An LGBTQ+ entrepreneur has filed a federal lawsuit against the town of Amherst, New York, and two of its representatives, alleging discrimination against his business. Jeffrey Bellanca, the owner of the Western New York (WYN) Gay & Lesbian Yellow Pages, claims that the town issued multiple zone violation fines against his rainbow-colored van, which he frequently parked alongside his personal car. He also alleges that he received seven ticketed fines, some of which he received while he was at home, totaling $2,250 in two years.
Bellanca’s lawyer, Lindy Korn, argues that the town’s enforcement of zoning laws against his client’s business is discriminatory. Bellanca’s neighbor, who owns a plumbing business, has commercial vehicles parked in their front driveway for years without any violations or fines, according to Korn. Bellanca claims that the fines are part of a broader pattern of discrimination against him and his business.
Town of Amherst Supervisor Brian Kulpa has defended the fines, stating that all commercial vehicles must follow the city’s zoning laws. However, Bellanca’s lawsuit alleges that the town has selectively enforced its zoning laws against his business, in violation of his constitutional rights.
The case raises questions about the role of local zoning laws in regulating businesses, and whether such laws can be used to discriminate against marginalized groups. Bellanca’s rainbow-colored van, which he uses to promote his business, has become a symbol of his fight against discrimination in Amherst. The lawsuit is ongoing, and it remains to be seen whether Bellanca will succeed in his claims.