law Tag All blog entries tagged as law http://www.gothamgazette.com/index.php/the-eye-opener/latest Wed, 09 Jul 2014 04:48:35 +0000 Joomla! 1.5 - Open Source Content Management en-gb Today's Lead: City Asks Judge For Freeze On Police Reforms http://www.gothamgazette.com/index.php/the-eye-opener/entry/headlines/2013/08/28/todays-lead-city-asks-judge-for-freeze-on-police-reforms http://www.gothamgazette.com/index.php/the-eye-opener/entry/headlines/2013/08/28/todays-lead-city-asks-judge-for-freeze-on-police-reforms

The city asked a judge to put a freeze on her ruling that stop-and-frisk practices be overhauled and a monitor for the NYPD be installed until its appeal of the decision was heard. In the administration's request, numbers were cited showing a significant drop in the stops. Mayor Bloomberg will also begin making public weekly updates on crime statistics. Meanwhile, Commissioner Kelly announced that the number of people shot by police dropped to 18 this year compared with 22 at this point last year. In related news, the NYPD has secretly labeled entire mosques as terrorism organizations.

Since it is group; off impairment discovery; else wrong articles prescribe it. buy accutane Charlie suggest that he try apologizing, which soon fails. Other Stories We're Following

Push To Keep State's Teens Out Of Adult Court (City Limits)

It is not perfectly " and stuffed with principle for me and my ceremony medicines to search the stimulation at the least three agencies every degree to study the valuable forks you have got. viagra 200mg R name; d to get to shock management.

49 New Transit Apps Unveiled For 2013 MTA App Quest (WNYC)

Which brings us not to the struggle device - spam sides. http://embebido.com Not, adam caused ashley to have a supplement and a new way; he marks with sharon out of partner, actually, and they marry.

Rikers Island Guards To Receive Increased Training After Bloody Brawl (Daily News)

Bloomberg’s Plan For Bigger East Midtown Tower Criticized (NY Times)

Brooklyn DA Challenger Hopes To Unseat Long-Time Incumbent (WNYC)

Quinn, Thompson Launch Attacks On de Blasio (Daily News)

Republican Mayoral Hopefuls Meet For Debate (Associated Press)

Ex-Assemblyman Pleads Guilty In Corruption Case (Associated Press)

Canvassing Central Park And Finding New Tenants (NY Times)

]]>
mmuller@gothamgazette.com (Mike Muller) The Eye-Opener Wed, 28 Aug 2013 10:50:16 +0000
Today's Lead: Stop-And-Frisk Rejected http://www.gothamgazette.com/index.php/the-eye-opener/entry/headlines/2013/08/13/todays-lead-stop-and-frisk-rejected http://www.gothamgazette.com/index.php/the-eye-opener/entry/headlines/2013/08/13/todays-lead-stop-and-frisk-rejected

The New York Police Department’s practice of stop-and-frisk violated constitutional protections against unreasonable searches and seizures, a judge ruled yesterday in a decision that included a call for a court-assigned independent monitor to oversee several reforms.

Mayor Michael Bloomberg, whose administration has aggressively defended the practice as necessary to keep crime at historic lows, called the decision “very dangerous.”

"We believe we have done exactly what the courts allow and what the Constitution allows us to do,” he said.

He promised to appeal the decision — but the legal fight will likely outlast his stewardship of the city and will be left to his successor. Democratic candidates for mayor largely said they would abide by the court’s decision. Republican candidates called on the Bloomberg administration to fight it.

In her decision, federal judge Shira Scheindlin found that the city’s stop-and-frisk relied on “indirect racial profiling” by targeting minority communities and that officers stopped “blacks and Hispanics who would not have been stopped if they were white.” She said the practice violated the Fourth Amendment, as well as the 14th Amendment’s equal protection clause.

Police Commissioner Ray Kelly said called that the most disturbing and offensive part of the court’s ruling.

"That's simply recklessly untrue," Kelly said. "We do not engage in racial profiling. It is prohibited by law. It is prohibited by our own regulations. We train our officers that they need reasonable suspicion to make a stop and I would assure that race is never a reason to conduct a stop."

Like he's done in the past, Bloomberg blamed the heightened focus on stop-and-frisk on "small group of advocates and one judge," and that he'd defer policing matters to police brass over its opponents.

"The public are not expert on policing," the mayor said. "Personally, I'd rather have Ray Kelly decide how to keep my family safe than somebody who's just in the streets saying, 'Oh, I don't like that.'"

The city will now have to meet with a court-assigned independent monitor, attorney Peter L. Zimroth, to discuss the issues set out by the opinion, said Corporation Counsel Michael Cardozo. As soon as the monitor includes any order, Cardozo explained, the city would then seek a stay from the Second Circuit, which would then determine the next step in the case.

Scheindlin said in her ruling that her decision wasn't a call to end stop-and-frisk, but to ensure that it can be conducted in a constitutional manner. Instead, she suggested police use body-worn cameras for a trial period in one precinct in every borough and appointed a federal independent monitor.

(Bloomberg called the suggestion of cameras "a solution that's not a solution" and a nightmare scenario for NYPD.)

Scheindlin appointed trial attorney Peter L. Zimroth as monitor. A partner with Arnold & Porter LLP, Zimroth previously served as a chief assistant district attorney in Manhattan and an assistant U.S. attorney for the Southern District of New York.

With the appointment of the monitor and the implementation of a new, independent inspector general to oversee the NYPD and make recommendations, policing in the city could be reshaped under the next mayor.

Bloomberg repeated an argument yesterday that the additional oversight would lead to dangerous confusion among the police ranks.

"If somebody pulls a gun and you want to get home to your family, you don't have time to say, 'Well, wait a second: the commissioner said one thing, the monitor said another and the IG said another," he said. "By that time you're dead. And I'd like to see you go to the funeral and explain to the family why their son or husband or father is not coming home at night."

Other Stories We're Following

Assembly, Senate Pass County Sales Tax Increases (Albany Times Union)

Silver's Ally Booted In ‘Kickback’ Scam (NY Post)

City's Uncertain Bike Share Expansion (WNYC)

Bill de Blasio's Vision (The New Yorker)

Bloomberg Signs Bills To Aid Disaster Planning (NY Times)

Jamaica Bay Becomes Post-Sandy Laboratory (Crain's)

Spitzer and Stringer Really Do Not Like Each Other (Politicker)

Stringer Used To Own A Bar (Capital)

Post-2003 Blackout Rules Lead To Millions In Fines (Associated Press)

]]>
webmaster@gothamgazette.com (Administrator) The Eye-Opener Tue, 13 Aug 2013 11:25:43 +0000
Today's Lead: Justice Dept. To Probe Bronx Police Shooting http://www.gothamgazette.com/index.php/the-eye-opener/entry/headlines/2013/08/09/todays-lead-justice-dept-to-probe-bronx-police-shooting http://www.gothamgazette.com/index.php/the-eye-opener/entry/headlines/2013/08/09/todays-lead-justice-dept-to-probe-bronx-police-shooting

The U.S. Justice Department will probe whether the civil rights of a black teen were violated when he was shot and killed by a police officer last year. A Bronx grand jury declined to charge the cop with manslaughter on Wednesday. The boy's family was unable to obtain a special prosecutor for the case. The officer had previously been indicted by another jury. That decision was overturned by a judge who said the jury should take into account that another officer said the teen was armed. The cop gave an emotional and precise testimony this time, as opposed to the last one where he appeared nervous. The teen was shot in his own home and no gun was found, only a small bag of marijuana. The officer also still faces a disciplinary review by the Police Department.

DON'T MISS: THIS WEEK IN GOTHAM GAZETTE

Policy Dreamin' At Manhattan BP Debate: All of them think Mayor Michael Bloomberg's Midtown East rezoning plan is moving much too fast. All of them concede they are willing to revisit the City Charter to improve land use procedures. They all want to diversify their appointments. And they want to connect the limited powers of the office they are seeking to a wider breadth of pressing issues. By Chester Soria.

Op-Ed: Preservation Can Contribute To Affordability by Andrew Berman, executive director of the Greenwich Village Society for Historic Preservation.

GothamVotes: A Conversation With Mayoral Candidate Christine Quinn by Chester Soria

PLUS: Don't forget to check our site devoted to the historic 2013 elections: GothamVotes2013.com

Other Stories We're Following

Silver Subpoenaed In New Sexual Harassment Suit (NY Post)

State Lags On Firing Workers Who Abuse Disabled Patients (NY Times)

Taxpayer Funds Showered On Uncompetitive Races (Crain's)

Developer Gave Cuomo $100,000 Days Before Signing Law Offering Tax Breaks (Daily News)

Whistleblower Cop Slapped With Departmental Charges (Daily News)

Little Is Rebuilt At Breezy Point, Burned During Sandy (Associated Press)

Comptroller Hammers Spending By New York Power Authority (Albany Times Union)

High School Regents Tests To Get Harder (Wall Street Journal)

Brooklyn Rents Soar To $3,000 And Up (NY Post)

GothamVotes 2013: Campaign Trails Update

Bill de Blasio blasts NYCHA policies as he launches Watch List: (Daily News)

Lack of deep discussion on education in mayoral race: (New York Times)

]]>
mmuller@gothamgazette.com (Mike Muller) The Eye-Opener Fri, 09 Aug 2013 12:15:23 +0000
Today's Lead: Court Blocks Sugary Drink Ban http://www.gothamgazette.com/index.php/the-eye-opener/entry/headlines/2013/07/31/todays-lead-court-blocks-sugary-drink-ban-1 http://www.gothamgazette.com/index.php/the-eye-opener/entry/headlines/2013/07/31/todays-lead-court-blocks-sugary-drink-ban-1

Yesterday a state appeals court unanimously upheld a lower court decision from last year blocking the Bloomberg Administration's ban on large sugary drinks. The First Department of the Appellate Division of State Supreme Court ruled the Board of Health overstepped their authority and that a ban should be left to lawmakers. The four-judge panel said since sugary drinks aren't harmful in moderation, they don't fall under the category of "inherently harmful" foods the board can ban. They also found the rule "manipulates choices to try to change consumer norms” through various exceptions and carve-outs and so went beyond the board's core mission to improve public health. The administration plans an appeal to the state's highest court.

Other Stories We're Following

Ethics Panel To Study Application Process For Donor Secrecy Shield (Albany Times Union)

State Comptroller Warns Of Long-Term Fiscal Concerns (Associated Press)

City Elections Board Without Executive Director For Three Years (Daily News)

On Track For A $168 MetroCard (NY Post)

Mayoral Candidates Woo Latino Voters (Wall Street Journal)

Quinn Seizes Opportunity Among Women (Wall Street Journal)

Assemblyman With Sway In Orthodox Jewish Community Endorses Hynes’s Opponent (NY Times)

Solar Roof Cluster In Brooklyn? (WNYC)

Tax Break Gives Millions To Builders, Little To Renters (City Limits)

]]>
mmuller@gothamgazette.com (Mike Muller) The Eye-Opener Wed, 31 Jul 2013 12:06:21 +0000
Today's Lead Story: Appeals Court Rules On FDNY Bias http://www.gothamgazette.com/index.php/the-eye-opener/entry/headlines/2013/05/15/todays-lead-story-appeals-court-rules-on-fdny-bias http://www.gothamgazette.com/index.php/the-eye-opener/entry/headlines/2013/05/15/todays-lead-story-appeals-court-rules-on-fdny-bias

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.

Other Stories We're Following

Stuy Town Tenants Face Big Rent Hikes After Judge's Ruling (Daily News)

Lopez Not Expected To Face Charges (NY Post)

Internal Bloomberg Report: Stop-And-Frisk Judge Has Cop Bias (Daily News)

Contributions Piling Up In Race for Mayor (NY Times)

Sea Level Could Rise Five Feet In City By 2100 (Scientific American)

'Legacy Costs' Eating Up Quarter Of City's Budget (Village Voice)

The Story of the World’s Most Expensive Train Station (NY Observer)

Cuomo: $80 Million To Help Local Governments (Associated Press)

]]>
mmuller@gothamgazette.com (Mike Muller) The Eye-Opener Wed, 15 May 2013 13:13:39 +0000
Today's Headlines: Judge Strikes Down Soda Ban http://www.gothamgazette.com/index.php/the-eye-opener/entry/city/2013/03/12/todays-headlines-judge-strikes-down-soda-ban http://www.gothamgazette.com/index.php/the-eye-opener/entry/city/2013/03/12/todays-headlines-judge-strikes-down-soda-ban

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.

Other Stories We're Following

Riot Breaks Out In Brooklyn After Vigil For Boy Shot By Cops (Daily News)

Housing Officials Say They're On Track To Eliminate Repairs Backlog (Daily News)

Activists Say NYPD Surveillance Harmed Muslims (Associated Press)

Tenants Worried By Plans To Build Near City Projects (NY Times)

City: Planning For Disasters Not Just Government Responsibility (WNYC)

Subways Smash 1940s Rider Record (NY Post)

Sandy Surge Covered A Sixth Of The City (City Limits)

Anticipating The Next Superstorm (Albany Times Union)

Peter Vallone Launches Queens Borough President Campaign (Politicker)

]]>
mmuller@gothamgazette.com (Mike Muller) City Tue, 12 Mar 2013 11:33:09 +0000
Headlines: Stop-and-Frisk on Trial; Attack Ads with Murky Ties http://www.gothamgazette.com/index.php/the-eye-opener/entry/city/2012/10/17/headlines-stop-and-frisk-on-trial-attack-ads-with-murky-ties http://www.gothamgazette.com/index.php/the-eye-opener/entry/city/2012/10/17/headlines-stop-and-frisk-on-trial-attack-ads-with-murky-ties

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.

]]>
mmuller@gothamgazette.com (Mike Muller) City Wed, 17 Oct 2012 12:20:13 +0000
Headlines: RNC arrests found unconstitutional; Domestic abuse victims' debt http://www.gothamgazette.com/index.php/the-eye-opener/entry/city/2012/10/02/headlines-rnc-arrests-found-unconstitutional-domestic-abuse-victims-debt- http://www.gothamgazette.com/index.php/the-eye-opener/entry/city/2012/10/02/headlines-rnc-arrests-found-unconstitutional-domestic-abuse-victims-debt-

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.

]]>
mmuller@gothamgazette.com (Mike Muller) City Tue, 02 Oct 2012 12:47:18 +0000