WILLIAMSVILLE, N.Y. (WBEN) A $300 dollar dilemma in Williamsville will likely cost the village a lot more than that.
The village board Thursday night voted 3-2 in favor of retaining outside counsel in a legal fight with the Erie County Department of Health over a violation of the mask mandate.
It came down to, principle versus cost benefit analysis. In the end, principle won.
"If we were to pay the $300 fine and say we're sorry and walk away, we would have no voice or due process. That's not fair or equitable," said Village Deputy Mayor Dave Sherman on WBEN Friday.
The village was fined $300 after a January 10 board meeting in which Mayor Deborah Rogers and others were seen not wearing masks.
"I'm not a constitutional lawyer," said Sherman. "But I think there are some points that are defensible."
Sherman, who became Deputy Mayor earlier this month due to a resignation on the board, admits he doesn't know how much this is going to cost. "It's a shame it had to come to this," he said. "No other municipality in Western New York has been cited by the county for alleged violations."
Personally, Sherman thinks the county is trying to make an example out of the village.
Earlier in the week, Erie County Executive Mark Poloncarz acknowledged that Williamsville is the first municipality to be cited by the Erie County Department of Health.
Another option that was considered, according to Sherman, was to pay the $300 and walk away.
The vote was 3-2 to fight the violation. Mayor Rogers cast the tie breaking vote to retain attorney Todd Aldinger. who has fought other high profile cases stemming from Covid related mandates.
Still, Sherman has concerns that the fight could be for naught. "This could all be wiped out in an instant if the mask mandates are dropped."
Additionally, he said it's unfortunate that this is taking so much time and energy away from other village business.
"There are other things we should be focused on, our infrastructure, our sewer system, our parks. Unfortunately, this takes precedence over all of that."
