This is in response to Mark Negrelli – The Ice Cream Man

Letter to the Editor

By Paul G. Buescher

(see related posts here)

First of all, I stand behind everything that I wrote.  The FACTS that I mentioned during the first encounter in front of my home was witnessed by the resident who was threatened AND it was caught on my home surveillance system.  The incident on Kenwick was exactly as I described.  I NEVER made any threats except to tell the driver that I was calling the Sheriff and then I was threatened by this driver.  I then FOLLOWED (NOT PURSUED) the driver and not once did I break ANY traffic laws.  Anyone can hear the 911 recording where I kept the dispatcher appraised of what the driver was doing.  Remember, this driver threatened me with physical violence and that is something that I do not take lightly.

There are a couple of issues in this case that must be understood.  Our township currently prohibits ALL commercial solicitors and vendors.  Neither incident would have occurred if the driver observed the law, especially after being politely warned the first time.  Being on the job for two months is no excuse for not knowing where he was.  There are maps and Google searches available to find out where you are!  And I hate saying this but the families who were attempting to buy his ice cream were partially responsible for the incident because they should have known that this activity (vendor) was prohibited.  I only bring this up to clarify the situation.  I should also mention that we will most likely be lifting the blanket prohibition and reinstating the Summit County solicitor permit system.

I’ve been accused of acting like a police officer and that I had no right to do what I wrote about despite my First Amendment right as both a resident and a Trustee.  EVERYONE has the right to ask questions, remind anyone about the law and to follow anyone in the course of helping law enforcement.  And if the driver’s accusations were true, why didn’t he call the police?  The answer is simple, HE was the one that the Sheriff was looking for and I was assisting them in a fully lawful and safe manner!

As a former Auxiliary Police Officer in an Ohio resort community, I was involved in REAL vehicular pursuits, numerous undercover operations and other law enforcement activities.  The only reason I mention this is to show that I am not new to incidents like this and that I know the law and the limits to what citizens (Trustees included) can and cannot do.  I also know, as everyone else should know, is that the citizens are the eyes and ears for the police.  We especially rely on this here in Northfield Center because under normal circumstances we only have one, sometimes 1.5 deputies patrolling our Township at any given time.

Township Trustees do not have police powers but we took an Oath of Office to uphold the laws of our country, our state and our community.  In so doing, it is also an implied responsibility to protect our residents by all legal means necessary.  And that is all I was doing, plain and simple.

I have no “vendetta” against anyone, including ice cream vendors.  I have many fond memories of those trucks coming down our street from childhood through my adult years.  I even bought my favorite ice cream from the trucks just a few short years ago right here in our Township and enjoyed a few minutes of pleasantries with the drivers.  They are usually a very friendly group of people just like most vendors are.  But times have changed and a few are spoiling it for the rest and this ONE SINGLE DRIVER is a prime example.

On June 19th, our Sheriff’s Deputies interviewed this driver at our Safety Center, where he was told that he could not conduct his business in our Township.  An hour later he was caught by the same deputy in Rolling Brooke where I was told that he was cited. 

I am sorry if I inadvertently insinuated that all ice cream truck drivers were suspected of wrong doing or acting strangely.  My focus was directed at this one single person whom I firmly believe should not even be driving let alone interacting with our residents!  I also take extreme issue with the numerous falsehoods, exaggerations and outright lies included in Negrelli’s diatribe.  There are so many that I am not going to waste any more of my time addressing them.  I presented the facts and I stand by them.  I will also think twice before involving myself in future incidents like this because so many folks spout off before they know the facts or witnessed a small fraction of the overall incident or what led up to it.  It’s just not worth the headaches and trouble.  I’ve taken my Advil and am taking my dogs for a good long walk. 

Paul G. Buescher

 

Paul Buescher
Paul Buescher
Northfield Center Trustee

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