By MATT CHANDLER
mchandler@bizjournals.com | 716-541-1654

An ongoing debate in the Town of Clarence over an annual fireworks display has a resident contemplating legal action against the town and two board members in what is being characterized as a violation of the First Amendment.

Daniel Snyder is a Clarence resident and business owner who petitioned the town for a permit to hold a fireworks display on his property, 5655 Newhouse Road, on Sept. 5 and next July 4. Snyder had the support of both Town Supervisor Scott Bylewski and the chief of the Clarence Center Fire Co., saying the requirements had been met and there was no fire danger posed by the event.

At the July 27 town council meeting, however, Snyder's petition was denied by a vote of 2-2 (Councilman Patrick Casilio abstained from the vote, citing business dealings with Snyder). Snyder claims the two dissenting votes - by Councilmen Joseph Weiss and Peter DiCostanzo - were political payback for his decision to put small signs on his Clarence property that were critical of the politicians.

"This is Clarence, New York, USA; not communist China," Snyder said in a release following the ruling. "Public officials can't stifle political debate through threats, brow-beating and punishing tactics. I've lived in Clarence a long time (and) I support the community. This just isn't right."

Since losing the vote, he retained attorney Joseph Finnerty of Hiscock Barclay, who specializes in First Amendment cases, to work on a resolution.

"I've been defending the First Amendment as a lawyer for almost 30 years. In all that time, I personally have not encountered locally such a blatant public attack on political speech as board members Weiss and DiCostanzo made last week," he said. "Civil libertarians should be outraged. The issue isn't fireworks anymore, if it ever was; it's freedom of speech."

Finnerty claims DiCostanzo offered to vote yes on the permit if Snyder agreed to remove all political signs from his property. When such a request was rebuffed, Finnerty said, DiCostanzo and "his ally" Weiss voted against the request.

DiCostanzo declined to comment for this article. In the official minutes from the meeting, he questioned attorney David Saleh, who represented Snyder before the board. He said his client found the councilman's actions "unconscionable" and that his client would not permanently remove the signs, preferring to have his right to speak politically.

"Are you calling my bluff?" said DiCostanzo.

Finnerty responded by saying it wasn't a matter of calling anyone's bluff and affirmed that he is exploring all options in terms of resolving the issue.

"I'm a litigator and a trial lawyer, and I'm prepared to deploy the whole gamut of weapons in the arsenal that I've used over the last three decades to protect the First Amendment," he said. "But I'm also a reasonable man, and I'm hoping the members of the board are also reasonable and we can resolve this issue."

Calls to Clarence Town Attorney Steven Bengart were not returned as of press time. An email sent to Weiss seeking comment also did not get a response.