GLOVERSVILLE, N.Y. - The owners and operators of Sno Cone Joe's were in Fulton County Court Tuesday morning after the City of Gloversville denied the ice cream truck business a renewal of its permit.
The city denied the permit after the owners, 21-year-old Amanda Scott and her boyfriend 34-year-old Josh Malatino, both of Gloversville, were arrested for harassing and stalking a rival ice cream truck, a Mr. Ding-A-Ling, in Gloversville last week.
Their case was adjourned to a later date in court on Tuesday.
William Lorman, the lawyer for the couple, criticized the decision to not renew its permit. "What was the basis for the city to deny the application? Was there a rational basis for it? We submit there was no rational basis," he said.
Police say Malatino and Scott would follow the Mr. Ding-A-Ling truck to the location they were selling ice cream, play their music at a high volume, and yell that they have free ice cream in an attempt to draw customers away from the rival truck.
Malatino was found to have yelled at the Mr. Ding-A-Ling driver, claiming that his business controls the ice cream sales market in the City of Gloversville.
The decision to pull Sno Cone Joe's permit after it expired last Sunday, came from the mayor on the advice of police who arrested Scott and Malatino.
Malatino and Scott were arrested for Harassment 2nd-degree and Stalking 4th-degree following an investigation into a complaint filed by the owner of the Mr. Ding-A-Ling ice cream truck.
"I think after a court gets to review the charges they'll be dismissed," Lorman said.
Gloversville Police Chief Donald VanDuesen says he stands by his decisions and will defend it.
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