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The U.S. Court of Appeals decided a Brooklyn judge’s ruling that the Fire Department intentionally discriminated against black and Latino applicants went too far, and ordered a new judge hear that portion of the suit again due to questions of his impartiality. But they left in place many of the judge's other orders, such as finding that previous tests were discriminating, mandating retroactive pay for those who were unfairly screened out, and the appointment of a monitor to track progress in hiring people of color. That monitor's time was shortened to 5 years from 10 years, however. And the city won't have to hire outside consultants to hold minority recruitment campaigns. The court altered or removed 29 of the judge's 69 prohibitions and remedial steps.

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A judge struck down Mayor Bloomberg's sugary drink ban yesterday, calling the limits “arbitrary and capricious” with confusing loopholes and voluminous exemptions. The limits of city authority means some businesses, such as 7-Eleven, would still be able to sell the drinks banned in other stores if it passed. The administration will appeal, and likened the decision to a string of other lower court rulings against the city's initiatives that didn't stand up against appeal. The ruling was a surprise, as the judge had been expected to rule only on a request for a temporary restraining order. The mayoral candidates differed on the ban. For more, read our story on the ruling.

 

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Testimony began today on a class-action suit against an NYPD program that allows police to stop-and-frisk anyone in the halls and stairwells of private buildings enrolled in the 20-year-old Clean Halls program, which gives them permission to do so. The New York Civil Liberties Union and six black or Latino plaintiffs from the Bronx say the stops are unconstitutional and unwarranted. They claim the police have unlawfully stopped more than 1,000 minority residents for trespassing in those buildings. The Bronx District Attorney’s office has been tossing arrests made under the program unless the arresting officer was interviewed. Meanwhile, the department issued a directiveordering cops to document when an assistant DA refuses to take a case so it can be reported to and tracked by the legal bureau.

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A judge ruled that hundreds of protestors at the Republican National Convention in 2004 were arrested without probable cause on Fulton St. The city may now be liable for significant monetary damages. U.S. District Judge Richard Sullivan said police could not have known whether each individual there intended to break the law. He denied requests to make the same ruling for a group of protestors on 16th St. during the convention. The judge also decided that police broke the law by fingerprinting protestors with identification who were arrested that day. But the fact that protestors were arrested rather than issued summonseswas deemed acceptable, since intelligence sources found that demonstrators planned unlawful activity.

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