Sign of Protest: Business Taken To Court
Chester Borough issues summons to Once Upon a Table for sign violations.
The discord between the Chester Borough government and Charles Wasser, owner of Once Upon a Table, rose to a new level when a summons was issued for violating the borough sign ordinance on April 3.
For his part, Charles Wasser has said this is the latest in a restrictive series of policies that are hurting the local businesses.
"I guess Chester Borough has no reservations in using government power to stamp out an American’s Constitutional right to express an opinion about his government," Wasser said.
At the heart of the issue, is the sidewalk sign outside of his Main Street cafe and furniture store. The sign began as a way to promote the cafe and raise awareness of the stores offerings. After receiving pushback from the local government, the sign was altered to express dismay with the government of Chester.
"This is a first ammendment issue," Wasser said. "And I have contacted an attorney. This is free speech, I have a right to free speech and I am being penalized for it. Other stores have had up signs like this and they have not been bothered. This is harrassment. I am being harrassed."
As far as Chester Borough zoning officer Kerry Brown is concerned, the content of the sign is not the issue, and therefore is not protected by the first ammendment. The fact that the sign itself violates borough code: 163-93 for prohibited signs as well as not meeting the historic materials and design requirements is the crux of the matter.
"It doesn't matter what was on the sign, it violates the rules for additional signage," Brown said. "And there was a warning issued."
According to Brown, everyone else who was notified for being in violation removed their signs. The only hold out was Wasser, forcing action by the borough.
"The last thing we want to do is take our businesses to court," Brown said. "We don't want that. We want to help our businesses because we want them here."
Brown said that her door is always open to discuss issues and thus far only one business has taken her up on the offer.
"I can't fix anything right away, but we can talk about ideas," Brown said. "And I encourage everyone to go to the mayor and council meeting."
The sign issue has been around Chester for a long time, as owners have struggled to increase awareness for their businesses. Things took a turn for the worse with the last economic down turn.
"Our businesses are dying," Wasser said. "We've had over 50 businesses go out and the government of Chester does nothing to help us. They just say no to everything."
Kathy Barbieri, President of the Historic Chester Business Association offers hope for cooperation on all sides.
"We are a very different organization now than we were five, ten or even three years ago," Barbieri said. "We are working with a liaison to the council and we have a committee working on additional signage designs that would match the historic codes of Chester."
As far as Wasser is concerned, his store is being unfairly targeted and his plans do not include backing down.
"Maybe it’s time to recall Mayor Davis who seems more intent on spending the taxpayer’s money suppressing free speech than improving Chester Borough," Wasser said.
Wasser is due in court on April 18.
Barbara
8:10 am on Tuesday, April 10, 2012
This is a sure"lose/lose" for all parties involved. As Kathy stated, cooperation is the key here. All stakeholders- business owners, mayors, zoning officers, landlords, community members must work together towards common goals to reverse Main Street's deterioration.
Kat
8:35 am on Tuesday, April 10, 2012
Too many Chester Main Street businesses are closing and moving elsewhere.
According to Barbieri, the Boro is "... working with a liaison to the council and we have a committee working on additional signage designs that would match the historic codes of Chester." If this is the case, then let's get things settled quickly so businesses can post appropriate signs to attract customers.
The words "liaison", "council" and "committee", however, lead me to think this will not be a speedy process. And so the exodus may likely continue.
Russ Crespolini
9:56 am on Tuesday, April 10, 2012
@ Barbara, I was heartened to see so many people at the egg hunt on Saturday spend their time walking around Main Street after the even ended. There was even a nice crowd of people eating at Once Upon a Table. It was a huge difference from previous weekends where I have seen Main Street in Chester virtually empty while similar places in Andover and Westfield were packed with shoppers. I think Chester still has a great shot when they spark interest and get folks into town.
@Kat...I understand your point. But unfortunately to get something like this done it is going to take time. I am expecting an update from Kathy soon with more info but I know she would like anyone with concerns to reach out to her and attend HCBA meetings so people know the latest and can track progress. My understanding is there is more communication than before, which is always a good thing.
Barbara
10:32 am on Tuesday, April 10, 2012
Russ- It would be interesting to know if the people at the egg hunt were primarily Chester residents, or "out of towners." Also, did the local merchants see a spike in business? Anyone doing any market research?
Russ Crespolini
11:22 am on Tuesday, April 10, 2012
Interesting question, Barbara. I know they were using coupon books and trying to engage folks to find out more about them. I mean, I saw a spike just being there for a few hours...what that translates into I don't know. The shift seems to be pretty heavy in terms of Chester not being as much of a destination town as it used to be.
All good questions, though. And I will discuss them with the HCBA.
ssam
12:57 pm on Wednesday, April 11, 2012
I don't know if the owner of the store will read this, but a little advice: As the former owner of a succesful business on main street (we left town when the economy went south and the dope who owned the building wanted to keep raising the rent-i think he now gets about half of what I was paying-oops!) when the town zoning officer started in with the sign nonsense we hired Mr. Fox the local attorney to fight them about everything non-stop. It cost a few $, but by the third zoning officer they gave up, we never changed anything, and were never fined. Bring a gun to a knife fight and you generally win.
Steve
4:18 pm on Thursday, May 3, 2012
Re: Barbara's question....this is the first year that I saw a significant boost in traffic in my store for about an hour after the egg hunt. It is simply a matter of numbers; this was the best attended egg hunt ever, largely due to the fantastic weather as well as it being a growing event. I might add that the HCBA considers the egg hunt to be something we do for the community as opposed to other events that we sponsor with the primary objective being to bring shoppers to Chester. Also, I believe a large proportion of the "egg hunters" are Chester Borough and Twp. residents, but the event does draw from all off our surrounding communities, who by the way are key to the success of Chester's retail community. The Chesters simply don' have the population to Support Main Street on their own.
Russ Crespolini
4:20 pm on Thursday, May 3, 2012
Thanks for taking the time to answer Steve! Very much appreciated.
Barbara
5:38 pm on Thursday, May 3, 2012
Steve- I think you hit the nail on the head with your last sentence. The population can no longer support Main Street. The external "draw" to Main Street used to be the antique shops that are virtually all gone.
I am not sure what sort of store you have, but as a long time Chester resident with kids who are beyond "egg hunt" age, what does Main Street offer me? I don't need more candles, wind chimes or used clothes :)
Marketing 101's lesson is to "give the customer what they want" and the HCBA might want to do a community (and beyond) outreach to find out what that is.
The Farmer's Market is a great initiative that DOES attract locals. It should be expanded to a year-round program.
I think there are other problems that keep people (both local and from afar) from visiting Main Street. One of them is the fact that it looks "run down" not like a vibrant and "fun" place. Earlier today, I drove by the building housing Taylor's. Shame on the landlord.
If people are to come shop on Main Street, a collaborative pact among all stakeholders must be signed! That means landlords, government, store owners and the community. Figure out what you (collectively) want the end result to be and then work backwards to achieve it. There are lots of very smart people in town. Enlist their expertise in bringing Chester back.
Steve
3:55 pm on Friday, May 4, 2012
Marketing 101 may teach "give the customer what they want", but what it does not teach is how to achieve it. There is only one entity that has control over what type of businesses (shops) that come to town and it is not the Borough, other retailers nor the business association. It is the landlords, and as much as I too would like to see a more diversified mix of stores, I understand their position. If a property owner has a space that has been open for 6 months and another what I call "me too store" comes along, he is going to rent his property.
Again to the business association, in our goals and objectives we recognize landlords as one of four key stake holders in Chester. We have been and will continue to reach out to retail property owners for a number of reasons, one being the importance of a good mix of customer attractive stores for the long term viability of Chester's retail community.