Excerpts from "Peep Show For Children Only"

MR. RILEY: We have something we'd like to discuss on the record, too, if that's okay, Mr. Simon. This morning Mr. Warwak, who owns the yellow Harley motorcycle that's out in front, was going up and down the street, Orchard Street, directly in front of the school, middle school, gunning and revving it up and down for a period of probably about ten minutes. Had to call the police to notify them that this was going on. We would have called the police to notify them that anybody who was gunning the motorcycle up and down in front of the middle school. It has an intimidating on effect on any student because they can all hear it and it is intended to have an intimidating effect on these students. And we would like to discuss the question of what kind of order you could enter to prohibit Mr. Warwak from doing these types of things and engaging in these kind of antics designed to intimidate these students. Every single one at that school hears this. And he was also -- I want also to say something else. Monday he was outside the school taking photographs. And we mentioned this originally. Taking photographs of the kids. He has a sign that was placed across the street that's on private property, meat is murder, milk is misery. And he's out there taking photographs of kids as they're entering and leaving the school. We can't have this in a middle school environment.

ARBITRATOR SIMON: Mr. Warwak.

MR. WARWAK: Regarding pictures, I don't have any pictures. I didn't take any pictures. Regarding --

MR. RILEY: Did you have a camera? Did you have a camera?

MR. WARWAK: Excuse me, I'm talking. I'm trying to answer to your charges. In regards to going down the street, I was -- I arranged with the person that lives across the street to remove the sign. And when I had drove down the street, I had timed it to where I would get here a little early but I didn't want to get so early that the students were there. I saw the kids were already in the building at that point and Dr. Mahaffy was standing out there alone. There were no students really out there. And I had to go to the house right next door to take the sign down. And I didn't want to come in contact with any students so I went around the block, then I went to that house and I took down that sign. I didn't do anything criminal.

ARBITRATOR SIMON: How many times did you go up and down the street?

MR. WARWAK: I went around the street one time to make sure that the students were all in and then I went to that house and I took down that sign.

MR. RILEY: It's right in the morning when the kids are entering school. We all know this. And also there's no excuse for – I still don't think I had an answer to the question of whether or not he had a camera in his hand at the time.

MR. WARWAK: I didn't take any pictures.

MR. RILEY: Did you have a camera and did it -- my question is, were you making it appear that you were taking photographs of the kids?

MR. WARWAK: No, I did not.

MR. RILEY: Did you have a camera in your hand?

MR. WARWAK: I object to this line of questioning.

MR. RILEY: This is terribly intimidating to these kids, and we can see the effect -- you know, how nervous they are to begin with. This is really -- I have to say this, it's outrageous.

MR. WARWAK: If I am prohibited from being within a certain distance of the school, you can issue an order to that and I'll stay away from that distance. I have a right to ride down the street and go to someone's house that is not even on school property.

MR. RILEY: And to intimidate fifth, sixth, seventh and eighth grade kids in this hearing. He could have gone any time.

ARBITRATOR SIMON: Mr. Warwak, all I can really do is ask you to not engage in any conduct that could be construed as intimidating any of the witnesses, whether they're children or adults in this case. I don't know how much more authority I have, Mr. Riley.

MR. RILEY: We could order him not to come within 200 -- two blocks of the school while this hearing is going on. I think Mr. Warwak said he would abide by that. He said he would abide by other orders and hasn't done that either.

ARBITRATOR SIMON: Would you agree to that, Mr. Warwak?

MR. WARWAK: I agree not to go on school property but when it comes to driving down the road or visiting a friend that lives across the street, I can't agree to that. That would be against the law.

MR. RILEY: He could do it not -- not between the hours of 7:00 a.m. and 4:00 p.m.

ARBITRATOR SIMON: I think the extent of my authority as a hearing officer, I'm not a judge, is related to this hearing. And I think all I can ask you to do is or direct you to do is to refrain from any actions that could be construed as intimidating any of the children at the school, teachers, or any other witnesses.

MR. WARWAK: Okay.

MR. RILEY: Thank you, Mr. Simon.

ARBITRATOR SIMON: Okay.

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