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Legal challenge targets Adams’ mental health moves

Erin Durkin and Anna Gronewold's must-read briefing informing the daily conversation among knowledgeable New Yorkers
Dec 09, 2022 View in browser
 
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By Erin Durkin and Anna Gronewold

From the moment New York City Mayor Eric Adams announced a plan to involuntarily hospitalize some New Yorkers with mental illness, it seemed clear that the courts would ultimately decide its fate. And it didn't take long for the first legal challenge to come: A coalition of groups filed an emergency request for a federal judge to block the plan from going into effect.

Under Adams' plan, people believed to have a mental illness and behave erratically in public could be taken to hospitals against their will if emergency responders determine they are unable to meet their own basic needs — a broadening beyond having to show they pose an active danger to themselves or others.

In the legal challenge filed Thursday, opponents argue the policy violates the U.S. Constitution and the Americans with Disabilities Act. "The City's latest policy change lowers the standard to such a level that almost anyone can be forcibly detained and hospitalized against their will," said Luna Droubi, a partner at the law firm Beldock Levine & Hoffman LLP. The filing was made as part of an existing class action lawsuit challenging the role of the NYPD in responding to mental health crises that was brought by groups including New York Lawyers for the Public Interest and individuals with mental disabilities.

Adams has been defending his policy as the only humane thing to do, and the city believes it will be able to make the case it is legally permissible as well. Law Department spokesperson Nick Paolucci said the push "fully complies with federal and state law, and we look forward to making our case before the court."

Homeless Outreach personnel reach out to a person sleeping on a bench in the Manhattan subway system.

Homeless Outreach personnel reach out to a person sleeping on a bench in the Manhattan subway system, on Feb. 21, 2022, in New York. | John Minchillo/AP Photo

IT'S FRIDAY. Got tips, suggestions or thoughts? Let us know ... By email: EDurkin@politico.com and agronewold@politico.com , or on Twitter: @erinmdurkin and @annagronewold

WHERE'S KATHY? Making a Penn Station announcement.

WHERE'S ERIC? Appearing on Caribbean Power Jam's "The Reset Show," speaking at a Department of Correction graduation and promotion ceremony, attending a viewing of Rev. Al Sharpton's documentary "Loudmouth," and speaking at the opening night of Circus Abyssinia: Tulu.

 

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WHAT CITY HALL IS READING

Council skeptical as mayor unveils sweeping plan to speed up development , by POLITICO's Janaki Chadha: Mayor Eric Adams' push to boost housing production by easing land use and building regulations will need buy-in from the City Council, but the effort was met with some skepticism on Thursday. The mayor detailed the initiative in a wide-ranging speech on the city's housing shortage, pledging more than 100 reforms to accelerate environmental reviews, land use approvals and building permits that he says "will help us build faster, smarter and cheaper." ... 14 of the proposals will need Council approval, while another two will need state action. Council housing committee chair Pierina Sanchez slammed the administration on Thursday for not sufficiently including the Council during the plan's development.

— " Bronx Takes Center Stage in Adams Housing Development Push ," by The City's Katie Honan, Jonathan Custodio and Samantha Maldonado: "The Bronx plays a starring role in Mayor Eric Adams' push to promote the construction of more housing, with a commitment announced Thursday to spur development along four new Metro-North stations set to open on the borough's east side."

" NYC Councilman Ari Kagan steps down as committee head after Dem-to-GOP flip ," by New York Daily News' Michael Gartland: "Councilman Ari Kagan, who earlier this week announced he was leaving the Democratic Party to join the Republicans, has resigned as chairman of the Council's resiliency committee. His resignation on Wednesday came just days after Council Speaker Adrienne Adams suggested publicly there would be consequences for his defection."

" NYC Council Committee holds hearing on bill ending tenant criminal background checks ," by ABC 7: "A bill under consideration by the NYC City Council would ban landlords from performing criminal background checks on prospective tenants. Supporters of the measure say lifting background checks would prevent discrimination while opponents say eliminating the screening is dangerous. The Committee on Civil and Human Rights held an initial hearing Thursday morning on the Fair Chance for Housing Act. Those in favor of the bill said landlords have been able to legally discriminate against people with criminal records, only adding to homelessness and crowding in shelters."

" Mayor Adams' rat infestation ticket is dismissed ," by New York Daily News' Michael Gartland and Chris Sommerfeldt: "Mayor Adams is no longer on the hook for a $330 ticket for a rodent infestation at his Brooklyn home, a review of city records shows. As the Daily News first reported last Friday, Adams, who has made killing rats his mission, failed to pay the ticket for months after being cited in May for 'active rat signs' and 'fresh rat droppings' at his Lafayette Ave. property."

Mom asks court to force city to teach students at noncompliant religious school , by POLITICO's Madina Touré: The mother of a Brooklyn yeshiva student is asking a state court to force the city's Department of Education to step in at the private, religious campus and provide an adequate secular education, according to a first-of-its-kind lawsuit. The request comes after the state Education Department concluded for the first time in October that the school, Yeshiva Mesivta Arugath Habosem in Williamsburg, was not meeting its obligation to provide adequate secular education in subjects like math and science.

PARTY TIME — Mayor Eric Adams chalked up his surprise visit to former Gov. Andrew Cuomo's 65th birthday party this week to nothing more than his well-known penchant for the city's nightlife. "Well, I like birthday parties," the mayor said Thursday, when asked about his attendance at the soiree, which was reported in Page Six . "I like birthday parties; you get a chance to socialize. There was [a] good group of people in there."

The mayor — whose active social life at some of the city's swankiest spots has been the subject of intrigue over the past year — stopped by Cuomo's party at the Sutton Place home of Kenneth Cole and Maria Cuomo Cole. "I was invited, so I popped in," Adams added. "I think we did six or seven events that night and that was one of the events. And I stopped in, wished him a happy birthday and then I bounced. Kept it moving." Adams — a vocal opponent of "cancel culture" — has embraced Cuomo , despite reports of workplace sexual harassment that led to Cuomo's resignation. — Sally Goldenberg

WHAT ALBANY'S READING

Comptroller: Poverty in New York state still worse than national levels ," by WNYC's Michelle Bocanegra: "Poverty in New York state continues to outpace national levels and those of neighboring states, with racial minorities and other historically marginalized groups bearing the heaviest burden, according to a report released Thursday by state Comptroller Tom DiNapoli. The percentage of New York residents living below the poverty threshold landed at nearly 14% in 2021, more than a percentage point higher than the national rate, according to the Census Bureau's Official Poverty Measure."

MARK YOUR CALENDARS: Hochul's State of the State address will be January 10 in the Assembly chamber in Albany.

" NY AG Letitia James' ex-chief accused of sexual harassment got $30K raise this year ," by New York Post's Carl Campanile: "Ibrahim Khan, New York Attorney General Letitia James' chief of staff, who resigned after sexual harassment allegations, received a fat $30,000 salary hike this year — and he's still on the payroll through year's end. Payroll records obtained by The Post show that Khan's salary jumped from $205,663 to $235,000 in March during James' bid for re-election. Khan, James' chief of staff for 10 years, was considered a top political adviser with ties to the attorney general's campaign consultants the Mirram Group — co-founded by Roberto Ramirez and Luis Miranda, the dad of playwright Lin Manuel-Miranda."

— " Mayor Adams, NY Dems support AG James as she weighs criminal referral for top aide accused of sexual harassment ," by New York Daily News' Michael Gartland and Denis Slattery: "Attorney General Letitia James' fellow Democrats came to her defense Thursday as she faces criticism and weighs a criminal referral after her chief of staff resigned amid allegations of sexual harassment. Mayor Adams stood by the state's top prosecutor a day after a former aide who accused Ibrahim Khan, James' longtime chief of staff, of forcibly kissing her slammed the attorney general's handling of the matter."

" Lawsuit seeks end to NY's ban on jurors with felony records ," by The Associated Press' Michael R. Sisak: "A New York civil rights organization sued the state's court system Thursday seeking to overturn a law barring people with felony convictions from serving on juries. The New York Civil Liberties Union argues that the statute spelling out qualifications for jury service disproportionately excludes Black men, leaving Black people significantly underrepresented in the jury pool."

#UpstateAmerica: Where will Wegmans go next? See if you can guess from the clues mapped out in its previous choices.

 

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DELEGATION

" After decadelong fight, Gillibrand wins military justice reforms ," by Buffalo News' Jerry Zremski: "Sen. Kirsten E. Gillibrand's decadelong battle to reform the military justice system finally ended in victory this week, as congressional negotiators agreed to put the prosecution of a host of felonies such as sexual assault fully in the hands of professional prosecutors rather than military commanders. Gillibrand's suggested reforms were included in a must-pass compromise defense authorization bill for fiscal 2023, marking the culmination of a long battle in which Gillibrand, a New York Democrat, scored comparatively modest victories until this week."

AROUND NEW YORK

— The subway seating arrangement with seats in groups of two and three will be eliminated on future train cars.

— A former NYPD cop was sentenced to 25 years to life in prison for the murder of his autistic son.

— Students occupied the New School's university center in support of striking faculty members.

— Subway token booth agents will be spending more of their time outside the booths and moving around stations.

— NorthPoint Development was awarded conditional designation to develop the massive Staten Island wind power manufacturing port.

— Hochul signed new safety measures for space heaters into law after a fire killed 19 people in the Bronx back in January.

— Adams backed an effort in Albany to study reparations for slavery.

SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: Tricia Enright of the Senate Commerce Committee … Brunswick Group's Neal Wolin … ABC's Terry Moran … FGS Global's Eric Wachter … K&L Gates' Darrell Conner … Alexander Fleiss … Jonathan Wald

MAKING MOVES — Chapin Fay has joined Actum LLC as managing director. He most recently ran his own firm, Lighthouse Public Affairs.

Real Estate

" Seven Months After Contested Atlantic Ave. Upzonings, Details Finally Emerge ," by City Limits' Norman Oder: "In April, Central Brooklyn Councilmember Crystal Hudson surprised some observers when she triumphantly announced a 'paradigm shift' for securing affordable housing at two proposed 17-story developments in Prospect Heights and Crown Heights, after earlier suggesting the applicants wait for a more comprehensive plan for the under-built Atlantic Avenue corridor."

" Manhattan Borough President Adds Affordable Housing Focus to Community Board Appointment Process ," by Gotham Gazette's Samar Khurshid: "Manhattan Borough President Mark Levine is opening up the annual application process for community boards on Thursday with a new question on the application, asking would-be members about their priorities around housing development in the borough as part of an effort to encourage pro-housing voices in local matters."

" Pilot program pays for homeless and housing-insecure CUNY students' rent ," by Gothamist's Chau Lam: "Sixteen students at Medgar Evers College in Brooklyn who experience homelessness or housing insecurity are getting their rents paid as part of a pilot program its backers hope could be replicated throughout the city's public university system and elsewhere. The Neighborhood Coalition for Shelter, a nonprofit based in Manhattan, says the financial support could help CUNY students earn a college degree, and lift them and their families out of poverty."

 

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