Sno Kone Joe: 'Who's harassing who?' - NEWS10 ABC: Albany, New York News, Weather, Sports

Sno Kone Joe: 'Who's harassing who?'

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GLOVERSVILLE, N.Y. - The ice cream truck wars of Gloversville returned to the Fulton County Supreme Court Wednesday morning.

Sno Kone Joe owners and operators 21-year-old Amanda Scott and her boyfriend 34-year-old Josh Malatino, both of Gloversville, are suing the city after they refused to reinstate their permit after it was terminated last week.

Police say the couple has been stalking and harassing a rival ice cream truck, Mr. Ding A Ling.

However, when Scott was questioned in court Wednesday she brought up the question "Who's harassing who?" She claims that Mr. Ding A Ling had actually been harassing her, capturing a video which is published on YouTube of the rival truck supposedly flipping her off.

Scott told the court she wanted the video "just in case something happened and she needed to go to police." She said she filed a complaint with police last year after the other ice cream company called her a "stupid expletive."

Scott's lawyer Bill Lorman questioned her about a September meeting with police about her permit possibly being pulled. She told Lorman "Josh and I were confused and frustrated" over the meeting.

She also claimed that Sno Kone Joe regularly gives away free ice cream for Halloween and other events but the police chief told them not to because "it hurts other company's business," and according to Scott, he threatened their arrest if they continued.

Gloversville Mayor Dayton King took the stand in court Wednesday saying the police chief recommended the city take away Scott's permit in September 2012, but that he gave Sno Kone Joe another chance and granted a permit at that time. But the Mayor said his opinions of Malatino have now changed. He says he thought he was "a genuine, good character" until looking at recent reports.

Police arrested Malatino and Scott after accusations surfaced that they 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. At one point they are accused of yelling "This is my town!" at a Mr. Ding-A-Ling driver.

Court was adjourned until Monday at 9 a.m.

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