An icy, delicious turf war has finally come to an end, almost two years after one mobile ice cream vendor accused another frozen treats truck driver of bullying him and trying to run him out of town. A judge in upstate New York dismissed stalking and harassing charges against the snow cone truck brought by an ice cream rival back in 2013.
A snow cone driver says he always knew his name would be cleared after he was accused of stalking a rival ice cream driver, reports the Times Albany Union. A judge issued a written decision dismissing a charge of misdemeanor harassment and stalking, a violation.
The other driver claimed that in April 2013, the defendant would follow his ice cream truck, yelling like a villain in one of those old movies, “You don’t have a chance, this is my town!”
He also accused him of pulling up behind his truck and offer free ice cream to his customers.
The police chief testified that the incidents occurred after he’d warned the snow cone driver to leave his competitor alone.
The judge ruled that telling customers he had “free ice cream” for them is protected free speech; and that the two incidents had been “accidental and unexpected” and not “for no legitimate purpose” and “with a course of conduct,” a legal requirement of the charges.
“I’m happy it’s over and the decision came down in my favor,” said the defendant, who reportedly lost his vendor’s license in the process. “I think it was ridiculous from day one and felt it was a personal attack against me.”
by Mary Beth Quirk via Consumerist
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