Bagelgate: NJ Shop Owner Not Giving Up Battle Against Town

WEST ORANGE, NJ — If you ask Jarrett Seltzer to share his opinion about why the Township of West Orange is threatening to fine him thousands of dollars, the punk rocker-turned- restaurateur's reply is typically straightforward.

“They just don’t like that the people finally have a voice,” Seltzer says. “They aren’t used to people standing up to them.”

The controversy surrounding Bagels By Jarrett isn’t so simple, however. On the surface, it’s a relatively benign debate: Is Seltzer’s popular bagel shop violating town building codes by covering up some of his windows with shades?

The answer to that question – which is currently being played out in court – has high stakes for Seltzer if he loses his case: a $1,500-per-day fine.

The unusual situation has captured the attention of many West Orange residents and local foodies on social media, with spirited debates taking place via several Facebook groups that cover the township.

Need to get caught up to speed with the details? Check out our recent article: Jarrett vs. Town Hall; Feud May Cost West Orange Bagel Baron Big Bucks

The pricey penalty is only one reason that the controversy has raised such an outcry online, according to Seltzer, who has been waging a one-person battle for the hearts and minds of his neighbors on Facebook and Instagram over the past year.

“People are pissed off because they watched this business build from the very start,” Seltzer told Patch on Thursday. “I was giving away bagels for years from home and they were all part of that.”

The town code that Seltzer allegedly broke, Section 14-8.2 (b) – Appearance of Exterior of Premises and Structures, reads as follows:

“All windows shall be left uncovered and shall not be opaque to the public view. All windows exposed to public view shall be kept clean and free of marks or foreign substances. No stock or inventory shall be permitted in the window display area. All screening of interiors shall be maintained clean and in a good state of repair. Under extraordinary circumstances and with the advance written permission of the Director of the Planning Department certain areas of the window may be screened from the public view.”

Seltzer has also been accused of violating another section of the code, which reads: “No more than 33 and 1/3 percent of the square footage of any single window shall be devoted to signs.”

“We had to do that to block the back of commercial equipment,” he explained to Patch. “Keep in mind, all of this equipment was on our plans which were approved by the zoning official before we got our permits for both the original side and the expansion side.”

“The code mentions ‘screenings of all interiors must be clean and maintained,’ which means you can have window treatments,” he said. “How on Earth has the town allowed a zoning official to pursue this?”

Seltzer has contended that the town’s murkily written code isn’t the only unfair angle to the case. Take a cruise around the block and you’ll find plenty of other stores with window coverings, he points out.

“There are businesses in this complex with window shades that are always down … and to me that’s OK, because the code doesn’t say you can’t have window shades,” Seltzer said.

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Town officials have disputed Seltzer’s claims that he’s being targeted, however, and have insisted that they have tried to reach out to him and find a way forward – with no success.

According to West Orange Mayor Susan McCartney, the town has already made several exceptions for Bagels By Jarrett, including letting him keep three of eight windows “100 percent covered.”

“My understanding is that he has been out of compliance covering his windows 100 percent since November of 2022,” McCartney recently told Patch. “That's when this all started.”

The mayor said that she’s seen social media posts about the situation, and that people may “tend to lean towards feeling sorry” for Seltzer.

“There's no reason why you can't open the blinds,” she said. “And I know it sounds so trivial. It really does. And I guess that's part of his power play, to make it seem like it's so trivial. And yet we're making such a big deal about it.”

“I think that in all fairness, we did try to work with him,” McCartney said, adding that the perception that the town is “targeting” Seltzer isn’t accurate.

The mayor also said some stores that seem to be in violation of the window code may have been granted variances that allow their shades to remain in place.

COURT UPDATE

On Tuesday, Seltzer and his attorney went to West Orange municipal court to fight two citations from the town, one which he received in mid-July and another that he got on Aug. 2.

Their opposition? Richard Trenk, the embattled township attorney who is representing West Orange in the case.

Seltzer gave the following update after his Aug. 22 court appearance, which included a not guilty plea:

“Tuesday’s court appearance was pathetic … Town attorney Richard Trenk told my attorney his offer was to allow us to keep two windows covered (that are blocking refrigeration) and we couldn’t have any other window treatment. I also was told I’d have to plead guilty and pay a fine. When asked about how much the fine was, Trenk wouldn’t give my attorney an answer. Later on, Trenk told my landlord he wanted to fine him $30,000. I was not going to plead guilty to an undisclosed fine when he’s saying $30,000 for window shades that everyone else has, and that were on the prior businesses here. Keep in mind, these are existing – the last tenants had them. My landlord has owned this property for roughly 30 years and says he’s never been sent a violation for window shades.”

A future court date has been set for Oct. 17.

Patch reached out to Trenk’s office seeking comment on the Bagels By Jarrett case, and received the following reply:

"The Township of West Orange has an ordinance similar to most suburban communities which provides that only one-third (33%) of commercial business windows can be covered. The ordinance has been in effect and enforced for decades. It is aimed at insuring safety and access. It also provides uniformity and militates against an unsightly proliferation of signs. The township encourages and supports thriving small businesses like Bagels by Jarrett and always will. When these issues were raised months ago, after unpermitted construction was identified at the site, numerous meetings and discussions occurred and repeated notices."

"Unfortunately, the proprietor does not believe this law applies to his storefront," Trenk continued. "The current summons was issued only after concessions and exceptions to the ordinance were made by township officials and the mayor in an effort to resolve the situation with the owner."

"The Township of West Orange supports businesses and desires them to be successful but also has responsibility of overseeing the enforcement of regulations," Trenk said. "Previous discussions between the business owner and town officials, including Mayor McCartney, have been unsuccessful in bringing the matter to a resolution."

Trenk added:

"The township’s position is that all businesses should follow the appropriate ordinances. Fines are fixed by the court after a full hearing. Plea negotiations are not admissible in any type of proceedings. To the extent that Mr. Seltzer is disclosing his attorney’s discussions with him that may waive his attorney client privilege."

‘PEOPLE ARE ANGRY’

It isn’t just the situation with Bagels By Jarrett that is whipping the town into such a frenzy, Seltzer argues. Like the Stay Puft Marshmallow Man in “Ghostbusters,” it’s merely the form that an undercurrent of frustration with the town’s government is taking.

“People are angry with this administration, and it’s not just because of my situation,” Seltzer said.

“They just don’t like that the people finally have a voice,” he said. “They aren’t used to people standing up to them.”

“The town attorney gifted our library to a developer and the New Jersey Supreme Court ruled against him,” Seltzer said, referring to a recent real estate development case. Read More: NJ Supreme Court Rules On West Orange Library Dispute

Meanwhile, the town’s mayor is suing the town council because they voted to not renew the town attorney’s contract, he added. Read More: West Orange Mayor Sues Town Council; Trenk Saga Continues

The small business owner is quick to add that people should aim their frustrations in the right direction and remember that in the end, everyone in West Orange is part of the same community.

“Sharing the story and getting this out there is all I ask people to do,” he told Patch. “I would ask anyone pissed off to remain civil – there’s no need to get out of line.”

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