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Press release from the Chris Jacobs campaign:

Beth Parlato pulled an attack ad from the air today after a story published by WNYmedia Network indicated that Parlato faced the possibility of “a hefty fine and/or up to six months in jail” for violating federal laws related to misuse of IRS logos and hiring an actor to portray an IRS official.

“Parlato’s attack ad misses the mark in many ways, but most importantly, the ad prominently features the official IRS logo behind a really bad actor portraying himself as an IRS official. The use of the logo is a direct violation of Federal laws.” (WNYmedia Network, 5/14/20)

According to WNYmedia Network, “Parlato now finds herself facing the possibility of a hefty fine and/or up to six months in jail if the ad is not immediately removed.”

The report cited IRS guidelines that specifically indicate that “Failure to comply with or knowingly violate IRS Design Standards, or using any logo in an unethical way are subject to any of the legal ramifications denoted in IRM 1.17.7.1, Legal Authority.”

Parlato pulled the illegal ad from the air, just two days the Republicans chairs in the 27th District have demanded that Parlato “suspend (her) negative campaign and promote your own candidacy rather than viciously attacking others." (Buffalo News, 5/13/20)

One county chair described Parlato’s negative campaign as “the continuation of a destructive behavior pattern for her own self-promotion,” and said it seems “like she's working with Nate McMurray." (Buffalo News, 5/13/20)

But Parlato replaced the illegal IRS ad with another negative attack ad that also uses an actor to make fake and misleading claims.

Statement from Beth Parlato:

Sadly, it’s no surprise to me that within an hour of declining to debate me Chris Jacobs would push this lie citing a Never Trumper website. He’s lying now just as he has lied before to cover up his liberal record in Albany. Also, we fully delivered our ad and it was time to move on to the next message in our progression.

NOTE: The IRS guidelines mentioned in the press release do not pertain to third-party use of IRS logos. They are part of a standards document -- common in marketing -- created to guide employees and vendors in the use of IRS material to promote the IRS. Quote from the same document:

All IRS employees, contractors, and service providers are required to abide by all established standards and report any misuse immediately to M&P.

CLARIFICATION: In a previous paragraph at the end of this story, we said we couldn't find evidence that the use of the IRS logo was "illegal." We should note, that under U.S. Code, there are provisions for criminal prosecution of copyright infringement. Copyright cases are, however, usually civil matters. Trademark infringement is a civil matter, Again, "fair use" in copyright would come into play. Fair use is a complex legal question for a court to decide.

Batavia Police Department is investigating a series of car break-ins and petit thefts in Batavia and police say the crimes are happening throughout the city during the overnight hours.

This video was submitted by a reader from a home surveillance camera. The photo below was provided by Batavia PD.

Det. Eric Hill said he didn't have at hand the total number of break-ins recently, but that is no more than usual for this time of year.

The cars being hit have been left unsecured.

Hill asked us to remind readers, "to bring valuables inside, lock their vehicles, and report any suspicious activity to us."

He also said if other residents have video of suspected criminal activity to please share them with police to help identify a suspect or suspects.

Anybody with information can contact Officer Peter Post at (585) 345-6350.

A limited number of businesses can now reopen under the state's plan for a controlled approach to easing pandemic restrictions. The Batavian is inviting Phase One businesses to share information about their businesses with our readers for free.

If you operate a locally owned Phase One business, please email billie@thebatavian.com with the following information: Name of business, address, phone, website URL (optional), a very short description of what services you're providing and how (this is not a marketing message, just a short description).

This new list doesn't include Essential Businesses that we've previously listed. For that list, click here.

There are six categories of businesses in Phase One:

-- Construction;
-- Agriculture;
-- Forestry, fishing, and hunting;
-- Retail (limited to curbside or in-store pick up or drop off);
-- Manufacturing;
-- Wholesale trade.

For more information click here. 

We will update this post with business listings as they come in and periodically boost it back to the top of the home page.

Press release:

As first reported by the Buffalo News, the Republican chairs in the 27^th District have demanded that Beth Parlato “suspend (her) negative campaign and promote your own candidacy rather than viciously attacking others." (Buffalo News, 5/13/20) 

“GOP leaders say they imposed one requirement on candidates interviewing for the 27th Congressional District seat back in January: refrain from attacks on fellow Republicans. Now those same chairmen from the district's eight counties accuse Beth A. Parlato, the family law attorney competing in the June 23rd Republican primary, of breaking her promise with "nasty, negative" mailings and television ads aimed at Christopher L. Jacobs…” (Buffalo News, 5/13/20) 

“…party leaders say Parlato's jabs at Jacobs could threaten his efforts to win a special election against Democrat Nate McMurray..” (Buffalo News, 5/13/20) 

" 'We respectfully ask that you keep your commitment to run a positive campaign that avoids dividing the vote and potentially costing the Republican Party a member of Congress in the special election,' the leaders told Parlato. 'Please suspend your negative campaign and promote your own candidacy rather than viciously attacking others.' The letter is signed by all eight leaders of the district's Republican committees."(Buffalo News, 5/13/20)

“Republican chairs in the district said by running those ads, Parlato is squelching on a promise she made during the special election candidate nomination process.” (Spectrum News, 5/14/20) 

“Ontario County Republican Chairwoman Trisha Turner, speaking for the leaders' group, said Wednesday she is 'deeply offended' by the Parlato efforts and insists they represent a broken promise.” (Buffalo News, 5/13/20)

" 'No one's ever told her to get out, not to run, just not to do something that would be destructive to a special election and she committed to that and she's broken that commitment,' Turner says.” (Spectrum News, 5/14/20)

…"You pay people a lot of money to create that kind of negative imagery," Turner said, adding that attacks against a fellow Republican competing against McMurray at the same time as the primary are inappropriate. Turner also noted Parlato's earlier criticism of Robert G. Ortt, the North Tonawanda state senator who dropped out of the race after losing the party nod to Jacobs and whom Turner originally supported.” (Buffalo News, 5/13/20)

One county chair described Parlato’s negative campaign as “the continuation of a destructive behavior pattern for her own self-promotion,” and said it seems “like she's working with Nate McMurray." (Buffalo News, 5/13/20)

On three different dates this week, employees of UMMC are being treated to meals from Over the Border Taco Truck, courtesy of Casella Waste.

Casella General Manager Jeff Pero said the company wanted to provide meals to all shifts at the hospital so they served lunch yesterday and today and are set up on Bank Street on Saturday.

Press release from Chris Jacobs campaign:

As first reported yesterday by the Buffalo News, all eight Republican chairs in the 27th District have signed a letter to Parlato demanding she “suspend your negative campaign and promote your own candidacy rather than viciously attacking others."

Parlato’s attack ads have been described as “negative” and “nasty.”

“Beth Parlato gave her word last year not to run a negative campaign and not to work to split the vote to hand our congressional seat to a liberal Democrat. Now she’s broken that pledge. We shouldn’t be surprised. Throughout this campaign Beth Parlato has done nothing but attack other candidates, first Rob Ortt and now Chris Jacobs. This is the mark of a desperate candidate. We will not let Beth Parlato succeed in her effort to elect a liberal Democrat to our seat in Congress.”  - Christian Chase, Jacobs for Congress

Press release from Nate McMurray campaign:

“Do the same good old boys network of party bosses and insiders that brought shame to Western NY by fighting for and electing disgraced former Congressman Chris Lee and Chris Collins really expect NY-27 to fall in line...again? They have no credibility. Their attacks on Parlato show weakness, sexism, and hypocrisy.  

"The party machine’s double standard here is laughable. Where were the fainting couches and tissues when Jacobs' aired his lying, racist attack ads against me, which Politifact debunked. And let’s not forget who they really fawn over: Trump. The man whose whole political identity is based on nastiness and name-calling. 

"I don’t agree with Beth Parlato on pretty much anything, but I like how she’s standing up to these bullies. Democracy is not a coronation, and these self-appointed kingmakers need to be humbled. They’re scared of me, but they might be more scared of her. Jacobs’ billions can buy the love of party bosses, but it can’t buy backbone. NY-27 might finally have the people’s showdown in November,” said Nate McMurray.

Press release:

New Cases

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 166 positive cases.
    • The positive case resides in Darien.
    • The positive individual is in their 30s.
    • The newly positive individual was not on quarantine prior to becoming symptomatic.
    • One of the previous positive cases have recovered and have been released from mandatory isolation.
    • Four of the total active positive cases are hospitalized.
    • Genesee County has received word of one new death notification related to COVID-19. The individual was over 65. Our condolences to the family and friends of this individual during this difficult time.
  • Orleans County received four new positive cases of COVID-19, for a total of 146 positive cases.
    • One of the positive cases resides in Ridgeway and one of the positive cases resides in Kendall.
    • Two of the positive cases reside at The Villages of Orleans Health & Rehabilitation Center.
    • One of the individuals is in their 30s, one of the individuals is in their 60’s, and two of the individuals are in their 70s.
    • None of the newly positive community cases were on quarantine prior to becoming symptomatic.
    • Four of the previous positive community cases have recovered and have been released from mandatory isolation.
    • Twelve of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.
    • Orleans County has received word of one new death notification related to COVID-19. The individual was over 65 and a resident of The Villages of Orleans Health and Rehabilitation Center. Our sincerest condolences to the family and friends of this individual during this difficult time.

Click here to view the Genesee and Orleans Counties' online map of confirmed cases.

Press release:

Today Nate McMurray, Democrat running in the special election to fill the Congressional vacancy left when Republican Chris Collins went to jail in NY-27, urged Congress to invest $86 billion in broadband funding in the future COVID-19 response legislation. And he is calling on the Republican candidates to pledge their support or explain why rural New York doesn’t deserve the same access to broadband as Wall Street and New York City.

In 2018, 65 percent of District 27 did not have access to high-speed internet. While New York ranks 4th in connectivity in the country, America is still 30th in mobile speeds and 10th in internet speeds overall. Despite this clear need, McMurray’s opponent in the special election, billionaire Chris Jacobs, has made no progress during his time in the State Senate to bring broadband to working families in Western New York.

McMurray has pledged to expand federal funding to secure broadband for everyone in NY-27, not only to establish better internet but to foster technological prowess, business capabilities, and regional success. 

“Our local internet is slow, even nonexistent in rural areas in NY27, and the pandemic has highlighted our need," McMurray said. "Our national internet on average is far below other industrialized countries. We rank about 10th overall and 30th in mobile speeds, near Romania and the Czech Republic. How is that acceptable?

"America is the place that invented the Internet. We were first. This is the home of Silicon Valley. We should not be 30th. It’s not about Netflix. It’s about better education, more business opportunities, and our future.

"We can’t continue to allow ourselves to be used by monopolistic cable companies that provide substandard service and deprive so many access all. I urge Congress to support expanded funding to ensure that Americans who need broadband service will remain connected during this public health crisis and recovery.”

“As your representative, I will never give up on building infrastructure, for broadband, for our future. May our light and intelligence, the talents of a million minds, flow once again from our region like our famous canal, like a sunburst — talents diversified find vent in myriad forms. Let’s embrace, and build, broadband. Now."

An 18-year-old driver at first claimed he swerved to avoid a deer prior to a two-vehicle accident at 11:20 p.m., Tuesday, on Route 5 in Batavia that injured him and the driver of a box truck.

Then the driver told a deputy he struck the deer and it shattered his windshield.

Deputy Ryan Young, who prepared the accident report, wrote in the report, "There was no evidence on vehicle 1 to indicate that a deer was struck by any portion of the vehicle."

Charges may be pending against Dante D. Mancuso, of West Main Street, Batavia. He was driving a 2006 BMW SUV. He was transported to UMMC for evaluation following the accident.

Joseph Ruhland Jr., 53, of Old Dominion Way, Thomasville, was transported to Strong Memorial Hospital for treatment.

Mancuso was westbound on Route 5 in the area of 3975 W. Main Street Road when his vehicle crossed the center line and clipped a Ruhland's box truck, causing Ruhland to lose control and the truck jackknifed. It crossed into the westbound lane and overturned, coming to rest against a stone wall after the rear trailer detached from the truck.

Volunteer firefighters extricated Ruhland from the truck.

The accident remains under investigation.

Briefing

Press release:

A mobile home fire behind a barn is reported at 6258 Oak Orchard Road, Elba.

Flames are showing.

Elba fire along with Town of Batavia, Byron, Oakfield, and City of Batavia FAST Team.

Mercy EMS also dispatched for scene support.

UPDATE 3:03 p.m.: Fire is out.

UPDATE 3:06 p.m.: Red Cross requested to the scene to assist the occupant.

UPDATE 3:07 p.m.: Red Cross is canceled.

UPDATE 3:15 p.m.: A possible second fire near the same location being investigated.

UPDATE 3:38 p.m.: Red Cross responding to assist four adult males.

When she first jumped into the race for the NY-27 congressional seat, Darien resident Beth Parlato got off to a fast start in fundraising from individual donors.

She raised $271,000 in eight weeks. Her campaign coffers now stand at $554,153.62, which includes some PAC money and a personal loan but so far that isn't half of the $1,253,465.46 Chris Jacobs has in his campaign account.

Parlato said she knows what she's up against in trying to win a congressional seat against a candidate who can afford to drop $446,000 of his own money into his quest for a seat in D.C. So when the novel coronavirus swept through New York and she was forced to cancel five fundraisers, Parlato took what she thought was the next most sensible route to keep her effort financed. She borrowed $150,000 against her property on Seven Day Road.

That loan, which she turned around and loaned to her campaign, promoted a reader to contact The Batavian and suggest the loan violated Federal Election Commission rules.

At first blush, based on language on the FEC site, that might seem true.

When a candidate obtains a bank loan for use in connection with his or her campaign, the loan is considered to be from the bank and not from the candidate's personal funds.

However, two experts in campaign finance interviewed by The Batavian for this story said Parlato's use of money obtained from a second mortgage to make a personal campaign loan is legal.

"It's her personal money," said Paul Cole, a Republican who was once heavily involved in WNY politics, working for Tom Reynolds and Chris Lee before running David Bellavia's 2012 primary campaign. He is not currently involved with any congressional campaign.

"She's going to be personally responsible for paying back that banknote regardless of what happens in terms of the campaign," Cole said. "She's going to have to pay back that loan."

While the campaign, if it raises enough money, can repay the loan to Parlato, if the campaign for any reason can't raise enough money to pay back the loan, Cole said Parlato is still personally responsible to repay the money to the bank.

Michael E. Toner, an election law attorney in Washington, D.C., also said it is legal for a candidate to take out a second mortgage on his or her own property and then loan that money for a loan to his or her campaign.

A footnote on the FEC site also indicates such a loan is permissible:

The personal funds of a candidate include: Assets which the candidate has a legal right of access to or control over, and which he or she has legal title to or an equitable interest in, at the time of candidacy ...

Parlato, who is endorsed by the Conservative Party and is running the GOP primary, has raised $376,691 from individual contributors. She collected another $11,000 from political action committees.

Jacobs, the endorsed Republican in the special election and also a candidate in the primary, has raised $720,856 from individual contributors. He's also raised -- from PACs, other congressional campaigns, and corporations -- $85,699.

The other Republican in the race is Stefan Mychajliw, who has raised $75,576. He's loaned his campaign $465.

Democrat Nate McMurray, running in both the special election and unopposed in the Democratic primary, has raised $527,886. He's received more than $30,000 from PACs and has not loaned his campaign any money.

The Libertarian candidate is Duane Whitmer, who has raised more than $20,000, half of which comes from a loan from himself to his campaign.

CORRECTION:  Parlato is not a candidate in the special election, as previously stated.

Press release:

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 165 positive cases.
    • The positive case resides in Batavia.
    • The positive case is in their 30s.
    • The newly positive individual was not on quarantine prior to becoming symptomatic.
    • Zero of the previous positive cases have recovered and have been released from mandatory isolation.
    • Five of the total active positive cases are hospitalized.
  • Orleans County received eight new positive cases of COVID-19, for a total of 142 positive cases.
    • All of the new positive cases were in state-regulated facilities: Two from The Villages of Orleans Health and Rehabilitation Center, five (one counted from the weekend for a total of six) from Western NY DDSO Group Home, and one from Orchard Rehabilitation & Nursing Center.
    • Of the new positive cases one individual is in their 20s, three individuals are in their 30s, one individual is in their 50s, one individual is in their 60s, one individual is in their 80s and one individual is in their 90s.
    • Two of the previous positive cases have recovered and have been released from mandatory isolation.
    • 10 of the total active positive cases are hospitalized. Please note those in the hospital may be from the community or a state-regulated facility. We do not separate them out to protect their privacy.
    • We are saddened to report another death from The Villages of Orleans Health and Rehabilitation Center. Our deepest condolences go out to the family and friends of this individual during this very sad time.

Click here to view the Genesee and Orleans Counties' online map of confirmed cases.

Interview with Tori Ganino, dog trainer, owner of Calling All Dogs in Batavia.

Daily Briefing:

• As of 2 p.m.
  • Genesee County received one new positive case of COVID-19, for a total of 164 positive cases.
    • The positive case resides in Batavia.
    • The positive case is in their 30s.
    • The newly positive individual was not on quarantine prior to becoming symptomatic.
    • Two of the previous positive cases have recovered and have been released from mandatory isolation.
    • Five of the total active positive cases are hospitalized.
    • We have removed a "positive / recovered" individual that was determined to be a false-positive result. Therefore, the total positive case number will be one less and has been adjusted in our data. No further information will be shared.
  • Orleans County received two new positive cases of COVID-19, for a total of 134 positive cases.
    • The community positive case resides in Ridgeway.
    • There is one additional positive case who is a resident of The Villages of Orleans Health and Rehabilitation Center.
    • Of the new positive cases one individual is in their 50s and one individual is in their 90s.
    • Ten of the total active positive cases are hospitalized 

Click here to view the Genesee and Orleans Counties' online map of confirmed cases.

The Genesee Wyoming Music Educators Association celebrates previous scholarship winner Andrea Gilebarto, a former Batavia High School who will graduate this spring with a degree in music education from SUNY Fredonia.

Press release:

Primary Instrument: Voice -- studying with Robert Strauss at SUNY Fredonia Secondary Instruments: Ukulele, Piano, and Flute

When asked what her favorite High School and College memories are Andrea Responded: My favorite high school experience is playing Mary Poppins in "Mary Poppins the musical." My favorite college musical experience was when I was in Chamber Choir under the direction of Dr. Vernon Huff. I think a close second was playing one of the stepsisters in the Hillman Opera's production of "Cendrillon" by Massenet, the French opera of the "Cinderella" story.

When asked where is your favorite performance venue you have performed at Andrea responded:

My favorite venue was when the Chamber Choir went to Churchville Chili High School to be a part of a promotional tour. We performed four songs that evening, and closed out the concert. The auditorium was huge and had plenty of space for our sound to resonate in. My favorite song we performed that night was "All My Trials" and "Rockin' Jerusalem," both arranged by Stacey Gibbs.

In addition to teaching, Andrea aspires to be a part of the Buffalo Philharmonic Orchestra Chorus one day. She also aspires to be in more operas down the line.

When asked who her main influences are Andrea responded: My main musical influences are Joyce Didonato, Billy Joel and Luciano Pavarotti. I have tickets to see Billy Joel in concert, and cannot wait to see him live!

Andreas ultimate music goal is to be able to teach middle school general music and choral music while still having time to participate in an opera or a musical theater performance.

Andrea loves playing ukulele! She finds chords to pop songs she loves, and plays along to recordings.

We would like to congratulate Andrea on all of her accomplishments up to this point! We wish you much luck as you start your career as a music educator!

Press release:

Today’s national average price for a gallon of gasoline is $1.85, up 7 cents since last week. One year ago, the price was $2.87. The New York State average is $2.15 – down 1 cent from last week. A year ago, the NYS average was $2.96.

AAA Western and Central New York (AAA WCNY) reports the following averages:

• Batavia -- $2.21 (down 2 cents since last week)
• Buffalo -- $2.21 (no change since last week)
• Ithaca -- $2.13 (no change since last week)
• Rochester -- $2.19 (up 1 cent since last week)
• Rome -- $2.11 (no change since last week)
• Syracuse -- $2.06 (no change since last week)
• Watertown -- $2.12 (down 1 cent since last week)

Increasing demand for gasoline continues to push pump prices up around the country, as more states reopen businesses. Gas demand is expected to continue to grow, leading pump prices to continue to rise. Reports from the Energy Information Administration (EIA) confirm that demand for gasoline has increased, though demand level is still lower than last year at this time.

Oil prices are fluctuating, but have gained some steam, as the market continues to believe that crude demand will increase as more states reopen businesses. However, global crude demand is expected to remain low due to COVID-19, tempering price spikes.

From GasBuddy:

"Gasoline demand continues rebound across the United States as more states reopen, with a week on week rise of nearly 5 percent, according to data from GasBuddy's free payments card. The boost in demand has led oil and gasoline prices to rally, and as long as states continue to loosen restrictions, it'll mean more motorists on the roads and filling their tank," said Patrick DeHaan, head of petroleum analysis for GasBuddy.

"Most states saw prices rise last week, but yet again Great Lakes states, which were the largest beneficiaries of ultra-low prices, saw the most pain as retail gasoline prices fall back into their normal territory against the national average. For now, the continued recovery in gas prices will nearly completely depend on improvement in the coronavirus situation, as so long as refineries boost production again as demand continues to rise again."

More than three weeks ago, I asked a few of our local school districts to shoot their own videos about their cafeteria workers and to send me the clips to put together in a single video. For various reasons, it's taken me some time to complete but here it is.

Press release:

The Genesee and Orleans County Health Departments have received four more COVID-19 cases. Orleans has three new cases (bringing the total to 132) and Genesee has one (bringing the total to 164). 

Contact tracing has been initiated and all who have had direct contact with the individuals will be notified by Health Department staff. Two of the Orleans County individuals are residents of The Villages of Orleans Health and Rehabilitation Center and one is a community member. Genesee County’s individual who tested positive is a community member.

We have also received word of the death of an individual who had tested positive for COVID-19 and was a resident of The Villages of Orleans Health and Rehabilitation Center. Our deepest condolences to the family and friends of this individual during this very sad time.

There is currently no further information to release on ages and locations. Mapping to include the positive cases from the weekend will be updated on Monday afternoon.

We continue to encourage all residents to be vigilant about handwashing, cleaning frequently used surfaces, properly wearing cloth face coverings over the mouth and nose, keeping your hands away from your face, limiting time out in public and when you do need to go out for essentials you designate one person from your household, keep social distancing and stay home if you are sick.