individuals are hospitalized.
    • Two of the new positive cases are residents at Le Roy Village Green Residential Healthcare Facility.
  • Orleans County received 38 new positive cases of COVID-19.
    • The new positive cases reside in Albion, Barre, Carlton, Clarendon, Murray, Ridgeway, Shelby and Yates.
    • The individuals are in their 0-19s, 20s, 30s, 40s, 50s, 60s and 80s.
    • Eight of the individuals were on mandatory quarantine prior to testing positive.
    • Twelve of the previous positive individuals have recovered and have been removed from the isolation list.
    • Two of the current positive individuals are hospitalized.
    • One of the new positives counted on 12/16/20 was determined not to be an Orleans County resident and has been deleted from our total numbers
    • We are saddened to report the COVID-related death of one of a community resident. The individual was over 65 years old. We will not be releasing any further information to protect the privacy of the individual and their family. Our deepest condolences go out to the family and friends of this individual during this very difficult time.

Batavia residents organize 'Bob's Christmas Car Day' for Sunday

By Howard B. Owens

Sunday is the inaugural "Bob's Christmas Car Day" created in honor of Bob Zeagler, who used to decorate his Jeep Wrangler in different themes for each holiday throughout the year with a special effort for Christmas. 

The event is being organized on Facebook by a group of local residents.

Zeagler died in November 2016.

Residents are encouraged to decorate their car in a "Bob-inspired" way and drive around Batavia starting at 4 p.m. For those who want to be part of a group of cars, there will be a starting point at Ficarella's Pizzeria on Liberty Street in Batavia. It appears some of the details, such as routes, are still being worked out. Check the Facebook group for more information and updates.

Photo by Steve Ognibene.

Accident reported in Pavilion

By Howard B. Owens

A two-vehicle accident is reported at South Lake Road and Telephone in Pavilion.

The accident is blocking and injuries are reported.

Pavilion fire is responding. Pavilion requests a Le Roy ambulance emergency, an ALS ambulance emergency, and a BLS ambulance, nonemergency (ALS: advanced life support; BLS: basic life support).

UPDATE 7:33 p.m.: There are a total of four ambulances responding.

UPDATE 7:33 p.m.: There is no entrapment.

Fully involved garage fire is reported on Main Road, Pembroke

By Howard B. Owens

A fully involved garage fire is reported at 590 Main Road, Pembroke.

The detached garage is about 50 feet from the residence and has multiple cars in it. 

The residence has been evacuated of people and pets.

Pembroke fire, Indian Falls fire, and the City's fast team dispatched.

UPDATE 5:38 a.m.: A second alarm requested. Alabama fire, Town of Batavia fire, Corfu fire, Darien fire, requested to the scene. Route 5 is being closed between the county line and just east of the Pembroke Fire Hall. 

UPDATE 5:47 a.m.: Firefighters have two lines on the garage and the fire is knocked down. The house was not involved though some vinyl melted. Alabama is being diverted from the fire to a fill in at Indian Falls Fire Hall.

UPDATE 5:53 a.m.: State Department of Transportation requested to standby. The road will need to be salted after the fire response is completed.

UPDATE 5:54 a.m.: The garage is all metal. "We're going to need to pull it apart to get it out," a chief reports. The house is fine and "all cooled down." Minimal damage to one vinyl window. 

UPDATE 5:58 a.m.: Town Highway is responding in about 45 minutes for the icy road. "Perfect timing," a chief responds.

UPDATE 6 a.m.: Alabama did have a tanker responding to the scene. It can go back in service. Darien fire can go back in service.

UPDATE 6:15 a.m.: Town of Batavia and City Fire Engine 11 can go back in service.

UPDATE 7:22 a.m.: East Pembroke is back in service.

Photos: Drive thru Country Christmas at WNY Gas & Steam Engine grounds

By Howard B. Owens

The Western New York Gas & Steam Association held a drive thru County Christmas Light Display, along with a drive-thru food court last night at their property in Alexander.

Saturday night was packed with vehicles -- socially distanced of course -- wending their way through the displays.

This will be also held this coming Friday and Saturday, too, Dec. 18 and 19, from 5 to 9 p.m. both nights. Admission is $10 a vehicle.

Expect to take a half-mile ride through their grounds and enjoy thousands of Christmas lights and unique/ amazing displays.

And purchase some carnival-type food that you may have missed this summer. How does Italian sausage, Philly cheesesteaks, French fries, funnel cakes, deep-fried cookies, and cotton candy sound? Only naming a few there will be much more -- all served drive thru!

It's a COVID-19 friendly fundraiser for WNY Gas & Steam Engine Association -- maybe the start of a new holiday tradition.

Enter at 3000 Walker Road, Alexander, just off Route 20.

For more details visit www.alexandersteamshow.com.

Three-car accident reported on West Main at Wortendyke, Batavia

By Howard B. Owens

A three-vehicle accident, unknown injuries, is reported at West Main Street and Wortendyke Road, Batavia.

East Pembroke fire and Mercy EMS responding.

A deputy just arriving on scene reports a large debris field.

UPDATE (By Billie) 11:42 a.m.: This accident involved a car and a pickup truck. The third vehicle referred to initially was that of a witness to the accident. An older female driver was making a left onto Wortendyke from West Main Street Road and said she did not see the oncoming pickup truck. She was shaken up by the collision and being evaluated by medics at the scene. The pickup driver was not injured. The East Pembroke assignment is back in service.

Frank discussion among stakeholder group includes calls for personal connections, addressing implicit bias

By Howard B. Owens

There isn't much to change in Batavia PD policy, members of Batavia Police Stakeholders Group indicated at their bimonthly meeting on Thursday but that doesn't mean there shouldn't be a change in the relationship between the department and the community.

There should be more communication, less misunderstanding, and more personal interaction between police officers and members of the Black community so that both police officers and members of the community see each other as people and not just numbers and uniforms.

The stakeholder's group was formed in response to an executive order signed by Gov. Andrew Cuomo instructing every municipality with a police department to open a community dialogue about police policies, procedures and practices in an effort to reduce the incidences of police brutality.

There seems to be unanimous agreement on the committee that police brutality isn't an issue in Batavia. Chief Shawn Heubusch was praised for his presentation of the previous meetings outlining police department policies and procedures that already address proper police officer conduct.

No votes were taken, nothing committed being part of the final report that will go to the governor's office after being approved by the City Council, but there was an apparent agreement that some sort of ongoing focus group that would bring to light the concerns of Black residents about police conduct would be formed.

Committee member Anibal Soler Jr., superintendent of Batavia City Schools, said such a focus, however, needs to be constructed in a way that members of the Black community would feel safe to discuss issues. A police presence in the group might chill speech, he indicated.

Nathan Varland, Batavia Housing Authority director, referenced comments made earlier by Brandon Armstrong, a local business owner, and said perhaps a list of such concerns should be made so they can be addressed. He suggested the wider Black community be surveyed to gather other examples.

What Armstrong discussed was the perception -- if not the practice -- of Black residents being pulled over for minor traffic law infractions.

"We have to look at what's happening to people of color here in Batavia," Armstrong said. "It's not on the surface. There are just things that are used against us. There is a certain law, I think it's obstruction of view, if having something hanging from your rearview mirror. I've been pulled over for that for a Glade air freshener. It is illegal, but are they pulling over every single person who has a handicapped or air freshener thing on their rearview mirror? See, those things are used to target people of color to pull them over, to see what they have going on."

He said he's hearing from people visiting his barbershop that the latest tactic is people not using their signal within 50 feet of making a turn.

"People aren't looking at those but I know because I can ride down the street and within two minutes I can see about four people with something hanging from their rearview mirrors and they're not being pulled over," Armstrong said. "You see what I'm saying?"

In response to comments made early in the discussion by Raelene Christian about police being vilified and attacked, Greg Munroe said people misunderstand the concerns Black citizens have about the police.

"We have to stay on task," Munroe said. "Defunding the police does not mean we're not going to have a police department. It doesn't mean that at all. It's just defunding is a scary word. I understand but it's not. What it means is very simple. There are mental health issues that primarily happen in the Black community. Black people are targeted. It seems like they are targeted because they seem not to be understood. If the defunding, or whatever word you want to use, take that and help the police get more resources on how to deal with different situations, so things like what happens in the country do not happen."

There is a lot of misunderstanding, Victor Thomas said, about what Black concerns are about police.

"I just wanted to touch on what Greg was saying about Blacks being misunderstood," Thomas said. "I think that's a big part of it. The police brutality in Batavia doesn't happen as much as the Black people being misunderstood in Batavia."

Matt Wojtaszczyk, a detective with Batavia PD but on the committee representing the Batavia Police Benevolent Association, told members police officers want to know how to do their jobs better and connect better with community members.

"Whenever someone asks us to do an event, we really try to make an effort to do so," Wojtaszczyk said. "What else can we do? What are some other ideas out there? What else can we do to reach our minority communities? What can we do better? Tell us, because I think we really want to. We truly do."

Thomas's answer was: Get to know people.

"It's really a personal thing that has to happen between the Blacks and the police officers," Thomas said. "The police have to show these Blacks that they're not just a number in Batavia. They're not just a sentence getting ready to get slapped down on a judge's desk and sent up the road for years. The Black community feels that way deeply in Batavia."

It's that kind of distrust, Soler noted, that would make a focus group that included police officers potentially less productive. However, he said, both Blacks and police officers, as well as community members, need to work on themselves as well, educate themselves about each other. He suggested a number of documentaries and books both sides could watch or read.

Both Munroe and Soler noted it was kind of eye-opening to hear Heubusch talk at the first meeting about the arrest process and the fact that when a police officer tells someone they're under arrest, the conversation is over. It's time to comply with the officer's orders.

Munroe said he's had the same conversation with members of the Black community since that meeting and they all the same response he had, that they didn't know that.

"One thing that I learned from the chief was, man, once a police officer tells you those things, game over, you have to comply," Soler said. "Once you're told you are being put under arrest, that's it. Our community doesn't understand it. That's work we've got to do in our community of color. Once the police officer's -- 'I'm now placing you under arrest. You can't go. 'Now, wait a minute. Let's talk about it.' It's already too late. To Raelene's point, then you've got to go to court and go through through the process.

"We don't get taught that. We're taught, you know, 'I'm going to fight. I'm going to keep fighting until I can get my say. Then it becomes that we've put our officers sometimes in these really tough positions. But I just want to make sure that our police officers are really checking their own implicit bias in terms of trying to keep themselves educated, trying to understand some of these stories and narratives."

The topic of implicit bias came up several times during the evening's discussion.

The open dialogue started with Christian raising the issue of police being attacked in recent years. 

"I'm also concerned with minorities and how they're treated as well," Christian said. "I'm also concerned about how everyone is treated as a whole. But who I'm really concerned with a lot of times as our police officers, they're being vilified. They're being shot execution-style. 

In a long opening remark, she added, "The mainstream media doesn't tell you about all the unarmed white men that are shot. It happens. And I'm not saying it's right. And what happened to George Floyd, let me just be clear, was egregious. It was disgusting and despicable. And our police officers, most of them, I would say 99 percent of them agree with what happened to George Floyd was despicable and a disgrace. And Derek Chauvin, the police officer, did that, killed him. And I know he killed him because he did. He deserves to spend the rest of his life in jail and prison period. But I also feel like our police, they're being vilified and our police are being brutalized. Molotov cocktails are being thrown at them. They're being shot at. They're being shot execution-style, and there's no provocation for that. "

Later she added, "There's a broader picture here that, you know, yes, we can address police brutality. Does it happen? Yes. And is it going to continue to happen? Yes."

Her remarks elicited a calm response from several other committee members, among the more pointed from Director of Mental Health Service Lynda Battaglia, "I want to say to that -- this is the entire point of this meeting. It is the entire point of the executive order to end police brutality, so to say. Will it continue? Yes. Is unacceptable. It has to stop."

Munroe said, "This group was put together because of police brutality, period."

After addressing Christian directly, Soler said, "The reality is an implicit bias that many people who don't have a choice of how they look every morning when they wake up (deal with). I think Victor made a good point. Police choose to wear a blue uniform that, you know, historically has been designed to keep order and guidance in a community. Black people just wake up. Unfortunately, their communities are often the most targeted for patrols, for a variety of things to do, commingle with socioeconomic status. And so some of the comments that were made show your implicit bias. You don't really realize it."

W/hen next she had a chance to speak, Christian told Soler she wasn't biased and she took exception to being judged.

Soler apologized.

"I just want to be real quick and apologize again," Soler said. "If you think I was passing judgment, I was just more commenting on the overall feedback that was provided. So I apologize if you think I made a judgment. You're right, I don't know you. I was just trying to comment on this. I want to make sure we're clear that I'm not judging you at all. I just wanted to point out implicit bias is not something you necessarily know you have. That's why it's implicit."

Photos: Stained-glass windows at Batavia First Presbyterian repaired

By Howard B. Owens

Some much-needed stained glass window work is being completed today at Batavia First Presbyterian Church on East Main Street.

Pastor Roula Alkhouri said, "We have been waiting for this repair for over two years. The windows needed repair and so did the sills. In fact, the sills were rotting and needed to be replaced. Every few years, we have to do maintenance repairs on these stained glass windows and there are only a few places that specialize in such work.

"It is a combination of art and maintenance as the repairs need to keep in mind the beauty of the windows. The studio we work with is Pike Stained Glass Studio. They do excellent work."

Photo: Cars roll through Ken Barrett's filled with toys for local children

By Howard B. Owens

City firefighters Ryan Clair and Ryan Whitcomb collect toys from a car at Ken Barrett Chevrolet Cadillac today as part of the annual Salvation Army toy drive sponsored by Ken Barrett and WBTA.

To comply with CDC guidelines related to COVID-19, this year's toy drive was a drive-thru affair. By early afternoon, the beds of multiple pickups had been filled and ready to take to a local hub to prepare the toys for distribution to children in Genesee County.

MLB offers Minor League license agreements to 120 cities but not Batavia

By Howard B. Owens

Major League Baseball Enterprises Inc., a multinational corporation based in New York City, is killing off professional baseball in Batavia.

That's an oversimplification but that is likely the end result.

The New York-Penn League, founded in Batavia in 1939, is breaking apart -- though a smaller independent league may survive -- and since the NY-P owns the Muckdogs, the league in its new form, if it survives at all, won't have the wherewithal to operate a baseball club in Batavia.

Today, MLB announced that its Major League teams have selected their affiliates for the 2021 season and Batavia is not on that list.

Only four NY-P teams are on the list.

Some NY-P teams have chosen to join what will be known as the MLB Draft League. The new league will consist of collegiate players who compete on a limited schedule from May until the All-Star break when the MLB will conduct its annual amateur draft.

For more than a year, MLB and MiLB have been in negotiations over a new operations agreement, with the number of Minor League teams being reduced by at least 40 franchises.  That plan also would have eliminated the Muckdogs as a Major League-affiliated team.

The plan announced today goes a step further by eliminating the MiLB completely. MLB teams will have license agreements (they'll no longer be known as franchises), with each affiliated team and the Minor League system will be operated out of the MLB offices in NYC.

It's unclear if the owners of the 120 teams being offered license agreements will agree to the MLB terms. They just received the proposed contracts today.

Red Wings Gave it Their Best Shot

In 2008, the Genesee County Baseball Club, owner of the Muckdogs at the time, entered into a 10-year operations agreement with Rochester Red Wings. The Red Wings operated the team at a loss for those 10 years but the agreement gave them a 50-percent ownership stake in the team.

In 2018, the NY-P would not allow a new operations agreement and took over ownership of the team with an agreement that would allow the NY-P to recover its operating losses from any eventual sale of the club. The GCBC, a community-owned organization, would receive any money left from the sale that wasn't paid out to the Red Wings or the NY-P.

It is unclear if any of the financial stakeholders in the Muckdogs will be compensated for MLB's apparent unilateral elimination of the team.  

Ben Hayes, commissioner of the NYPL, said he's asked the question directly and hasn't gotten an answer.

Naomi Silver, chief executive officer of the Red Wings, said she also doesn't know whether the Muckdogs owners will be compensated for the loss of the team. 

An attorney who specializes in antitrust and business competition law, Luke Hasskamp, with Bonalaw, based in Los Angeles, said Major League Baseball and Minor League Baseball are both protected by an antitrust exemption that prevents those harmed by MLB's actions from filing an antitrust claim. 

Major League Baseball is a legal monopoly.  

Where to Go from Here?

The legal options for the Muckdogs stakeholders are limited, he said. The last affiliation agreement the Muckdogs had with a Major League team, the Miami Marlins, expired after the unplayed 2020 season, so there may not be a breach-of-contract claim. 

Other legal options don't seem to apply to the Muckdogs, such as claims that the stakeholders made financial commitments and investments based on a promised continued relationship. Since the Muckdogs have been under a cloud of financial hardship -- making them a target for acquisition and relocation -- there are no apparent promises of continued play in Batavia.

The commissioner's office, with its new plan for player development, is not specifically eliminating the Batavia Muckdogs. The lack of an affiliation with a Major League club, however, along with the upheaval in the NY-P caused by the new alignment, makes it impossible to operate the Muckdogs as a professional baseball team, causing its estimated $6 million value to evaporate. 

Asked if the stakeholders could claim the MLB unjustly deprived them of appropriate compensation for making the Muckdogs as a financial asset valueless, Hasskamp compared the idea to eminent domain, but said since MLB is a private organization any such comparison does not legally apply.

"It’s an interesting argument, not one I have thought through much, but it’s challenging, in my opinion, not only because MLB isn’t a public entity because also, as you pointed out, MLB isn’t really taking property," Hasskamp said. "It’s just taking action that will impact the value of others’ businesses. This may be relevant to a party’s damages."

At the end of that email to The Batavian, Kasskamp said, "One other thought: It will be interesting if this stirs any greater interest in Congress to revoke baseball’s antitrust exemption. These contractions are going to impact a number of communities / congressional districts, and more than 100 congressmen noted their displeasure when the contractions were first announced."

Will Schumer Keep Fighting for Batavia?

On a couple of recent visits, we've asked Sen. Charles Schumer, a die-hard baseball fan, if he would pursue legislation to revoke MLB's antitrust exemption. He didn't give a direct answer. He just promised to keep fighting to save teams like the Batavia Muckdogs and Auburn Doubledays.  

This afternoon, we asked a member of his staff for a statement and clarification on Schumer's position on the antitrust exemption and didn't get a response.

Today, in a phone conversation, Hayes offered no hopeful take on the future of the Muckdogs given today's announcement, other than to say there is still much that is unknown about the MLB plan and how Minor League team owners will respond to the license offers.

Silver said the team owners haven't even had a chance to fully review the contracts and discuss the best course of action. She said she's hopeful the Red Wings will be made whole for their losses incurred while operating the Muckdogs.

"We're sad to think there will be no Muckdogs baseball in Batavia," Silver said. "We worked hard for 10 years to try and save the team."

She noted that Batavia is not the only community suffering a loss of a team because of the MLB's decision.

"Batavia is not being singled out," she said.

Tabelski: Games Will be Played at Dwyer

While the prospect of a professional baseball game ever again being played in Batavia seems dim, that doesn't mean there won't be organized baseball played at Dwyer Stadium in the coming years.

Rachael Tabelski, interim city manager, said she has been contacted by representatives from collegiate leagues (often called wooden bat leagues) and semi-pro leagues looking to move into Dwyer. She said the city has yet to respond to those inquiries because there is still a contract in place with the NY-P that gives the league control of what baseball is played in the stadium. Unless and until that contract is resolved, the city can't find a new tenant. 

There will be a tenant in Dwyer again, Tabelski said. 

"As somebody who grew up going to Clippers and Muckdog games, it's very sad to think about losing the team," she said. "I think it's very difficult to look at losing the baseball team we've loved, but there will still be an opportunity for baseball in this town."

And the next team to make Batavia home could very well be called the Muckdogs. The Genesee County Baseball Club has retained the rights to the Muckdogs trademark (it was recently renewed).

Optimism about COVID vaccine pushes gas prices higher despite low demand

By Howard B. Owens

Press release from AAA:

Today’s national average price for a gallon of gasoline is $2.16, up 3 cents from one week ago. One year ago, the price was $2.58. The New York State average is $2.25 – up 2 cents from last week. A year ago, the NYS average was $2.68. AAA Western and Central New York (AAA WCNY) reports the following averages:

  • Batavia -- $2.22 (up 3 cents since last week)
  • Buffalo -- $2.19 (up 2 cents since last week)
  • Ithaca -- $2.24 (up 6 cents since last week)
  • Rochester -- $2.24 (up 3 cents since last week)
  • Rome -- $2.33 (up 3 cents since last week)
  • Syracuse -- $2.19 (up 5 cents since last week)
  • Watertown -- $2.30 (up 2 cents since last week)

The national average price for a gallon of gas has inched up 4 cents in the past month, but it is 42 cents lower than last year at this time. Since mid-November, domestic crude prices have steadily increased topping $45 per barrel, contributing to pump prices rising across the country. Crude prices increased amid growing market optimism that vaccines for the coronavirus will be available in coming weeks, but then oil prices stalled as the number of infections surged domestically.

Going forward, low demand will likely limit price gains, with the latest report from the Energy Information Administration (EIA) showing that demand decreased dropped to its lowest reading since early June. Demand typically drops in the winter driving season, so American drivers should expect gas prices to remain lower when compared to last year’s pump prices, moving into 2021.

From GasBuddy:

"With oil's rally to a new COVID-19 high-water mark, gas prices have begun to follow, even as gasoline demand crumbles to some of the lowest levels in months," said Patrick De Haan, head of petroleum analysis for GasBuddy. "Optimism continues to propel oil markets higher, led by positive news on a COVID-19 vaccine, but should anything change timing wise, we could a reversal, but for now it remains full steam ahead with markets focused on the promise of oil and gasoline demand rising, or the best potential outcome of the situation. Should the hype be overblown, a correction could happen in the weeks or months ahead. For now, motorists may see more volatility in oil markets then we've seen in months."

Authentically Local