AMHERST, N.Y — Jeffrey Bellanca, owner of WNY Gay & Lesbian Yellow Pages, is suing the Town of Amherst, and two town employees for discrimination.
Over the past two years Bellanca said three vehicles in his own driveway, all which have advertised his business, have been ticketed for violating town zoning rules. He feels he is being targeted, because the vehicles promoted LGBTQ+.
"My self-worth is nothing," said a frustrated Bellanca.
Town of Amherst Supervisor Brian Kulpa told 7 News that he cannot comment on pending litigation, but town laws apply to all commercial vehicles.
It all started two years ago, when Bellanca bought a home in Amherst, the town he grew up in. At that time he had three vehicles, a box truck that displayed his business on the back, a personal car with his website on the side, and a rainbow van wrapped in his company's artwork. The van is the only vehicle he currently still owns.
A few months after moving in, Bellanca said he received three violations for his box truck:
- Overdue inspection
- Truck was overweight for his residential driveway
- Logo was on the truck
"It was just a shock to me" said Bellanca.
Bellanca went to court where he said to his surprise, he learned his car was in violation too, because of the advertising it had on it.
"I said 'that’s my personal car,'" exclaimed Bellanca. "'Why do I have to take off my logo when the [neighbor] is over here with his?'"
"They never mentioned the van, because it was behind the house," said Bellanca.
However a year later Bellanca got a $250 ticket posted on his front door, which stated his van was now in violation.
In total Bellanca said he has received 7 tickets totaling $2,250.
Bellanca said his rainbow van has been parked at the back of his long driveway. It's visible from Campus Lane, which is about 200 feet away.
"I'm telling you five of the seven [tickets] were when I came home for lunch and parked in front, ran in and made my lunch," said Bellanca, who said he felt targeted in what was a matter of 45 minutes.
This week Bellanca said his van was ticketed again, and hours after the lawsuit was filed he said he was notified that his porch was in violation for its condition. He is looking to get it fixed.
"I just thought the town wants me out," said Bellanca. "I've just about had it, I feel so beat up."
While Kulpa said these violations apply to all commercial vehicles in residential areas, Bellanca said he has proof that neighbors have had their commercial vehicles parked outside their homes for years.
"The point is why are the complaints coming in about the rainbow [van] and not the plumbing," said Bellanca's attorney Lindy Korn.
Korn said this lawsuit goes to federal court, because Bellanca's complaint violates the1983 Constitutional Claim, which provides an individual the right to sue government employees for civil rights violations.
