Town Board raises concerns about safety issues
On blistering hot summer days, there is certain music echoing throughout that calls children to take break and cool off with a treat. The ice cream truck a fond summer memory for many area children could be making its way back to Niskayuna.
In 1976 all ice cream trucks were banned from Niskayuna’s streets after a young girl was struck and injured by an oncoming vehicle while gathering around an ice cream truck. Rotterdam banned the trucks a year earlier due to a similar incident, which proved fatal. Schenectady ice cream trucks stopped running during the same period, but the city lifted the ban in 1987.
In October of 1990, Brain Collis, owner of Mr. Ding-A-Ling ice cream company, sued the town of Niskayuna for his right to distribute ice cream from his truck in the town. Collis said the ban on such vendors denied him due process and equal protection. The Supreme Court of New York State ruled nearly a year later in favor of Niskayuna and said the town’s concern for child safety didn’t violate Collis’ right to equal protection of the law.
Niskayuna children looking to bring the trucks back started a petition and gathered around 60 signatures, which they presented to the town. During the Town Board’s special meeting on Thursday, July 15, a resolution was passed to hold a public hearing on the topic.
Councilwomen Julie McDonnell, whose son was one of three children who presented the petition, and Denise Murphy McGraw sponsored the resolution.
`I thought, ‘Wow, start them young.’ I think it is excellent that they get exposed,` said Councilwomen Liz Kasper. `We have to answer a petition no matter where it originates because we have to respond.`
The public hearing is set for Tuesday, July 27, at 7 p.m. during the next Town Board meeting. If the resolution is passed, there will be a monthlong trial period from Aug. 6 to Sept. 6, and no final reinstatement is guaranteed.
`Most of this product is available in a grocery store,` said resident Lorene Zabin. `I think you’re stirring a hornet’s nest, and I wish you to be very, very careful about this.`
Kasper echoed Zabin’s concern.
`Ice cream is too readily available now to our children anyway,` Kasper said.
During the trial period, if approved, ice cream trucks could sell treats from noon to 7:30 p.m. on town roads, which excludes county and state roads.
`If you look at the proposal of the law, it looks at a lot of things that have been done by the state,` said Joe Landry, town supervisor. `There is quite a bit that has been done over the last 20-30 years.`
Not all board members are sold on the idea, though.
Councilman Jonathan McKinney said he has some serious concerns, such as noise, background checks for drivers and safety issues. Besides the danger of children not looking when crossing the street, he said, the attention of drivers isn’t as good as before due to things such as texting.
`I share many of the concerns people have. I myself have some concerns about safety,` said McDonnell. `I think it deserves to be revisited. To my knowledge there have not been any tragedies like this recently in our area.“
