Wednesday, October 12, 2022

POLITICO New York Playbook: Gun law legal limbo, Times Square edition

Erin Durkin and Anna Gronewold's must-read briefing informing the daily conversation among knowledgeable New Yorkers
Oct 12, 2022 View in browser
 
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By Anna Gronewold, Erin Durkin and Julian Shen-Berro

Yesterday, Eric Adams signed legislation formalizing state law to ban guns in Times Square.

Today, Adams' new rules may mean nothing.

The legislation he inked created official boundaries to make Times Square a "sensitive location" and allow city police to enforce it. Unfortunately for Adams, they also fall into the category of the state's new gun laws that a federal judge in Syracuse said last week was unconstitutional.

When that happened, Hochul was pissed — she and the Legislature went into special session for this! — and Attorney General Tish James said she would appeal. But James further asked the 2nd Circuit Court of Appeals to block the ruling before it goes into effect (today) — basically until the appeal is heard and decided — in order to prevent "regulatory chaos."

No word yet on any decision.

Adams, who owns three guns himself, said that his office respects that the courts have ultimate say on this. But his personal wish would be to designate the tourism center as gun-free. Roughly 56 million people are expected to visit the city this year, and in Times Square, 475,000 people "can visit at any given time," he said. Just a few of them carrying guns could cause panic and chaos.

"We would love to, as long as it complies with whatever the judicial body states," he said during his bill signing. "This is what we want to do. But we're going to be in complete compliance with whatever the courts hand down."

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 reproductive health care announcement in Manhattan.

WHERE'S ERIC? Delivering remarks to the Student Leadership Network, the Capital Process Reform Task Force roundtable breakfast, the FDNY annual Memorial Day ceremony and a Sukkot celebration, and signing a bill establishing a "nightlife opioid antagonist" program.

 

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

 
 
What City Hall's reading

"Eric Adams says migrants coming to 'every community,' emergency shelters to open without warning," by New York Post's Bernadette Hogan and Bruce Golding: "The Big Apple will soon have emergency shelters for migrants in 'every community' — and residents should expect them to open without warning, Mayor Eric Adams said Tuesday. 'Every community is going to see asylum-seekers,' Adams said during an unrelated news conference at Yankee Stadium in the Bronx. Adams also said that 'we can't give people a month heads-up' before migrants move into hotels in their neighborhoods. 'As the emergency comes, we have to make these on-the-ground moves and make sure that we deal with the crisis that's in front of us,' he said. 'And a lot of people have not really dealt with emergencies before, so it's like hardball.'"

"Sheriff Reboots Car Fine Collections After Costly Pandemic Pause," by THE CITY's Katie Honan And Sam Rabiyah: "And last month, enforcers from the sheriff's office put boots on 11,232 vehicles, data shows — nearly three times more than September 2021, when that number was just 3,345. Only one car was booted in September 2020, according to the data. In fact, that was the only car booted in the five boroughs between March 17, 2020 and Feb. 21, 2021. Fiscally, the drastic boot-up seems successful. Enforcement over this past August and September delivered the most revenue from vehicle tickets to the city for any two-month period since 2014, according to Finance data — with more than $11.4 million in September and more than $11.7 million in August."

"NY health officials say 'repeated' samples of polio found in wastewater," by Spectrum's Nick Reisman: "Ongoing monitoring of wastewater in the New York City metropolitan area has found repeated evidence of poliovirus in sewage, the state Department of Health on Tuesday announced. The most recent wastewater test results drew samples from Brooklyn and Queens and found polio genetically linked to a case previously found in Rockland County. … 'These findings put an alarming exclamation point on what we have already observed: unvaccinated people are at a real and unnecessary risk,' state Health Commissioner Mary Bassett said."

" A New York City rapper turned himself in for murder 13 years ago, now his prosecutor wants him freed," by WNYC's Samantha Max: "No one would have known that Trevell Coleman killed someone in 1993 if he hadn't walked into an East Harlem police precinct 17 years later and told them he did. Now, more than a decade into his prison sentence, the very prosecutor who argued to put Coleman behind bars and the judge who sentenced him are both asking Gov. Kathy Hochul to release him. His case could serve as a litmus test for a governor who has pledged to reform the state's clemency process while campaigning against a Republican challenger who has frequently accused her of being soft on crime. 'There are hundreds, if not thousands of others who merit clemency, who should have clemency,' said Steve Zeidman, Coleman's clemency attorney. 'To me, Trevell's case is just a reminder of that.'"

"What is Eric Adams' internet master plan?" by City & State's Annie McDonough: "A self-professed 'tech geek,' cryptocurrency enthusiast and former COBOL programmer, New York City Mayor Eric Adams is an unabashed techie. Adams has been a vocal cheerleader for moving more city services online, diversifying the local tech ecosystem and making the city's own technology offices more efficient. But when it comes to expanding broadband internet access — something that will allow New Yorkers to participate in the technological evolution Adams champions — some lawmakers and civic technologists warn that despite the well-intentioned goal of getting the least connected New Yorkers wired up, the administration is so far prioritizing quick wins over the long-term goal of universal, affordable and reliable broadband."

WHAT ALBANY'S READING

"For Zeldin, a Shooting Hits Close to Home and to His Campaign Theme," by The New York Times' Luis Ferré-Sadurní and Grace Ashford: "On Tuesday, a police car was still stationed outside Mr. Zeldin's home in Shirley, a working-class hamlet on the South Shore of Long Island, where residents on the typically sleepy street were still rattled by the burst of violence. … Mary Smith, the mother of the teenager who escaped unharmed, blamed the shooting on the proliferation of guns among young people, while stressing that she did not believe her son was in a gang, saying: 'He's just a normal kid.' While expressing sympathy for the Zeldin family ordeal, Ms. Smith lamented that she had heard nothing from the congressman himself, despite his many public comments. 'I'm around the corner from you,' Ms. Smith said in an interview. 'They took the story away from the victims and made it about running for government.'"

Hochul and Zeldin rely on megadonors as election enters homestretch, by POLITICO's Bill Mahoney: While both Democratic Gov. Kathy Hochul and Republican challenger Lee Zeldin are hyping up their small donors, each of the two has been heavily reliant on sizable checks in recent months. Hochul raised $11.2 million since mid-July, and $116,000 of it — or 1 percent — came from donors who gave an aggregate of $250 or less, campaign finance reports released late Friday showed. In comparison, $7.6 million came from contributors who gave $10,000 or more. As for Zeldin, about 22 percent of the $6.2 million he has raised since July has come from donors giving $250 or less. But the Republican has also relied on the help of several super PACs that have received their money from small numbers of well-heeled donors and dedicated all of their resources to his campaign.

— Morning Consult says Hochul's approval rating has increased to 52 percent approve v. 37 percent disapprove from 49-38 in July.

" Home care workers file federal complaint against New York over 'discriminatory' 24-hour shifts," by WNYC's Caroline Lewis: "Labor groups representing home health aides filed a federal discrimination complaint Tuesday against the New York State Departments of Health and Labor for their handling of 24-hour home care shifts. The complaint, which represents an escalation in the yearslong battle over these controversial shifts, stated the agencies' policies and practices subject home health aides to 'unconscionable levels of wage theft and make them extremely vulnerable to occupational injuries that often lead to permanent disability.' It was filed with the U.S. Departments of Justice, Labor, and Health and Human Services … The federal complaint alleges that the state's policies disproportionately affect people of color and immigrants, in violation of Title VI of the Civil Rights Act of 1964 — which bans discrimination under any program or activity that receives federal funding."

"'Unconstitutional' absentee ballot case heads to state Supreme Court; Dems say it should be dismissed," by Times Union's Joshua Solomon: "A court case brought by state Republican and Conservative leaders that is challenging a law change that has allowed voters to use absentee ballots if they fear contracting COVID-19 is set to be argued Wednesday morning in state Supreme Court in Ballston Spa. The case, which also seeks to have those who cast ballots for that reason potentially need to re-vote, has wide potential implications that could slow processing of results in the upcoming general election. It also could cast doubt on the outcomes of some races and sow discord on the validity of the November election."

#UpstateAmerica: Billy Bragg will be performing at a Starbucks picket line in Buffalo today.

 

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

 
 
AROUND NEW YORK

— Senate Majority Leader Chuck Schumer agreed to a Spectrum News debate with his Republican challenger Joseph Pinion.

— The U.S. Supreme Court declined to weigh in on the case of an NYPD detective who is challenging New York City's vaccine mandate.

— Killings in the New York City subway system since 2020 have risen to the highest annual levels in 25 years.

— Congestion pricing could become the latest existential threat to the yellow-cab industry.

— Queens District Attorney Melinda Katz said her philosophy has been "a steady hand during turbulent times."

"Stumped New Yorkers Wait Years to Get Trees Planted — But You Can Pay $1,800 to Cut the Line"

— An Erie County jury convicted a man in a 44-year-old homicide that was reopened in 2006.

— Eleven fallen firefighters were added to the state memorial in Albany.

—  The Baldwinsville school superintendent was placed on paid administrative leave after he was charged with drunken driving.

— A proposed City Council bill would give New Yorkers $44 for calling in illegal parking complaints, sparking concerns from residents and even the NYPD.

SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: CNN's Chris Wallace … Fox News' Lauren Blanchard … NYT's Michael BarbaroRosie GrayKate NoceraLara Trump … WSJ's Gary Rosen … Bloomberg's Anna Edney … former U.S. Treasurer Anna Escobedo Cabral, now of the Inter-American Development Bank … former Labor Secretary Seth Harris Zack Gober

ENGAGED — Doug McPherson, senior director of real estate and planning at Empire State Development and an alum of the NYC Department of Housing Preservation and Development, recently proposed to Alissa Orlando, a cooperative and health care entrepreneur. The couple, who met on Hinge, got engaged during a living room picnic after getting rained out at Prospect Park. Instapic

MEDIAWATCH — David Crook has been named managing editor of Kiplinger's Retirement Report. Crook most recently has managed DCReport.org and is a former long-time editor at the Wall Street Journal, where he ran the paper's Sunday metro-newspaper supplement for its entire 15-year run.

IN MEMORIAM — Per an obituary: "Shannah Rose Goldner, 56, of Manhattan died on October 8, 2022, after a two-year illness. ... Although New York was always home, Shannah was bicoastal for a time, working at 'Hard Copy', 'Good Morning America', Fox News, CNN, and MSNBC, where she earned an Emmy for her work on 'The Rachel Maddow Show'. Shannah was a universally respected booker and producer and a beloved colleague."

Real Estate

"NYC's office occupancy rates surge to post-pandemic high: report," by New York Post's Nolan Hicks: "The Big Apple's halting return to the office following the coronavirus shutdown is gaining steam – with occupancy rates jumping by nearly 12 percentage points in just the last month, new statistics show. The occupancy rate surged to 46.1% for the week ending Sept. 21, up from 34.5% over the last week of August, according to figures from City Comptroller Brad Lander's monthly report on the status of the city's economy. New York's occupancy rate now exceeds Philadelphia, Boston, Chicago, San Francisco, and Los Angeles — but continues to trail Houston, Dallas, and Austin. '[S]trong economic growth has brought us a long way since the dark days early in the pandemic, when many worried about whether the business would reopen and residents would return,' Lander wrote. 'Many indicators of economic and cultural life show the resilience of New York City.'"

"Your guide to understanding affordable housing in New York City," by NY1's Ari Ephraim Feldman: "This summer, New York City's rental market hit a shocking milestone: The average rent in Manhattan passed $5,000. Rents have skyrocketed since 2021, far surpassing the largely flat median costs in the years that led up to the pandemic, according to StreetEasy. Spiking rents, alongside other trends in the city, have increased competition and the need for apartments that are deemed 'affordable,' of which there are about 500,000, (including public housing units) according to estimates by the Community Service Society of New York. … Experts say that the city, state and federal government all have to play a role in boosting the creation and upholding the preservation of affordable apartments."

 

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