Wednesday, September 21, 2022

POLITICO New York Playbook: Supreme Court to hear vaccine mandate challenge

Presented by Con Edison: Erin Durkin and Anna Gronewold's must-read briefing informing the daily conversation among knowledgeable New Yorkers
Sep 21, 2022 View in browser
 
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By Erin Durkin, Anna Gronewold and Julian Shen-Berro

Presented by Con Edison

As New York City Mayor Eric Adams announced an end to the city's vaccine mandate for private sector workers as of Nov. 1, the Supreme Court is set to hear a challenge to the one covering city employees.

The high court agreed to hear a case brought by an NYPD detective opposing the mandate, with a conference scheduled for Oct. 7. It's a reversal after Justice Sonia Sotomayor rejected a request by Det. Anthony Marciano to take up his legal challenge. But the cop resubmitted the same request to conservative Justice Clarence Thomas, and this time got a yes.

"I think the court has been waiting for a case like mine," said the detective's attorney Patricia Finn. So far, courts have upheld the city's right to mandate shots for its workforce, but opponents are likely to seize upon the mayor's decision to lift the private sector mandate to argue it is arbitrary. Adams said Tuesday he has no intention of lifting the requirement for public sector workers.

So why get rid of a vaccine mandate for private sector workers but not public employees? Well, here's an honest answer: nothing about the pandemic at this stage or the government's response to it makes any sense anyway. "I don't think anything dealing with COVID makes sense, and there's no logical pathway," Adams said.

Though he has eagerly rolled back pandemic restrictions, Adams stopped short of backing President Joe Biden's declaration that "the pandemic is over." (Fact check: It's not.) Adams chose his words more carefully. "I think that the most scary parts of the pandemic may be in our rear-view mirror," he said. "There's a possibility of another variant, and we have to move in a very strategic and smart way. … We just don't know what's on the horizon for COVID. I think we have to take it in a very serious manner."

Eric Adams speaks at a press conference.

New York City Mayor Eric Adams speaks at a press conference. | Michael M. Santiago/Getty Images

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 KATHY? Making a climate week announcement.

WHERE'S ERIC? Speaking at a Crain's power breakfast and the New York City Cabinet for Older New Yorkers' inaugural meeting, meeting with Paris Mayor Anne Hidalgo, observing a moment of silence for International Peace Day, making an announcement about Hurricane Fiona, meeting with Mayor Mpho Phalatse of Johannesburg, South Africa, meeting virtually with Mayor Miguel Romero of San Juan, Puerto Rico, speaking at the signing of the city's cooperation agreement with the Korea Advanced Institute for Science and Technology, the World Resources Institute's "The Big Apple Takes a Bite Out of Climate Change" event, and the annual meeting of Together for Safer Roads.

WHERE'S TISH? Making a "major announcement" in Manhattan at 10:30 a.m.

QUOTE OF THE DAY "Enemies and haters accumulate. Schumer, Gillibrand, pals working in the state, friends I respected, fell like dominos. Lose your power and heartless politicians read the tea leaves. You're dead. Over. Pols grab another piece of meat. The phrase 'political friends' is an oxymoron." — Former Gov. Andrew Cuomo, sharing some feelings with Cindy Adams

A message from Con Edison:

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What City Hall's reading

Brannan, Avilés avoid faceoff in second pass at City Council redistricting, by POLITICO's Joe Anuta: A potential showdown arising from New York's once-in-a-decade redistricting has been averted. But now another is being teed up. Proposed district lines released in July would have pitted City Council Members Justin Brannan and Alexa Avilés against one another. A new draft reviewed by POLITICO separates them — but carves up the district of Council Member Ari Kagan to make way for a new majority-Asian seat nearby. That leaves him with a number of bad options. The new maps put Kagan's home just inside the seat held by Council Member Kalman Yeger, a fellow moderate Democrat who represents the largely Orthodox Jewish communities in Borough Park and Midwood.

"New York City Subway System to Install Security Cameras in Train Cars," by The New York Times' Patrick McGeehan and Luis Ferré-Sadurní: "The Metropolitan Transportation Authority will install security cameras in every train car in order to reassure riders about the safety of New York City's subways in the wake of high-profile shootings, Gov. Kathy Hochul said Tuesday. Ms. Hochul said the authority would spend $5.5 million of state and federal funds to place two cameras in each of more than 6,400 cars in the system. The installation would expand a pilot program that began this summer, she said. While the system's nearly 500 subway stations are equipped with surveillance cameras, its trains are not. Ms. Hochul said that the new cameras will monitor the entire car and that fitting out an entire train would take about 40 hours. The cameras cannot be monitored live, Ms. Hochul said, but they will provide investigators with video footage after a crime."

"Adams opens probe into migrant mom's suicide at NYC shelter," by New York Post's  Bernadette Hogan, Desheania Andrews and Jorge Fitz-Gibbon: "The city is investigating the apparent suicide of a migrant mom inside a Big Apple homeless shelter, Mayor Eric Adams said Tuesday. The mother of two — who was from Colombia and arrived in the city with her kids in May — was found dead by her 15-year-old son at the Hollis Family Shelter in Queens. Now City Hall wants to know how it happened."

— " Asylum seeker death spurs calls for more coordination and care from NYC officials," by WNYC's Gwynne Hogan

 

JOIN THURSDAY FOR A GLOBAL INSIDER INTERVIEW : From climate change to public health emergencies and a gloomy global economic outlook, the world continues to deal with overlapping crises. How do we best confront all of these issues? Join POLITICO Live on Thursday, Sept. 22 at 10:30 a.m. EDT for a virtual conversation with Global Insider author Ryan Heath, featuring World Bank President David Malpass, to explore what it will take to restore global stability and avoid a prolonged recession. REGISTER HERE.

 
 
WHAT ALBANY'S READING

New York spent $250M on tech to fight Covid that no one uses, by POLITICO's Joseph Spector: Models had estimated that New York would need as many as 40,000 ventilators to aid people suffering the worst symptoms of the virus, he said. "This is a disease that is a respiratory disease. People are on the ventilators, and the ventilators are a matter of life and death," Cuomo told MSNBC at the time. Forced into a hectic international competition for goods like many states during the early months of the pandemic, New York never procured anywhere close to what it supposedly needed. But the collection it did manage to build hasn't done much more than gather dust. The state acquired 8,555 ventilators at a cost of $166 million and 1,179 X-ray machines for $86.4 million, state officials told POLITICO this month. And now they're stacked in warehouses across New York with no plans to distribute them or put them to any immediate use: Covid treatments have largely moved away from ventilators, and hospitals say they have plenty available to deal with their immediate needs.

"Executive threw Hochul fundraiser weeks before landing $637M deal ," by Times Union's Chris Bragg: "Gov. Kathy Hochul maintains that when her administration paid a vendor $637 million last winter for COVID-19 tests, she was unaware the recipient was a campaign donor. 'I was not aware that this was a company that had been supportive of me,' Hochul told reporters at a July 20 press briefing. 'I don't keep track of that. My team, they have no idea.' Yet a month before the Hochul administration struck the deals, records show, the company's founder threw an in-person campaign fundraiser for Hochul. According to Hochul's campaign disclosure forms, the Nov. 22 fundraiser was thrown by Charlie Tebele, founder of Digital Gadgets LLC. A month later, the company would begin reaping $637 million in payments from Hochul's administration to facilitate the purchase of 52 million at-home, rapid coronavirus tests."

"Approved home-grow regs, new growers and processors approved by Cannabis Control Board," by Syracuse.com's Sean Teehan: "New York's Cannabis Control Board on Tuesday adopted regulations for medical marijuana home growing, appointed a deputy counsel to the Office of Cannabis Management and approved conditional licenses for 19 cultivators and 10 processors. Members of the CCB and the audience applauded when the board approved medical home-grow regulations, which allow medical cannabis patients to grow up to six plants, and for caregivers — who can grow for a maximum of four patients — up to 12 plants."

" After This Year's Debacle, What's Next for New York State Redistricting?" by  Gotham Gazette's Ethan Geringer-Sameth: "The process has provoked criticism from all sides, with Republicans chastising Democrats for gerrymandering and Democrats claiming the Court of Appeals overstepped its mandate while rebuking the special master for a lack of familiarity with the districts he drew. ... Now some good-government groups and Democratic lawmakers, including Governor Kathy Hochul, say the system should change again. Republicans, who got more of what they wanted when the commission deadlocked and Democrats flew too close to the sun, are less eager to alter the playing field."

#UpstateAmerica: Now's your chance to run an Adirondack bed and breakfast. Warren County is auctioning off a Route 9 motel between Gore Mountain and Lake George.

 

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TRUMP'S NEW YORK

"Trump rape accuser E. Jean Carroll plans new lawsuit against former president," by Reuters' Jonathan Stempel: "A writer who accused Donald Trump of raping her more than a quarter-century ago plans to file a new lawsuit against the former U.S. president, whose lawyer called the effort 'extraordinarily prejudicial.' In a letter made public on Tuesday, a lawyer for E. Jean Carroll said the former Elle magazine columnist plans to sue Trump for battery and intentional infliction of emotional distress under New York state's Adult Survivors Act. That law, recently signed by New York Governor Kathy Hochul, gives adult accusers a one-year window to bring civil claims over alleged sexual misconduct regardless of how long ago it occurred. Carroll has accused Trump of raping her in late 1995 or early 1996 in a dressing room at the Bergdorf Goodman department store in Midtown Manhattan."

Special master to Trump's lawyers: 'You can't have your cake and eat it too,' by POLITICO's Josh Gerstein and Kyle Cheney: The senior federal judge tasked with reviewing the materials seized by the FBI from Donald Trump's Mar-a-Lago estate sharply questioned the former president's attorneys Tuesday during their first hearing before his courtroom. Judge Raymond Dearie pushed Trump's lawyers repeatedly for refusing to back up the former president's claim that he declassified the highly sensitive national security-related records discovered in his residence. "You can't have your cake and eat it," said Dearie, the "special master" picked by U.S. District Court Judge Aileen Cannon to vet Trump's effort to reclaim the materials taken by federal investigators.

FROM THE DELEGATION

"U.S. House Nominee Dan Goldman Extending An Olive Branch To Progressive Critics In NYC," by HuffPost's Daniel Marans: "In the final days of the Democratic primary in New York's 10th Congressional District, progressive candidates and activists pummeled Dan Goldman in the hopes of stalling his momentum. Goldman's more left-leaning opponents branded him a flip-flopper on abortion policy and a 'conservative Democrat' whose investment of $4 million of his own money amounted to an effort to 'buy' the election. But after narrowly defeating New York state Assembly member Yuh-Line Niou in a 12-person race for the Democratic nomination on Aug. 23, Goldman is trying to build a bridge to the left rather than dwell on his grievances with them."

Biden and the Boroughs

NY AG pushes for probe of Puerto Rican power company, by POLITICO's Erin Durkin: Attorney General Tish James urged the federal government to investigate power company LUMA Energy after Hurricane Fiona caused widespread outages in Puerto Rico. "Three million of our fellow Americans are without power and two-thirds of Puerto Rico does not have potable water due to Hurricane Fiona," James wrote in a letter to the U.S. Department of Energy and other agencies. "Despite billions in federal assistance to strengthen Puerto Rico's electrical grid, LUMA continues to be plagued by frequent and lengthy outages as well as some of the highest electric rates in the country. This is untenable, I urge you to investigate."

Schumer blasts Puerto Rico's utility, grid manager for power failures, by POLITICO's Gloria Gonzalez: Senate Majority Leader Chuck Schumer is blaming "ongoing conflict" between the entities behind Puerto Rico's electric grid and their energy regulators for the sorry state of the power supply on the island territory, where millions of people remain in the dark two days after Hurricane Fiona struck.

"Biden Joins DeNiro, Eric Adams at New York Democratic Fundraiser ," by Bloomberg's Jennifer Jacobs: "President Joe Biden headlined a fundraiser in New York on Tuesday night that raised about $2 million for Democratic Party organizations, and featured celebrity guests including Robert De Niro and the city's mayor, Eric Adams."

 

DON'T MISS - MILKEN INSTITUTE ASIA SUMMIT : Go inside the 9th annual Milken Institute Asia Summit, taking place from September 28-30, with a special edition of POLITICO's Global Insider newsletter, featuring exclusive coverage and insights from this important gathering. Stay up to speed with daily updates from the summit, which brings together more than 1,200 of the world's most influential leaders from business, government, finance, technology, and academia. Don't miss out, subscribe today.

 
 
AROUND NEW YORK

— Former GOP Gov. George Pataki endorsed Republican Rep. Lee Zeldin for governor.

— A bipartisan group of elected leaders gathered in Garden City to call on Hochul to tighten bail laws.

— Municipal tree pruning has been suspended for the past year in Brooklyn and Queens because the contractor who used to do it got indicted in a massive insurance scam.

— A detainee at the city's jail barge in the Bronx jumped into the water and is in grave condition.

— A judge delayed the city's ban on foie gras.

— 6 o'clock is the new 8 o'clock when it comes to prime dinner hour at city restaurants.

— A NY1 weatherman is trying to get his job back after being fired when someone sent naked pictures of him to his employer.

— Subway riders in a survey rated the D the worst line.

— Two correction officers pleaded guilty to taking thousands of dollars in bribes to smuggle contraband into Rikers Island.

— An animal rights group is launching a six-figure ad campaign aimed at persuading City Council members to support a horse carriage ban.

— Mayor Eric Adams told Orthodox Jewish news outlets he is facing a "real battle" against the media he accused of "selling hysterics" about rising crime.

SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: Dean Baquet … USAID Administrator Samantha Power … CNN's Brianna Keilar … POLITICO's Karey Van Hall … Reuters' Alexandra Alper … WSJ's Toula Vlahou … NBC News PR's Dom Donahue Cass Sunstein Mark Watson Justin Reilly Jonathan Robinson Cheryl Fishbein ... Andrew Berman ... Lisa Keys (h/ts Jewish Insider)

MEDIAWATCH — Bahar Ostadan is now a real estate reporter at the New York Daily News. She was previously a freelance reporter.

MAKING MOVES — Christine Weydig will be executive director at the Coalition for Reimagined Mobility. She was most recently director of sustainability at the Port Authority of New York and New Jersey. … Izzy Verdery is now a press officer for the NYC Department of Parks & Recreation. She is a recent graduate of NYU where she received a BA in global studies and public policy.

WELCOME TO THE WORLD — Shane Goldmacher, a national political correspondent for The New York Times and a POLITICO alum, and Sophie Kim Goldmacher, the chief people officer of the ACLU, on Sept. 12 welcomed Connor Noah Goldmacher, who joins big brother Nathan. Pic

SPOTTED at a book party for Ali Vitali and her new book "Electable: Why America Hasn't Put a Woman in the White House ... Yet" ($26.09) hosted by NBC News in the Lincoln Library of the Waldorf Astoria hotel in D.C.: Sen. Amy Klobuchar (D-Minn.), Rep. Madeleine Dean (D-Pa.), Ken Strickland, Julia Krieger, Jeremy Adler, Matt Gorman, Olivia Perez-Cubas, Luke Russert, Dafna Linzer, Scott Wong, Carrie Budoff Brown, Peter Lattman, Jake Sherman, John Bresnahan, Julie Tsirkin, Lauren French, Emily Gold, Kristen Ortman, Morgan Finkelstein, Katherine Schneider, Jonathan Kott, Jonathan Stahler, Alayna Treene, Kendra Barkoff Lamy, Christie Stephenson and Sena Fitzmaurice.

A message from Con Edison:

"Clean energy hubs" are just one part of the picture: Con Edison is also investing in peak demand reduction strategies, new electric substations, and local transmission initiatives like Reliable Clean City projects—a trio of electric transmission projects that will connect communities in New York City's outer boroughs to a supply of increasingly renewable electricity. Every one of these investments is a step toward preparing the grid to deliver 100 percent clean energy to all customers by 2040.
See Our Energy Future

 
Real Estate

"What Would NYC Look Like Without Right to Shelter? Bleak, Say the People Who've Needed It," by City Limits' David Brand: "If your city's most iconic landmark bears the inscription , 'Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!' you kind of have to live up to that. And New York City, for all its flawed interventions, inaccessible housing and deepening inequality, has one unique policy that nods to the poem at the feet of the Statue of Liberty, at least when it comes to opening the door to the 'huddled masses' and 'tempest-tost' homeless: The city's 'right to shelter' provides a basic safety net not seen anywhere else in the country, allowing anyone who wants a shelter bed to get one (at least temporarily, in the case of families found ineligible following an investigation). Now that right appears to be under siege."

 

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