LOCKPORT – The attorney representing David J. Mongielo in his long-running sign ordinance violation case in the Town of Lockport sought a change of venue Tuesday.
Frank T. Housh said that after two trials, a successful appeal and a third trial that ended in a mistrial, it would be difficult for Mongielo, the Conservative Party candidate for town supervisor, to find an impartial jury because of years of publicity.
Justice Raymond E. Schilling gave Town Prosecutor Bradley N. Marble time to respond to Housh’s motion, which also included an effort to have the charges dismissed on the grounds of selective prosecution. Oral argument was set for Nov. 12.
Mongielo is charged with violating the town law barring signs that change “format” more than once every 10 minutes, with the LED video board in front of his Robinson Road auto repair shop.