BUFFALO, N.Y. (WKBW) — An Orchard Park gym owner who previously filed lawsuits against New York State COVID-19 restrictions has been found guilty of one count of trespass, a violation.
The Erie County District Attorney's Office announced that Orchard Park Village Court Justice James C. Cosgrove came to a decision after a one-day bench trial and 51-year-old Robert F. Dinero was ordered to pay a $75 fine and $125 surcharge.
The district attorney's office said on December 9, 2021, Dinero knowingly entered and unlawfully remained inside Orchard Park Middle School in violation of the school district’s regulations. According to the district attorney's office, it occurred after the district notified Dinero that he was prohibited from entering any school building following a violation of the district’s Code of Conduct.
A temporary no-contact order of protection was issued on behalf of the school district and remains in effect. The matter is scheduled to return on March 2 for further discussion regarding a final no-contact order of protection.
In addition, the district attorney's office said Dinero has two additional pending criminal cases for allegedly trespassing on school property after being banned by district officials and communicating with a school official while knowingly in violation of an existing order of protection. One alleged incident occurred on January 14, 2022, the other alleged incident occurred on April 27, 2022. A return date on the two pending cases has not been scheduled at this time and he remains released on his own recognizance as all of the charges are non-qualifying offenses for bail.
In March 2021, Dinero filed a lawsuit "on behalf of his minor children and on behalf of all other similarly situated" against the Orchard Park Central School District, Orchard Park Board of Education, Cuomo, NYSDOH and NYSED seeking an injunction on the district from continuing to impose the hybrid/remote learning model.
Dinero also filed a lawsuit in November 2020 against former New York Governor Andrew Cuomo and the New York State Department of Health alleging his gym, Athletes Unleashed, was severely impacted by the pandemic, and through no fault of its own, been forced to cease its operations as required by governmental order. In December 2020, a judge ruled Athletes Unleashed could open at 100 percent capacity and in February 2021 a judge ruled the gym no longer needed to abide by executive orders older than 30 days.
