The following is Part One of an ongoing series written by investigative journalist Ken Cosentino.
THE INCIDENT
Monday, April 21st – just one day after Easter, a Niagara Falls family’s sensory garden was confiscated and unintentionally trampled by Niagara Falls Department of Public Works (DPW) employees. The sensory garden occupied space on both public and private property. Adding insult to injury, they were then slapped with a $2,300 removal/clean up fee.
An uproar on social media led to two Niagara Gazette articles written by local investigative journalist Mark Scheer, who was then publicly dressed down by Council Chairman Jim Perry. The story was picked up by WGRZ, WKBW and WIVB, ultimately prompting a public statement from Mayor Restaino’s executive office.
Mayor Restaino did not mention the incident in his weekly address that same Friday, but he opened his video with an oddly placed message for Mark Scheer, saying “I appreciate the fact that Mark Scheer gathers information and spreads it out to the people who either subscribe to the extent that they do or purchase the local newspaper.”
Last Wednesday’s public statement from the City of Niagara Falls was an amazing nine page explanation of the DPW incident, issued by City Administrator Anthony Restaino. The city’s official statement will be fully analyzed and deeply scrutinized throughout this series.
Curious about how the city administration chose to portray the family as inconsiderate neighbors who were obstructing driveways that were not theirs; I went and knocked on the doors of both houses in question and spoke with both neighbors on each side of the family.
They both told me that they were not happy about being misrepresented as unsupportive of the family’s sensory garden. I canvased the neighborhood and spoke with several neighbors, all of whom loved the garden.
Before we get into the minutia of the incident (and what led up to it, according to both sides), it is critical to first analyze the city administration’s response to Scheer’s article.
THE SPARK THAT LIT THE FUSE
Last Tuesday, Council Chairman Jim Perry shared a public statement on his Facebook page, saying in part “Mark Scheer wrote recently in the Gazette about this house on Ontario Avenue. This is not a news story. It is a blatant twist of facts.” Perry was upset that major parts of the story were missing from Scheer’s article, despite the reporter’s best efforts.
Indeed, there was information missing from Scheer’s first article because the reporter was denied access to that information by the city administration. The City’s press release featured a grave misrepresentation of the family and how their garden was perceived by their neighbors. If Perry is fair, he should admonish the city administration for how the family was portrayed in the press release. Instead of trying to deescalate the situation, Perry defended the administration with blind loyalty and piled on; accusing Kenneth and Justine of being bad parents.
Perry’s full statement, along with Mark Scheer’s emails; will both be included at the end of this article.
There is no evidence that the city inspector even bothered to knock on the doors of either of the houses on each side of the garden house. Nobody bothered to ask those neighbors if they would like anything cleared from their private driveways. It was only assumed by the city that this was an issue. Both neighbors told me that they were not approached by anyone from the city, nor did they file any complaints. Both described Justine Burger, Kenneth Johnson Jr., and their three children as wonderful neighbors with whom they’ve never had a single problem.
News of this incident was shared rampantly on Facebook even prior to Scheer’s initial article, prompting Perry to lead damage control for the Restaino administration. The council chairperson is not supposed to be a mouthpiece for the executive office, but Perry appears to have accepted his role as Mayor Restaino’s useful idiot.
Perry’s attempt at publicly discrediting a local journalist for reporting the news is yet another whack at the First Amendment by the council chairman. Mark Scheer attempted to obtain all of the information about the incident via email to City Administrator Anthony Restaino, with very little success. He was denied permission to speak with DPW Director Ken Tompkins.
It’s now evident that a total lack of communication has the power to ignite the emotions of thousands of people. Once the news took off, an overwhelming majority of online comments were sympathetic towards the family who lost their garden. There was one positive outcome, as the media coverage started by Mark Scheer resulted in the family raising $2,700+ on GoFundMe to pay for the City’s fine as well as damages to the sensory garden. Though the community came together to heal their wound (even helping reconstruct several raised beds), it is unknown as to how the incident will affect the family’s autistic son, Kenneth III.
Had Mayor Restaino’s office originally provided answers to Mark Scheer’s initial questions, a lot more of the story would have been reported in the Gazette and we probably wouldn’t even be talking about it right now. Quite honestly, Jim Perry should be more upset with Mayor Restaino’s policies against the press than he is with Scheer’s reporting. Scheer attempted to get the full story, but what he got instead was still a pretty big scoop.
The Restaino administration is notorious for their total lack of transparency and pattern of hostile behavior towards the press. On primary election night 2023, an infuriated Mayor Restaino shoved WGRZ Reporter Ben Read’s camera lens because he asked Restaino what grade he would give the city.
THE DPW INCIDENT & SENSORY GARDENS
Niagara Falls residents Justine Burger, her fiancé Kenneth Johnson, Jr. and their three children (ages 2, 4 and 15) are the owners and creators of the now famous garden… or whatever is left of it. Justine and Kenneth teach their kids to love and appreciate nature. Their sensory garden in front of their home on Ontario Avenue was a testament to their family values. The idea for the sensory garden was planted when their autistic son Kenneth Johnson III (15) came home from school one day three years ago, excited about two blooming sunflowers from his class project that he was allowed to keep.
“We planted them and they took off,” says Justine, “He loved it and other kids in the neighborhood who are also autistic often stopped to talk with him about it.” Like Jack’s magic beanstalk, the garden grew from those two baby sunflowers as the family added onto it each year. Gardens that are created to soothe overstimulation for autistic individuals are called “sensory gardens.” Not only was the garden destroyed one day after Easter, it was also done during Autism Awareness month; showcasing Mayor Restaino’s indifference and insensitivity to those he’s supposed to serve.
It is a known fact that gardening often produces lifelong benefits for children with autism. The garden becomes a safe haven for the child, producing a cathartic calming effect. Such gardens are often referred to as “sensory gardens” because of the many different sounds, fragrances and textures that accompany digging, walking on gravel, rustling leaves, etc.; all of which can produce the therapeutic effect as Justine and Kenneth have described it.
Kenneth III’s sensory garden was unceremoniously destroyed and unintentionally trampled by Niagara Falls Department of Public Works (DPW) workers who were just doing their job as directed. Their family’s safe haven was invaded by city workers, and some even showed regret just for following orders.
While I have not been able to verify any threats to DPW workers, the city’s official statement says that threatening phone calls were made to the DPW office against DPW administration. It is unknown as to whether or not police reports have been filed against those callers, but the rank and file DPW workers are also victims in this scenario. Again, if there had been better communication from the top down, then perhaps most of this could have been avoided. The blame falls upon City leadership.
The city claims that the porch of the house was tagged on April 3rd with an Order of Cleanup, but there was no photo of the tag included in the press release. Johnson and Burger said that DPW Director Ken Tompkins told them the tag was put on their front stairs, but they say that they never saw it. They also say that they never received the Order of Cleanup that the City claims was sent to them in the mail, nor did their landlord receive a notice.
“I literally woke up and the department was tearing up my stuff,” says Johnson, who was home at the time as a result of a work injury which left him with third degree chemical burns on the soles of both his feet. “At first I thought they were here for the tree we’d been complaining to the city about for years.”
Burger and Johnson acknowledge that the part of the sensory garden which occupied the easement bordering the street, was on city property. It is considered unlawful to obstruct the “City’s right of way” or build anything on the easement, which is considered a part of the public sidewalk.
Due to this incident, residents across Facebook complained about having to regularly mow the lawn on city property, comparing it to serfdom.
But only a portion of the sensory garden was on the easement. Says Johnson, Jr. “If it was just the easement, we would say alright and cut our losses.”
Some of the bricks they used to construct the garden were painted by Justine and her children. Their autistic son Kenneth III was especially fond of the bricks that he painted with glow-in-the-dark paint.
According to Child and Neuro Psychiatrist Dr. Prakhar D. Jain, “The unique sensory experience [of glow-in-the-dark] fosters exploration and discovery, promoting sensory integration and cognitive development.” Dr. Jain continues, “Glow in the dark activities offer a captivating sensory experience for children with autism, focusing particularly on enhancing visual attention.”
Justine continued, “Me and my kids hand painted the red bricks. We painted some glow-in-the-dark and the kids put their handprints on them.” Johnson, Jr. added, “The glow-in-the-dark bricks were really special to my kids. It was a proud dad moment seeing how much my son loved that.”
Finger-painting is another form of sensory therapy for children with autism. Of course, the DPW workers couldn’t have known that… but nobody bothered to ask either. The City’s official statement says that complaints were made to two council members and to the city’s 311 system, dating back to December of last year. The City has not revealed which two council members received the complaints. An inspector visited the property on April 3rd and took note of the ordinance violations. However, questions remain about the City’s itemized list of violations which was not released with the official press release.
Part Two of this ongoing series will include an in-depth look into important misrepresented facts and the bending of city Ordinance 738.
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