An issue of potentially not waiving the open container law in the village of Fredonia for a September weekend is posing a threat to a highly attended festival and also could lead to the dissolution of a volunteer effort.

In a letter sent to village trustees this week, members of the Festivals Fredonia committee expressed their displeasure and concern regarding the debate during held during the July 10 trustees meeting. That discussion led to a delay in approving the Red, White & Blues event — currently scheduled for Sept. 8 and 9 — by the Village Board.

Larry Fiorella, chairman of the volunteer group that schedules and plans numerous village events, said the lack of a decision July 10 put a dose of peril into the upcoming festival that celebrates the area’s wine, beer and food industry with a number of performances by bands at venues and Barker Common. “The prior trustees and I worked on the code revision to allow waiving the open container with trustee approval several years ago,” Fiorella wrote in the letter to village trustees. “I appreciate the efforts from that group. What we knew we could not change was the New York state liquor authority’s law prohibiting alcohol consumption off the premises of a bar or restaurant, hoping this would not become an issue, and so far, it has not.”

Fiorella sent the letter after an article in Monday’s OBSERVER that highlighted the issue. Trustee Jon Espersen was the most vocal in presenting concerns. “One of the items they’re requesting is to suspend the open container law throughout the village in front of establishments participating in the festival. That may be a New York state ABC (Alcoholic Beverage Control) law that we can’t supersede,” Espersen said.

Fiorella, however, notes the state’s law is directed at a restaurant or bar since customers cannot order an alcoholic beverage and then leave the establishment with the drink.

“The village really is not ‘on the hook’ from the (state) Liquor Authority, it’s really on the venues,” Fiorella wrote. “Festivals tries to mitigate the risk for the village with the appropriate insurance coverages, but nothing is 100% risk free; we all know that. Many of us, including me, have been to other events in other municipalities across New York state and have seen first-hand the ability to carry a plastic cup or a cup of your choice with some kind of alcoholic beverage, and I venture to guess that none of us have seen the venues stopped by the authority.”

Other village trustees include David Bird, James Lynden, Nicole Siracuse and Michelle Twichell. Mayor Doug Essek contributed to the conversation, but does not have a vote on a resolution unless there is a tie.

“We can’t fight the village at every turn,” said Ann Eckman, a Festivals Fredonia member, in a phone conversation this week. Eckman, who also serves as a member of the Pomfret Town Board, praised the work of Westfield and its First Friday event. Just this month, the village was able to get a portion of U.S. Route 20 closed that allowed for an expansion of the street fair. In addition, the open container law was not an issue.

Besides Red, White & Blues, which may be the most attended event planned by the group, the committee also assists in the Fredonia Easter Festival, Festival Italia, which celebrates Italian heritage, Fredonia Farm Festival, Harvest Moon Festival & Tours in October, and Miracle on Main Street in December.

Festivals committee members also expressed concerns about possibly not allowing the closure of a portion of Water Street during the Red, White & Blues for Saturday when a number of attendees gather for events and concerts. “We request this closure during the festival for one simple reason: safety,” Fiorella wrote. “For one day for a number of hours, there is no reason to keep Water Street open and risk harm to the attendees. The argument that it impedes fire safety is weak as last year there was an incident and the team was there in minutes. The businesses on Water Street, mostly bars that participate in the event, want the street closed for safety reasons. Please consider that with your decision.”

Fiorella, who admits frustration over this discussion, is not taking this issue with the village lightly. As a 10-year chairman and leading champion for the village, he admitted these types of disputes are wearing down many volunteers who want to see energy downtown that will help Fredonia and its business thrive. Festivals Fredonia has been in existence for nearly 30 years.

One of the other issues that Fiorella and the committee are battling the board on in recent months has been a proposal to raise vendor fees to $75 per event. Bird is the village trustee driving that issue that may ultimately lead to the end of all volunteer events — and Festivals Fredonia.

“As you have been made aware, the costs of doing business keep rising and we are trying to keep vendor fees down,” Fiorella concluded, threatening dissolution of Festivals Fredonia. “If either or both of these issues are resolved in a way that adversely influences the operations of the festivals, there will likely be no more festivals in the village. I hope this does not come to pass.”