Thursday, July 20, 2023

Adams suffers setback in migrant case

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Jul 20, 2023 View in browser
 
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By Julia Marsh, Jeff Coltin and Hajah Bah

Eric Adams speaks.

New York City Mayor Eric Adams said the city is facing a $4.3 billion price tag from its ongoing obligations to provide shelter, food and other services to newcomers. | Francis Chung/POLITICO

New York City Mayor Eric Adams’ lawsuit against most of the state over his busing of asylum-seekers to suburban and upstate counties is... not going well.

Adams sued in a Manhattan court last month to prevent the localities from using emergency executive orders to stop migrants from moving to their jurisdictions.

But on Wednesday, a Manhattan judge granted venue change motions to two of the 30 counties that are defendants in the case. He also approved a motion to dismiss for a third county.

Justice Lyle E. Frank said he wasn’t persuaded by the Adams administration’s argument that the case should be tried in the city because the dispute was prompted by outside actions.

“The material events giving rise to the litigation is not the influx of migrants arriving in New York City, the material events that give rise to this instant litigation are the issuance and enforcement of the Executive Orders issued by respondents,” Frank wrote.

The rulings, reported here for the first time, will transfer the relevant parts of the case to courts in Niagara and Onondaga counties. Those defendants will likely receive a home field advantage with a more favorable judge and — should it get to that point — jury.

The next step for them is asking their local judges to toss the cases.

Frank also allowed defendant Schuyler County out of the case because its emergency order had lapsed, making the issue moot.

Most, if not all, of the remaining counties expect Frank to issue similarly favorable rulings granting dismissals or venue changes in the coming days.

If they get their claims severed and moved back home, the city’s Law Department will have to dispatch attorneys around the state to litigate dozens of individual cases instead of trying a single, consolidated lawsuit in Manhattan.

The legal setback for the Adams administration comes as the mayor announced a policy shift — which includes "No Vacancy" fliers — designed to deter asylum-seekers from coming to the city. This would ultimately alleviate the need to put them on buses headed around the state.

But it’s unlikely fliers warning migrants there’s no more room in a metropolis of 8.5 million people will have a significant impact.

IT’S THURSDAY.

WHERE’S KATHY?  In New York City, Albany, and Saratoga County with no immediate schedule.

WHERE’S ERIC? Meeting with Amsterdam Mayor Femke Halsema, delivering a public-space-related announcement in Brooklyn, attending the funeral of Faridun Mavlonov in Brooklyn, delivering a makes-arts and culture-related announcement, meeting with Israeli President Herzog, touring NYPD JOC with President Herzog and NYPD commissioner Caban, hosting at reception for NYCHA resident association leaders, and delivering remarks at National Hispanic Business Group’s 36th annual gala.

QUOTE OF THE DAY: “Our goal is: no child, no family is sleeping on the streets. That’s our goal, and we’re getting closer and closer to being unable to fulfill even that." — Adams regarding the influx of migrant coming into the city.

 

JOIN 7/26 FOR A TALK ON THE NEW ENERGY ECONOMY: Join POLITICO's lively discussion, "Powering a Clean Energy Economy," on July 26 to explore the effectiveness of consumer-targeted policies to boost sustainability and create clean energy jobs. How are the Inflation Reduction Act's provisions faring? Which strategies truly sway consumer behavior? Hear from featured speaker, Rep. Debbie Dingell (D-Mich.), among other experts. Don't miss this insightful event — register today and be part of the conversation driving America's clean energy future! REGISTER NOW.

 
 
ABOVE THE FOLD


NYC mayor warns away migrants with ‘No Vacancy’ fliers, by POLITICO’s Joe Anuta:  Under a new mayoral directive, single adult migrants will only be allowed to stay in the city’s shelter system for 60 days, after which they will be required to reapply for a slot.

The idea, Adams said at a City Hall press conference, is to prioritize shelter beds for families while helping single adults search for other places for them to stay, whether it is with friends or family elsewhere.

WHAT CITY HALL IS READING


Straw donors and campaign rep for Adams’ 2021 mayoral run revealed in new Manhattan DA records, by Daily News’ Molly Crane-Newman, Chris Sommerfeldt, and Micheal Gartland

Former Homeless Services Head to Oppose City in Right-to-Shelter Litigation, by City Limits’ Emma Whitford: “Steve Banks, who served as social services commissioner under former Mayor Bill de Blasio, is returning to a familiar posture — opposing City Hall in litigation over the city’s unique shelter rights for the homeless."

NYC Department of Education ordered to reform special education dispute process, by Daily News’ Cayla Bamberger: “Often after months or years of being left behind, families may involve impartial hearing officers to settle disputes over whether the public schools can accommodate children’s disabilities.”

Edward Caban was just promoted to NYPD commissioner. He’ll get a $579 raise, by City & State’s Amanda Salazar

New York City agrees to pay $13 million to 2020 racial injustice protesters in historic class action, by the AP’s Jake Offenhartz: “If approved by a judge, the settlement, which was filed in Manhattan federal court Wednesday, would be among the most expensive pay-outs ever awarded in a lawsuit over mass arrests, experts said.”

MAYOR ON AIR — Mayor Adams is starting a weekly radio show this Sunday morning at 10:30 a.m. on WBLS, 107.5 FM, Mayoral Spokesperson Fabien Levy told Playbook.

The show, tentatively titled “Hear from the Mayor” will air “semi-regularly” and Adams will take live call-ins from New Yorkers. He’ll also have guests and talk about news of the week.

Mayors have hit the radio before: Bill de Blasio took calls every Friday on “The Brian Lehrer Show” on WNYC, and Michael Bloomberg gave a weekly address on 1010 WINS.

Adams’ station of choice, WBLS, has a large Black audience, and already features the Rev. Al Sharpton’s radio show on Sunday mornings. — Jeff Coltin

WHAT ALBANY'S READING


Downstate Correctional Facility could be next affordable housing site, by Times Union’s Joshua Soloman

Mayor: DA investigating charges on Huntington Bay Village credit card, by Newsday’s Deborah S. Morris

HIT THE BREAKS ON TAX BREAKS? — New York’s corporate welfare has hit a new high, spending $10.7 billion in direct economic development and tax breaks in 2022.

That’s according to a new policy brief from the Citizens Budget Commission, which says New York state and its local governments need to analyze their programs to see if they’re worth it.

New York spends more on economic development than almost any other state — and that level of spending just encourages other governments to increase subsidies for manufacturing companies, or film and TV production.

“By being a leader and adding more and more, we feed the race to the bottom for interstate competition,” said CBC President Andrew Rein.

The budget watchdog has been a consistent critic of governments’ economic development spending. Rein said targeted programs can be useful, but they need “rigorous evaluation.” — Jeff Coltin

FROM THE DELEGATION


Rep. George Santos granted request to move more freely around Washington, D.C., court documents show, by Newsday’s Nicole Fuller

TRUMP'S NEW YORK

Former President Donald Trump speaks during a rally.

Former President Donald Trump speaks during a rally on July 7, 2023, in Council Bluffs, Iowa. | Charlie Riedel/AP Photo

Trump Hush Money Case Will Remain in New York State Court, Judge Rules, by The New York Times’ Jonah E. Bromwich: “But in the order Judge Hellerstein issued Wednesday, he echoed his contention at the hearing that Mr. Trump’s lawyers had failed to show that the behavior at issue — reimbursements to Mr. Trump’s former fixer, Michael D. Cohen, for the hush money payment — was somehow related to the office of the presidency.”

AROUND NEW YORK


$29 million will go toward electric vehicle charging infrastructure in the state. (New York State of Politics)

New York City's subway fare is set to rise to $2.90 in August. (The New York Times)

The state's Cannabis Control Board greenlit more than 200 retail licenses. (Times Union)

 

JOIN 7/27 FOR A TALK ON WOMEN LEADERS IN THE NEW WORKPLACE: In the wake of the pandemic, U.S. lawmakers saw a unique opportunity to address the current childcare system, which has become increasingly unaffordable for millions of Americans, but the initial proposals went nowhere. With the launch of the Congressional Bipartisan Affordable Childcare Caucus in May, there may be a path to make childcare more affordable. Join Women Rule on July 27 to dive into this timely topic and more with featured speakers Rep. Nancy Mace (R-S.C.), Rep. Ro Khanna (D-Calif.) and Reshma Saujani, Founder & CEO of Moms First and Founder of Girls Who Code. REGISTER HERE.

 
 
SOCIAL DATA BY DANIEL LIPPMAN


HAPPY BIRTHDAY: Tom Friedman (7-0) … Franklin Foer … CNN’s David Chalian … King & Spalding’s Justin Dews … NBC News PR’s Joya Manasseh Stuart Elliott

(was Wednesday): Ed SchlossbergJayson Stark

MAKING MOVES — Alexander Niejelow joined the New York Department of Financial Services as Deputy Superintendent for Innovation Policy. Niejelow, a former Obama staffer who also advised Biden’s transition team, was previously a senior vice president at Mastercard, where he led the company's cyber and innovation policy efforts.

Georgette Sierra has joined the Managed Funds Association as its vice president of U.S. government affairs. She was previously a director of U.S. public policy at Credit Suisse and is a former chief of staff to former Rep. Carolyn McCarthy (D-N.Y.). (h/t Morning Money)

SPOTTED at Chris Hughes and Sean Eldridge’s Greenwich Village townhouse for a book party Wednesday evening: Molly Jong-Fast, Ron Chernow, Alex Levy, Julian Zelizer, Emma Straub, Erik Bottcher, Noah Rosenblum, Laurie Segall and Morena Baccarin.

They were celebrating actor-turned-crypto-skeptic Ben McKenzie’s “Easy Money: Cryptocurrency, Casino Capitalism, and the Golden Age of Fraud."

Real Estate

New York Gov. Kathy Hochul presents her executive state budget.

New York Gov. Kathy Hochul presents her executive state budget in the Red Room at the state Capitol on Feb. 1, 2023, in Albany, N.Y. | Hans Pennink/AP Photo

Hochul hauls in big real estate money, by City and State New York's Rebecca C. Lewis: “Hochul of course received plenty of donations from others not in the real estate industry, and titans of the industry have long been heavily involved in politics, with its lobbying arm REBNY one of the largest power players in Albany, offering staunch opposition to strengthening protections like rent stabilization.”

 

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