Trustees voted unanimously to approve a resolution that reads, “The Village Trustees after considering the Memorandum-Decision and Order of the United States District Court for the Northern District of New York, (Honorable) Lawrence Kahn, dated September 21, 2020, does hereby rescind the resolution dated July 20, 2020 directing Mr. Robar to remove the toilets.”
This marks the third time the village has attempted to have Mr. Robar remove the toilets, and failed.
Mr. Robar’s battle with the village began in 2004 when he asked for a zone change at his property at 82-84 Market St. He wanted to sell the property to a buyer who would establish a Dunkin’ Donuts. When the village denied his request, he set up what’s referred to now as a toilet garden.
In 2008, the village issued Mr. Robar an appearance ticket for a code violation. Mr. Robar argued that the toilet gardens were art and it’s his First Amendment right to have them. The case was dismissed because Code Enforcement Officer John F. Hill failed to bring documents to the court.
In 2010, the village tried again, but after the presiding judge resigned amid cocaine-use allegations, the case was dropped and the village decided not to pursue it.
In 2018, the village passed a junk storage law, but waited until the summer of last year to try again — they again wanted the toilets removed.
The village approved a resolution earlier in the summer ordering Mr. Robar to remove such fixtures, including toilets, urinals and bathtubs, before Sept. 1, 2020, at six properties in the village: 10 Pine St.; 79 Maple St.; 81-83 Maple St.; 85 Maple St.; 87 Maple St.; and 82-84 Market St. It was determined that Mr. Robar’s properties were in violation of the junk storage law.
It started with the issuance of tickets to remove the toilets, which was followed by a hearing before the trustees requested by Mr. Robar.
During that hearing, St. Lawrence Health System Chief Executive Officer David B. Acker spoke to the board as both a private resident of the village and as a representative of the hospital system.
The toilet gardens, he said, made it difficult to recruit young doctors who would want to stay and invest in the community.
The village also heard from a Clarkson University representative and from a representative of Temple Beth Israel, which is located across the street from one of the gardens, who both spoke against the toilets.
Mr. Robar’s suit requested no less than $7 million in damages from the village.
The suit was in the discovery process which, barring a settlement or summary judgement, would have seen a trial at the start of 2022.
(6) comments
The village of Potsdam will wait for Hank Robar's death.
About time. Between this and Nick Hillary's lawsuit the Village should dissolve. Remember, you don't have to like it for it to be art. Just go visit the Museum of Bad Art in Massachusetts and you can see for yourself.
And now the taxpayers will be on the hook for a settlement payment. Good going trustees, now what, strip searches in the schools?
But really, are you telling me that new Doctor's are such snowflakes that the gardens, rather than be viewed as humorous protest, would be viewed as vile job blockers? Is the hospital community that sensitive? Wow, what a bunch!
NY is powered by Dunkin!
How constitutional of them!
Welcome to the discussion.
Log In
Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.