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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.
Push To Keep State's Teens Out Of Adult Court (City Limits)
49 New Transit Apps Unveiled For 2013 MTA App Quest (WNYC)
Rikers Island Guards To Receive Increased Training After Bloody Brawl (Daily News)
Bloomberg’s Plan For Bigger East Midtown Tower Criticized (NY Times)
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.
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)
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.
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)
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.
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)
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.
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)
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 Attorneyâ€™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.
In the Press...
Attack Ads by Outside Groups With Murky Ties Shape Three Senate Races (NY Times)
Cuomo: Legislature Pay Hike, Other Deals Brewing (Albany Times Union)
NY Ethics Board Eyes Maverick's Notes (Albany Times Union)
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.
Domestic abuse victims not only beaten but often left in debt by their tormenters (Daily News)
Group that won discrimination suit against Fire Department eyes back pay (WNYC)
White firefighters rally at Brooklyn federal court over Fire Department hiring (Daily News)