Wednesday, February 10, 2021

POLITICO New York Playbook: NYC surpasses 1M vaccinations — Court blocks religious capacity rules — Brindisi calls for election probe

Presented by New Yorkers for Responsible Gaming: Erin Durkin and Anna Gronewold's must-read briefing informing the daily conversation among knowledgeable New Yorkers
Feb 10, 2021 View in browser
 
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By Erin Durkin and Anna Gronewold with Jonathan Custodio

Presented by New Yorkers for Responsible Gaming

New York has now surpassed one million coronavirus vaccinations, hitting the mark with 1,032,158 doses given out as of Tuesday. That may sound like a lot, but remember that Mayor Bill de Blasio pledged to do a million vaccinations in the month of January alone, on top of the ones already done in December. Now well into February, it's fair to say we're quite a bit behind schedule, as the mayor readily acknowledges.

"We're being starved of supply," de Blasio said. "We could be doing three times as many vaccinations per week." Among the latest let-downs: a mass vaccination site will open at Citi Field today, but it will only have 200 doses a day . Not so "mass" after all. (Its supply is dwarfed by the number of shots that went to Yankee Stadium, a joint state-city site that opened last week. [Insert Mets joke here.])

New York state can expect a new 5 percent bump in its vaccine supply, Gov. Andrew Cuomo said after a call with the Biden White House. So far, about 10 percent of state residents have received their first dose. The modest boost comes as many more people will soon be competing for the same pool of appointments, as New Yorkers with high-risk health conditions become eligible next week. "You now have about 10 million New Yorkers waiting on 300,000 doses," Cuomo said.

IT'S WEDNESDAY. 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 ANDREW? No public schedule available by press time.

WHERE'S BILL? Speaking at the opening of the Citi Field vaccination site and holding a media availability.

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'I'M NOT A CAT': This is in Texas, not New York, but we highly recommend you watch a judge bravely attempt his job under Zoom filter and flag similar scenarios you might encounter from our elected officials.

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Throughout this unprecedented health crisis, Resorts World New York City's commitment to their employees, community and New York State has not wavered. Expansion of existing facilities will allow them to continue to build on their track record of creating good-paying union jobs with full-service employer paid health care, while generating critical resources for education in New York State. Learn more about how Resorts World is supporting its employees and investing in New York's future.

 


WHAT CITY HALL'S READING

ANDREW YANG IS LEADING the Democratic field of mayoral contenders in popularity and name recognition among voters who report vaccine distribution, economic recovery and a rise in crime as top concerns, according to a new poll. Yang, whose high-energy campaign eclipsed his competitors before a Covid-19 diagnosis forced him into quarantine, is known by 84 percent of those surveyed, and 28 percent picked him as their top contender, according to a poll commissioned by city-based lobbying group Fontas Advisors and conducted by Core Decision Analytics. Fontas is not working for any of the candidates and the poll, which surveyed 842 Democratic voters online from Jan. 20 through Jan. 25, is one of the few to be released so far ahead of the June 22 primary. POLITICO's Sally Goldenberg

"A NEW YORK CITY Board of Elections engineer long active in Southeast Queens politics has died of COVID-19 , two weeks after he alerted local officials about a coronavirus outbreak at the agency's Middle Village facility, the Eagle has learned. Timothy James, a former aide to ex-State Sen. Shirley Huntley and a past board member at the Guy R. Brewer Democratic Club, died Saturday after working in the Queens warehouse that stores voting machines. At least five employees there tested positive for COVID-19 in late January, their union leader told councilmembers at a hearing Jan. 27. Councilmember I. Daneek Miller, chair of the labor committee and a longtime friend of James, said workers are in danger at the cramped Middle Village facility — a warehouse and cafeteria-style space with drop ceilings wedged in the corner of a shopping mall." Queens Eagle's David Brand

"WITH ONLY a few days left, restaurants across the city are anxiously gearing up for the second coming of indoor dining in New York City. COVID-19 cases, hospitalizations, and deaths are trending downward after a post-holiday surge in the city, but the numbers still remain high, with thousands of new cases recorded in NYC every day. Still, Gov. Andrew Cuomo said he had to weigh the economic impact of businesses remaining shuttered for months against concerns about public health, and ultimately decided to resume indoor dining at 25 percent capacity just two months after it was suspended for the second time in December last year. But amid the chatter surrounding indoor dining's return, the restaurant industry — both owners and staffers — remain divided about the decision." Eater's Tanay Warerkar and Erika Adams

"DOZENS OF Queens bodega workers, many with roots in Yemen, are getting express-tracked to Citi Field's new COVID-19 vaccination center opening Wednesday, after serving as pandemic lifelines for New Yorkers. Yet the ongoing struggle for the vast majority of corner store employees to get shots highlights the challenges the largely immigrant workforce is confronting — facing doubts not only about the vaccine but also interacting with authorities. The Yemeni American Merchants Association has helped arrange for set-aside Citi Field appointments for about 50 local bodega workers, according to Youssef Mubarez, a YAMA spokesperson... Bodega workers have been eligible for vaccinations in New York since Jan. 11, lumped in group '1b' along with grocery workers who deal with the public. But most are unaware they are eligible, bodega owners and employees say." The City's Gabriel Sandoval

"THE EFFORT by a political committee to have more voters register with the Democratic Party ahead of the June primary has irked Republicans who see the push as a cheap way of luring more moderate voices to the party. The effort is being spearheaded by Be Counted NYC (formerly NYC Votes, Inc.), a political committee launched by Lisa Blau, a Manhattan investor and the wife of Jeff Blau, CEO of The Related Companies. Critics have pointed out that the mailer is cleverly formatted to appear as though it came from the New York City Board of Elections." Gothamist's David Cruz and WNYC's Brigid Bergin

FIRST IN PLAYBOOK — New York City is opposing Gov. Andrew Cuomo's budget proposal to override part of the city's sweeping building emissions law. Cuomo's budget includes a provision, first reported by POLITICO, that would allow building owners to buy credits for existing renewable energy projects to avoid paying penalties or making intensive energy efficiency investments. "We don't have time to backtrack on the work to confront our climate crisis and end the age of fossil fuels," said Dan Zarrilli, the mayor's chief climate policy advisor, and Kate Gouin, acting director of the Mayor's Office of Sustainability in a joint statement to POLITICO. "This proposal infringes on the City's authority to regulate building emissions, lowers the bar for compliance with LL97, and exacerbates the pollution that causes so much harm in our communities. Over-riding the City's world-leading building retrofits law would only serve special interests — not New Yorkers." The governor's proposal, backed by real estate interests, has already generated opposition from environmental advocates. — Marie J. French

ON THE TRAIL — Nine candidates at a mayoral forum discussed how they planned to implement food policy on Tuesday. Among the ideas highlighted were investing in local agriculture, expanding universal breakfast, and increasing food stamp benefits. Brooklyn Borough President Eric Adams said the city needs to adopt a nutrition-based approach to food and pushed for investment in the agrarian economy. Former nonprofit CEO Dianne Morales criticized food systems as designed to create scarcity "and normalize the notion that quality, accessible, and affordable food is a luxury and that charity is our only response to addressing food apartheid." Former Citigroup executive Ray McGuire said he'd address food deserts by changing zoning to shift large food chains into those areas. Former sanitation commissioner Kathryn Garcia supported an expansion of SNAP benefits and implementing universal breakfast in public schools, which was supported by former HUD secretary Shaun Donovan, who also wants to expand the summer meals program. — Jonathan Custodio

 

JOIN TODAY – A PLAYBOOK INTERVIEW ON TRUMP'S SECOND IMPEACHMENT TRIAL: After weeks of tension following the January insurrection at the Capitol, all eyes are on the Senate as the second impeachment trial against former President Trump begins. Join Playbook co-author Rachael Bade for a discussion on the ins and outs of the historic proceedings with former Ambassador Norman Eisen, a senior fellow in Governance Studies at The Brookings Institution, and a former special counsel to the House Judiciary Committee. What arguments will Trump's lawyers and House impeachment managers use? Where will this leave things on Capitol Hill? REGISTER HERE.

 
 


WHAT ALBANY'S READING

"THE RESTAURANT and arcade chain Dave & Buster's last week sued Gov. Andrew M. Cuomo for refusing to let arcades reopen although similar entertainment facilities including movie theaters, bowling alleys and casinos have for months been allowed to again welcome patrons. The company, with 11 locations in New York including at Crossgates Mall in Guilderland, contends that the state's stance is unconstitutional and arbitrary, given the similarities between Dave & Buster's and other entertainment businesses permitted to reopen, which the suit says 'pose similar or greater risks of COVID-19 transmission.' The suit, filed in federal court in Albany on Feb. 3, argues that Dave & Buster's is operating safely in surrounding states including Connecticut, Massachusetts, New Jersey and Pennsylvania. Among safety measures it has implemented to limit the spread of the coronavirus are dedicated cleaning staff, multiple hand-sanitizing stations, temperature checks for staff and masks required for staff and patrons." Times Union's Steve Barnes

— A FEDERAL COURT has imposed new limits on Gov. Andrew Cuomo's ability to limit attendance at religious gatherings in parts of the state with high infection rates. The ruling deals directly with the zone-based model that the Cuomo administration has backed away from a bit in recent months. But it does go further than most other decisions in the growing body of jurisprudence dealing with government restrictions on houses of worship during the pandemic. POLITICO's Bill Mahoney

— "An ultra-Orthodox Jewish organization that last summer battled local officials over COVID-19 closures and restrictions is suing Schoharie County in federal court alleging they were targeted for their religious views."

— A data company confirmed state officials' assurances that Buffalo Bills playoff games with fans in attendance did not lead to a rise in Covid-19 cases.

"GOV. ANDREW CUOMO deflected blame Tuesday for the use of an unproven COVID-19 treatment administered at a state-run nursing home in Queens. His response came a day after a report by THE CITY, Columbia Journalism Investigations and Type Investigations found that at least 62 residents of the New York State Veterans' Home at St. Albans were given the antimalarial hydroxychloroquine and antibiotic azithromycin last spring — despite risks documented by federal authorities years before the pandemic . When asked by THE CITY about the report during a conference call, Cuomo said he doubted the state ordered the use of the medications at St. Albans, one of four veterans facilities overseen by his Department of Health. 'The state doesn't do that,' Cuomo said. 'The patient's doctor orders a medication, and that's between the patient and the doctor.'" THE CITY's Dean Russell

"AN ALBANY appeals court heard arguments Tuesday in the cases of 46 certified state Supreme Court judges who argue New York's judicial branch unlawfully terminated their time on the bench to protect its billion-dollar budget. The septuagenarian justices — intent on presiding over cases in the Empire State for years to come — filed suit against the Office of Court Administration in early November for declining to recertify their positions en masse. When a judge reaches age 70 in New York, they must reapply for certification every two years until they reach 76. OCA denied all but three applications on Sept. 29 of last year, laying off 45 elected state Supreme Court justices and four appeals court judges effective Jan. 1. At the appellate hearing, OCA's lawyer, Hank Greenberg, said the judges' age had nothing to do with their dismissal and referred to the situation as a 'once in a generation case.'" Daily News' Molly Crane- Newman

AT THE CAP:

— The Assembly approved two bills to adjust the petitioning process to get on the ballot.

— The Senate Health committee moved a package of bills to address problems Covid-19 has highlighted in the state's nursing homes.

LETTER FROM BOSTON: 'Trump broke them. Now the pandemic is bringing them together': When the National Conference of State Legislatures came to Boston for its annual summit in 2007, its members didn't have to work hard to find common ground. Leadership dinners talked up bipartisanship, with lawmakers from both sides of the aisle building a sense of camaraderie around shared goals. By the time the conference returned to Boston in 2017, just as Donald Trump was taking office, there was a noticeable change in tone. Lawmakers were less likely to gather with their across-the-aisle counterparts. Conversations started to feel awkward — or avoided. Partisanship had taken hold of a bipartisan group. "It was creeping in even socially," a former NCSL staffer recalled, saying "pockets of partisanship" had infiltrated the group. "National politics has kind of put a cloud over everything."

Now, with Trump out of office following one of the most bitterly contested U.S. elections in history, the national bipartisan groups that represent governors, mayors and state lawmakers are at last finding common ground again. Even as Republicans and Democrats continue to feud over issues big and small, the coronavirus pandemic and the chaos at the U.S. Capitol — now the subject of Trump's second impeachment trial — are providing rare opportunities for unity. Groups like the NCSL, the National Governors Association and the U.S. Conference of Mayors are finding an issue to rally around in the form of economic relief for their states and cities, which must balance their budgets every year, on top of other needs connected to the fight against Covid-19. POLITICO's Stephanie Murray

#UpstateAmerica: 'Roost owner stands behind menu with sexually graphic depiction of Cuomo'

"I can't wait for everyone to see my Valentine's Day menu," Buffalo's Martin Danilowicz said. "Because if you thought this one was bad — it's just as controversial. I am who I am, and I'm not going to back down from being who I am."

 

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FROM THE DELEGATION

"FORMER Rep. Anthony Brindisi said today that he conceded a disputed election to Claudia Tenney to spare the 22nd Congressional District from a months-long battle that could further divide the community. But Brindisi also called for authorities to investigate irregularities and other systemic voting problems exposed in a three-month legal fight over ballots cast in eight counties across Upstate New York 'I hope some higher authority comes in and investigates what I think is a massive disenfranchisement of voters in the district,' Brindisi told syracuse.com in his first interview since conceding the election. The Utica Democrat said he would like to see the New York attorney general, state lawmakers and the U.S. Department of Justice launch independent probes that focus on the Oneida County Board of Elections." Syracuse.com's Mark Weiner

"U.S. REP. TOM REED, a Corning Republican, took his criticisms of New York's Covid nursing home fatalities' controversy to the state Capitol Tuesday and one floor above his chief target in the matter: Gov. Andrew M. Cuomo. Calling Cuomo responsible for the deaths of thousands of nursing home residents from Covid, Reed said he has 'hope' the Biden administration's Justice Department will look into the matter 'and hold the governor accountable.' 'These mothers, these fathers, these grandmothers, these grandfathers deserve justice,' Reed said Tuesday as he joined Senate Minority Leader Rob Ortt, a North Tonawanda Republican, and Assembly Minority Leader Will Barclay, an Oswego County Republican. Reed said he wants to know the status of an inquiry that began during the Trump administration into the New York nursing home deaths, as well as what the new Biden administration will do going forward on the matter. Reed is among the possible Republicans who might try to challenge Cuomo in the 2022 gubernatorial campaign." Buffalo News' Tom Precious

 

TRACK THE FIRST 100 DAYS OF THE BIDEN ADMINISTRATION: President Biden's cabinet is getting confirmed, bringing change to agencies and departments across the Executive Branch. From the West Wing to Foggy Bottom, track the first 100 days of the Biden administration with Transition Playbook, our scoop-filled newsletter that chronicles the policies, people, and emerging power centers of the new administration. Subscribe today.

 
 


AROUND NEW YORK

— The alleged Proud Boys from Beacon and Rochester pleaded not guilty to conspiring in U.S. Capitol riots.

— De Blasio expressed his support for removing jurisdiction over press credentials from the NYPD.

— Police rescued an injured hawk stranded on the side of a Manhattan highway.

— The MTA restored the benches at the 23rd St. F/M station, after sparking a backlash by removing them to prevent homeless people from sleeping there.

— Attorney General Tish James filed a lawsuit against protesters outside a Planned Parenthood in Manhattan, alleging they disrupted and intimidated people trying to enter the building.

— A Bronx housekeeper was pushed onto the subway tracks in an unprovoked attack.

— A Rochester man admitted he stole naked photos of SUNY students by hacking into their student email accounts.

— First lady Chirlane McCray got her coronavirus vaccine.

SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: George Stephanopoulos is 6-0 … Bob Iger is 7-0 … Glenn BeckJim Cramer Izzy Klein … WSJ's Michael Gordon is 7-0 … John Yang Clark Maturo Kylie ToscanoVince Zito Clayton Keir Kyle Trygstad … Reuters' Aram Roston (h/t Tim Burger)

MEDIAWATCH — Five former NY1 journalists who sued for gender and age discrimination filed a new complaint, charging the station is retaliating against them by reneging on promises to submit their work for Emmy nominations.

MORE NY PLAYBOOK: Look for the new New York Playbook PM in your inbox starting Feb. 22. Just like you read our morning Playbook, Playbook PM by Anna Gronewold in Albany and our top-notch political team in the city will bring you the news you need to know from the Capitol and New York City Hall. It will publish at the height of the legislative session and the New York City mayoral race, telling you the latest political news from around the Empire State.

A message from New Yorkers for Responsible Gaming:

Since opening its doors in 2011, Resorts World New York City has created thousands of good paying union jobs for New Yorkers and generated more than $3 billion for education for New York schools. As the state's largest taxpayer, they're proud of the investments made to revitalize their community and provide meaningful careers to so many.

Last year, when the pandemic struck, their commitment to their employees and the community never wavered. They provided employees with full employer-paid healthcare, supported their neighbors most in need by contributing to different community based organizations, and opened up their facilities for COVID testing.

As the state continues to recover from the worst economic crisis in decades, expansion of existing facilities will allow Resorts World NYC to create thousands of union jobs for New Yorkers, while generating desperately needed revenue for schools and surrounding communities. Learn More.

 


REAL ESTATE

"NEW YORK CITY housing courts say they have received fewer than 2,300 forms from tenants seeking to pause or prevent eviction cases until May 1, frustrating advocates and attorneys more than halfway through a near-total statewide hold on evictions. Under the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, most eviction cases are on hold for 60 days ending Feb. 26. Tenants who fill out a so-called "hardship declaration" form, attesting that they are struggling financially or that moving would pose a serious health risk, are protected for a longer period, until May. But relatively few tenants in New York City have submitted forms so far, raising questions about the success of outreach efforts both by the court and advocates themselves." Law 360's Emma Whitford

"A GROUP OF Lower East Side residents and businesses have lost their bid to stop a new temporary shelter from opening up in their neighborhood, according to a ruling Tuesday. Locals filed suit last month opposing city plans to open up a temporary shelter at the 100 Orchard St. Blue Moon Hotel on Feb. 15 to help ease crowding among the city's homeless shelter population during the COVID-19 pandemic. But, Manhattan Supreme Court Judge Frank Nervo said the locals didn't have legal standing to challenge the city's contract for the shelter." New York Post's Priscilla DeGregory

 

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