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Steven Landsman was denied a waiver of the moratorium in July, invalidating his
lease with the North Carolina-based chain to rent three storefronts on South
Ocean Avenue that Landsman owns. They have been vacant for more than 10
years.

The suit quotes Chamber of Commerce president Vincent Grucci, speaking before
the village board in July, as calling Family Dollar shoppers "bottom feeders" who
"stay in their apartments and won't shop on Main Street."

The village denied the waiver because of the low-income and nonwhite shoppers
the store might attract, according to Landsman's suit.

"You cannot make zoning decisions based on who's going to shop in your
community," said Landsman's attorney, Robert Calica of Garden City. "That's
simply unacceptable and illegal."

Grucci, who is also named in the suit, said in an interview, "The Greater
Patchogue Chamber of Commerce has no comment regarding Mr. Landsman's
baseless, unfounded claim." Village Hall officials said Mayor Edward Ihne was out
of town and not available for comment. Other officials did not return calls.

It would be illegal for the town to make zoning decisions based on the race or
economic status of shoppers that a store would attract, said Leon Friedman, a
professor of constitutional law at Hofstra University. "It's certainly true that any
zoning decision based on race is illegal," he said. As for decisions based on the
income level of shoppers, he said, "Does high income translate to race? That's
the question."

As much as the village may want to create a high-end theater district around the
new Patchogue Village Theater, zoning isn't the way to do that, said Lee
Koppelman, the executive director of the Long Island Regional Planning Board.
"The purpose of zoning is to control the height, the bulk, the density and the
use," he said. But, he added, "the use is not the price that the merchandise is
sold at. The use is 'Is it retail? Is it wholesale?'"

Some business owners pointed out that with the loss of Swezey's department
store next month, Patchogue is not exactly in a position to be turning down
businesses interested in locating there.

"In my opinion, something is better than nothing," said Howard Glickman, the
owner of Michael's Camera Center, on Main Street, around the corner from
Landsman's empty storefronts. "Would I like to see a Starbucks move in there?
Sure I would. Would I like a Gap to move in there? Sure I would. But is that
going to happen? Probably not."

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