BY ADAM ATKINSON
North Country This Week

POTSDAM — A local businessman and the village are finally coming to terms over a long legal battle over the Potsdam’s toilet gardens.

The lawyer for Hank Robar, owner of the gardens, told North Country This Week that the village and Robar had agreed to a “settlement in principle.”

Attorney Jon E. Crain of the Albany firm Whiteman, Osterman & Hanna LLP said terms have been agreed to but it would be a couple weeks for the paperwork to be finalized. He said until that time, he would not comment on specifics of the settlement.

The battle of the bowls began as something of a political statement in 2004 when Robar set up the first toilet garden after being denied a zoning variance to allow him to sell a building lot on Market Street to a Dunkin Donuts franchise.

Robar would go on to install similar gardens at other properties. Currently there are displays at 10 Pine Street, 79 Maple Street, 81-83 Maple Street, 85 Maple Street, 87 Maple Street, 82 Market Street and 84 Market Street.

After several failed attempts over the ensuing years to have the toilets removed, the village rolled out a revised junk storage code in 2018 which included rules on bathroom fixtures, including toilets and toilet fixtures. Several citations for Robar followed, along with a public hearing and finally the village’s resolution in September 2020 ordering the bowls be removed.

Robar then launched a lawsuit arguing that the toilet displays were essentially folk art and protected free expression. In September 2020, a U.S. District Court judge granted an injunction against the village from taking action against the Potsdam businessman or his toilet gardens.
The ruling declared that Robar’s gardens were protected speech and the act of displaying them was a protected expression.

Attorneys for Robar then submitted an amended lawsuit in October 2020 in response to a motion filed by the village in September asking the court to throw out his initial lawsuit against the village over the municipality's demands he tear down the toilet gardens. That amended suit demands a jury trial and damages of not less than $7 million be awarded to Robar.

In February of this year the village board voted unanimously to rescind its July 20, 2020 resolution which directed Robar to empty the properties of all toilets and bathroom fixtures before Sept. 1, 2020.