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Owner of electronic sign expects to be convicted

Published:July 29, 2010, 12:00 AM

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Updated: July 29, 2010, 7:18 AM

LOCKPORT—Town Justice Raymond E. Schilling said he will announce his verdict Aug. 24, but auto shop owner David J. Mongielo said after his trial Wednesday that he expects to be convicted of violating the town’s sign ordinance.

“I think we all know how it will come out,” Mongielo said after the nonjury trial on three counts of illegally using an electronic sign at his Robinson Road business. The town bars signs that change their images more than once every 10 minutes.

Schilling earlier this month rejected Mongielo’s effort to overturn the law as a violation of the First Amendment. Mongielo faces a maximum $250 fine on each count. The town levied the same counts against his business, doubling the potential fine.

Wednesday’s trial consisted of an hour of testimony by Town Building Inspector Brian M. Belson, who presented photos he took of the changing sign on three dates last year.

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