Tuesday, December 18, 2012
SENATOR RIVERA JOINS PARENTS OF OUR LADY OF MERCY TO CALL ON ARCHDIOCESE TO GIVE SCHOOLS MORE TIME
Before Making Final Decision to Close Eight Schools Slated for Closure in the Bronx
State Senator Gustavo Rivera will join parents of Our Lady of Mercy on Wednesday, December 19, 2012 at 2:00PM to call on the Archdiocese to give Our Lady of Mercy and other local Catholic schools that have been slated for closure until the end of the school year to give individual schools and communities time to come up with a plan to save the school. Between now and the end of the school year, the parents, alumni and community around Our Lady of Mercy wants the time to develop a fundraising plan and a way to both restructure the school and make it financial viable for the future.
WHO: Senator Gustavo Rivera and parents of Our Lady of Mercy
WHAT: Rally to Call on Archdiocese to give schools more time to come up with a plan
WHERE: Our Lady of Mercy - 2510 Marion Ave. Bronx, NY
WHEN: Wednesday, December 19, 2012 at 2:00PM
Schools Slated for Closure in the Bronx:
Our Lady of Mercy
Our Lady of Angels
Holy Spirit
St. Jerome
Blessed Sacrament
St. Anthony
St. Mary
St. Mary Star of the Sea
No Hit, No Run, and a Lot of Errors
WHAT YOU SHOULD KNOW
By Senator Rev. Rubén Díaz
32nd Senatorial District, Bronx County, New York
You should know that it was a perfect coup, well planned, well organized,
and nicely orchestrated. Those behind it should be congratulated.
They even convinced some Senators to change their minds at the last
minute, even those who had already committed and had given their assurance
to Senator John Sampson of their "loyalty." Shame on them!
You should also know that the main reason Senator Jeff Klein left our Conference was Senator Mike Gianaris. After working hard for the Conference, raising millions of dollars, and putting himself aside so former Senator Pedro Espada would be designated Deputy Minority Leader – Jeff Klein got the cold shoulder from the conference leader. Later on, Senator Sampson also demoted Jeff Klein and gave Mike Gianaris the most prestigious position in the Conference as the head of the Democratic State Campaign Committee, humiliating Jeff Klein and his followers. Mike Gianaris showed his appreciation by joining the coordinated team to drop Senator Sampson.
It is important for you to also know that during the past Democratic Primary, Senator Sampson went out of his way to support Senator Martin Malavé Dilan's son against the incumbent Congresswoman Nydia Velazquez. Sampson not only gave Dilan’s son his support, but also contributed money and troops, making Congresswoman Velazquez a very angry political enemy. Senator John Sampson went to yesterday’s meeting counting on Senator Dilan’s support. My dear reader, you should have seen the expression on Senator Sampson’s face when he saw Senator Martin Malavé Dilan raising his hand to support Senator Andrea Stewart Cousins, and not for him. There is a saying in Puerto Rico: “La vida te da sorpresas.” Life is full of surprises.
Now, Senator John Sampson does not stand with Senator Klein, not with Senator Gianaris, not with Senator Dilan, with no Conference Leadership position, and with many powerful enemies like Congresswoman Nydia Velazquez. This is really a no hit, no run, and a lot of errors.
I would also like to offer my two cents of advice to our new Conference Leader Senator Andrea Stewart-Cousins.
First, you should get rid of Senator Ruth Hassell-Thompson as Chairperson of the Conference. Senator Hassell-Thompson’s heavy-handedness, her rudeness, and her lack of respect for her colleagues while leading the Conference was one of Senator Sampson’s biggest mistake. By sitting idle and letting Senator Hassell-Thompson do as she pleased, he angered many who little by little, started to show their frustration and began to organize against Senator Sampson.
My second piece of advice to our newly-elected Leader: Always remember that you have six Hispanic Senators, and excluding me, one or two of the other five should be appointed to Leadership positions.
Thirdly, always give respect and consideration to Members in leadership positions. It is important not only to give them a title, but it is equally important to be sure that they are part of the decision-making process. Don't ignore them when you meet to discuss the Budget and resources.
Finally, as soon as you got elected as our new Leader, I was surprised and shocked to read an article in the Times Union quoting Senators who stated their feelings about your election and among them, there was a quote by me. Even though it was a nice quote, and even though I join the people of the State of New York in celebrating the history-making process of having the first Black woman to lead the Senate Conference, my dear Leader, no one asked me for a quote. I did not give them a quote, and if I were asked I would not have given a quote. The reason? I was among the only six Senators to vote for Senator John Sampson. In other words, I am part of the losing team and as such, I should not be taking credit for something that I didn’t do. Always be sure that your press office checks with someone they intend to quote before releasing any statement.
This is Senator Rev. Rubén Díaz and this is what you should know.
You should also know that the main reason Senator Jeff Klein left our Conference was Senator Mike Gianaris. After working hard for the Conference, raising millions of dollars, and putting himself aside so former Senator Pedro Espada would be designated Deputy Minority Leader – Jeff Klein got the cold shoulder from the conference leader. Later on, Senator Sampson also demoted Jeff Klein and gave Mike Gianaris the most prestigious position in the Conference as the head of the Democratic State Campaign Committee, humiliating Jeff Klein and his followers. Mike Gianaris showed his appreciation by joining the coordinated team to drop Senator Sampson.
It is important for you to also know that during the past Democratic Primary, Senator Sampson went out of his way to support Senator Martin Malavé Dilan's son against the incumbent Congresswoman Nydia Velazquez. Sampson not only gave Dilan’s son his support, but also contributed money and troops, making Congresswoman Velazquez a very angry political enemy. Senator John Sampson went to yesterday’s meeting counting on Senator Dilan’s support. My dear reader, you should have seen the expression on Senator Sampson’s face when he saw Senator Martin Malavé Dilan raising his hand to support Senator Andrea Stewart Cousins, and not for him. There is a saying in Puerto Rico: “La vida te da sorpresas.” Life is full of surprises.
Now, Senator John Sampson does not stand with Senator Klein, not with Senator Gianaris, not with Senator Dilan, with no Conference Leadership position, and with many powerful enemies like Congresswoman Nydia Velazquez. This is really a no hit, no run, and a lot of errors.
I would also like to offer my two cents of advice to our new Conference Leader Senator Andrea Stewart-Cousins.
First, you should get rid of Senator Ruth Hassell-Thompson as Chairperson of the Conference. Senator Hassell-Thompson’s heavy-handedness, her rudeness, and her lack of respect for her colleagues while leading the Conference was one of Senator Sampson’s biggest mistake. By sitting idle and letting Senator Hassell-Thompson do as she pleased, he angered many who little by little, started to show their frustration and began to organize against Senator Sampson.
My second piece of advice to our newly-elected Leader: Always remember that you have six Hispanic Senators, and excluding me, one or two of the other five should be appointed to Leadership positions.
Thirdly, always give respect and consideration to Members in leadership positions. It is important not only to give them a title, but it is equally important to be sure that they are part of the decision-making process. Don't ignore them when you meet to discuss the Budget and resources.
Finally, as soon as you got elected as our new Leader, I was surprised and shocked to read an article in the Times Union quoting Senators who stated their feelings about your election and among them, there was a quote by me. Even though it was a nice quote, and even though I join the people of the State of New York in celebrating the history-making process of having the first Black woman to lead the Senate Conference, my dear Leader, no one asked me for a quote. I did not give them a quote, and if I were asked I would not have given a quote. The reason? I was among the only six Senators to vote for Senator John Sampson. In other words, I am part of the losing team and as such, I should not be taking credit for something that I didn’t do. Always be sure that your press office checks with someone they intend to quote before releasing any statement.
This is Senator Rev. Rubén Díaz and this is what you should know.
Sampson out Stewart-Cousins In
In what has been said to be a 19 - 6 vote Westchester Democratic State Senator Andrea Stewart-Cousins has replaced Brooklyn State Senator John Sampson as the Senate Democratic Conference Leader. Sampson was placed in the position of Democratic Conference Leader after the Pedro Espada- Four Amigo power grab in 2009. That was the downfall of Malcolm Smith as Democratic Conference Leader, and led to the creation of the (now five member) Independent Democratic Conference led by Smith's former Deputy Leader Senator Jeff Klein.
In a Timesunion article an Albany newspaper you can read more about the change in power on the Democratic side of the state senate, and what the results of the vote could be.
UPDATE :
Check the next entry by State Senator Ruben Diaz Sr. about the Timesunion article that quotes him. Diaz Sr. says that he was never asked for a quote.
"The vote was 19-6, according to Bronx Sen. Ruben Diaz Sr., who said that he, Harlem Sen. Bill Perkins, Brooklyn Sen. Eric Adams, Westchester Sen. Ruth Hassell-Thompson and Washington Heights Sen. Adriano Espaillat voted for Sampson. A spokesman could not immediately confirm that tally".
**********************************************************
UPDATE :
Check the next entry by State Senator Ruben Diaz Sr. about the Timesunion article that quotes him. Diaz Sr. says that he was never asked for a quote.
"The vote was 19-6, according to Bronx Sen. Ruben Diaz Sr., who said that he, Harlem Sen. Bill Perkins, Brooklyn Sen. Eric Adams, Westchester Sen. Ruth Hassell-Thompson and Washington Heights Sen. Adriano Espaillat voted for Sampson. A spokesman could not immediately confirm that tally".
**********************************************************
Saturday, December 15, 2012
Tree Lighting on White Plains Road
Not only did newly elected 80th A.D. Assemblyman Mark Gjonaj bring a Chanukah menorah to White Plains Road and Pelham Parkway, but Friday night was the lighting of the White Plains Road Pelham Parkway Christmas Tree courtesy of Mr. Mark Gjonaj for the first time. As you will see in the photos below State Senator Jeff Klein, Assemblyman Mike Benedetto, representatives of Congressman Joe Crowley and Councilman Jimmy Vacca, local community leaders, and hundreds of people came to see the work of Assemblyman Mark Gjonaj, and he is not officially in office yet. When i asked why he was doing this for the community, Assemblyman Gjonaj said " I am only happy to do this for the people of the community". Some of the photos may appear a little dark as it was night time when they were taken.
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Left - You can see both the Chunakah menorah and Christmas tree on the corner of White Plains Road and Pelham Parkway both provided by newly elected Assemblyman Mark Gjonaj.
Right - White Plains Road BID Director Joe Thompson adds the final touches to the tree before the ceremony
Left - Children from PS 108 sing a few Christmas songs for the crowd.
Right - Assemblyman Gjonaj is between the Columbus Campus Dance, Step, & Cheerleader team.
Left - You can see the crowd looking for Santa to arrive.
Right - The horse drawn hayride also provided by Assemblyman Gjonaj is coming down Pelham Parkway, as it looks like Santa is getting down from the drivers seat.
Left - Santa poses for pictures by the light of the Chunakah menorah, with the White Plains Road elevated subway in the background.
Right - Assemblyman Gjonaj and Senator Klein are joined by Santa as 80th A.D. State Committeeman Joe McManus is at the mike.
Assemblyman Gjonaj, Senator Klein, and everyone watches as the White Plains Road Christmas tree is lit.
Friday, December 14, 2012
LIU GROUNDS TAXI OF TOMORROW
Comptroller Rejects Contract That Violates Civil Rights
City Comptroller John C. Liu today officially rejected the so-called Taxi of Tomorrow, writing to Mayor Bloomberg that the contract may violate the federal Americans with Disabilities Act (ADA) and increase the City’s exposure to costly lawsuits.
“City Hall’s refusal to provide wheelchair-accessible cabs to people with disabilities is inexplicable and we believe it violates the ADA," Comptroller Liu said. “We should not go ahead with a so-called Taxi of Tomorrow that perpetuates a shamefully separate and unequal cab fleet for another decade.”
Comptroller Liu’s letter to the Mayor details his refusal to register the Taxi of Tomorrow agreement on the grounds that it may not only violate the civil rights of wheelchair users, but also puts the City at significant risk of lawsuits.
The Taxi of Tomorrow plan has been met with outrage and objections and is currently the subject of a lawsuit that seeks its demise.
“Tens of thousands of disabled New Yorkers and visitors are inconvenienced by our inaccessible taxi system,” said James Weisman, Senior Vice President and General Counsel of the United Spinal Association. “The Taxi of Tomorrow was a chance to solve this problem. Instead Taxi and Limousine Commissioner David Yassky and the Mayor have chosen to perpetuate it at great cost to taxpayers. Access-A-Ride and Medicaid transportation costs would be reduced substantially if the taxi system were accessible to wheelchair users.”
“The City’s decision to adopt a non-accessible Taxi of Tomorrow puts many New Yorkers at risk,” said Chris Noel, lead plaintiff in the lawsuit Noel, et al. v. Taxi and Limousine Commission (TLC). “Many
disabled and elderly people were left stranded during Superstorm Sandy because most forms of transportation weren’t accessible until things were up and running again. In an emergency, getting an accessible taxi could be a matter of life-and-death for wheelchair users. Mayor Bloomberg has missed a major opportunity by neglecting the disabled population’s taxicab needs.”
“It is unfathomable to me that the Mayor and the City of New York are trying to proceed with an inaccessible Taxi of Tomorrow program,” said Paul Tobin, LMSW, President & CEO United Spinal Association. “Discrimination in any form, against any protected class, should never be tolerated — especially by our elected officials.”
“A week after the U.S. Senate failed to ratify a U.N. treaty promoting civil rights for people with disabilities, City Hall seems determined to tell disabled New Yorkers to wait another decade to be able to hail a cab,” said Edith Prentiss, Chairperson of the Taxis for All Campaign.
“From the Ground Zero mosque to gay marriage, the Mayor has always been about freedom for all,” said Dr. James Post, a Bronx physician who uses a wheelchair and is an advocate for accessible taxis. “I don’t understand his stubborn resistance to having taxicabs accessible to all New Yorkers. Why is he comfortable allowing New York to be second rate when it comes to equal access to transportation?”
“Comptroller Liu’s actions today should not be viewed as a rejection of the Taxi of Tomorrow,” said Assembly Member Micah Z. Kellner, “but as an opportunity for the Bloomberg Administration to start anew and ensure New York City’s iconic yellow taxis are accessible to everyone for the next decade.”
“I applaud the Comptroller’s decision to reject the proposed ‘Taxi of Tomorrow’ contract between the City and Nissan, which would require medallion owners to purchase the NV-200, an inaccessible van, for the next ten years,” said Council Member Oliver Koppell. “As chair of the NYC Council committee with oversight on disability services and the lead sponsor, along with 36 of my colleagues, of legislation that would mandate an all-accessible taxi fleet, I find the Mayor’s decision to select the NV-200 completely deplorable. Not only is the inaccessible van design a slap in the face to wheelchair users, I strongly believe that it violates the Americans with Disabilities Act. New York should be like other world class cities, such as London, which has a 100% wheelchair accessible fleet, and not treat our residents and tourists with disabilities like second-class citizens.”
“I support Comptroller Liu’s rejection of the Taxi of Tomorrow contract with Nissan,” said Council Member Jumaane Williams. “Mayor Bloomberg had an opportunity to approve of an agreement with a company that would have built 100% ADA-compliant vehicles in the borough of Brooklyn with homegrown labor. Instead, he opted for a plan that disadvantages the already disadvantaged in our city. It also fails to address the exorbitant costs we pay for Access-a-Ride and ambulette services, which could be mitigated by a fleet of wheelchair-accessible taxis. Let’s take this opportunity to go back to the drawing board and make a contract that makes sense for all New Yorkers.”
“The City has a major decision to make on a taxi of the future, and we must consider the future of all New Yorkers including those with disabilities,” said Council Member Daniel Holloran. “Further, one manufacturer has promised not only to create taxis that are accessible to disabled New Yorkers, but to manufacture them
locally, bringing jobs and new industry to the City. This is a proposal that represents the future in more ways than one.”
“I want to applaud Comptroller John Liu for demanding that the City of New York adopt an accessible Taxi of Tomorrow,” said Council Member Gale A. Brewer. “We cannot waste this tremendous opportunity for the City to provide all New Yorkers equal access to a vital form of transportation.”
“With the new contract, we ought to harness the opportunity to ensure that all New Yorkers have access to taxis as an efficient transportation option,” said Council Member Stephen Levin. “Instead of retrofitting taxis, we should seek a model that is already wheelchair-accessible. I applaud the leadership of Comptroller Liu and my colleague, Council Member Koppell, for their efforts in making our city more accessible for New Yorker residents and visitors alike.”
“I believe it is incredibly significant that the greatest City in the World provide transportation alternatives for people with disabilities,” said Council Member Sara M. González. “There are people with disabilities who are well-educated, extremely capable, well-positioned and employed, but their productivity is diminished by the fact that they cannot readily hail a taxi to get to a last minute meeting or conference. They are often not able to work late because getting home would be a problem. People with disabilities face unreasonable obstacles when their transportation needs are limited to pre-scheduled arrangements whether their destinations are related to employment, medical, scholastic or social concerns. I believe therefore that there is a fiscal impact to not providing accessible taxicabs, as well as an effect on tourism, when other major cities, like London, have a 100% accessible fleet.”
“I support taxis for all, not just taxis for some,” said Council Member Daniel Dromm. “We need a fleet that serves all New Yorkers. Halfway measures are inadequate. Our disabled community deserves full access.”
“The Taxi of Tomorrow presented the City with an opportunity to finally afford disabled New Yorkers with full access to our city’s yellow cabs,” said Council Member Melissa Mark-Viverito. “Unfortunately the administration instead dismissively chose a design that continues to limit these New Yorkers’ ability to hail a taxi. This is unacceptable. I thank Comptroller John Liu for holding firm and rejecting this contract. I also thank Council Member Koppell who has been a consistent and strong voice on this issue.”
The so-called Taxi of Tomorrow cannot accommodate wheelchair users unless a medallion owner opts to spend an estimated $14,000 — half the cost of the car —to install a wheelchair ramp in the trunk, leaving
room for just one additional passenger.
“It is baffling that the City continues to miss this opportunity to once again demonstrate that New York City is a leader when it comes to inclusion and the protection of individuals rights,” Comptroller Liu said. “We must not allow New York’s yellow taxi fleet to become a symbol of exclusion that tramples the rights of wheelchair users.”
BACKGROUND:
In 2009, Mayor Bloomberg recommended that the Taxi of Tomorrow “provide universal accessibility for all passengers, including passengers in wheelchairs.” The recommendation was made in a City Hall report, “Age Friendly NYC: Enhancing Our City’s Livability for Older New Yorkers.” The full report can be downloaded here: http://www.nyc.gov/html/om/
In May 2012, Comptroller Liu requested Mayor Bloomberg and the TLC amend the proposed Taxi of Tomorrow design to require it be wheelchair accessible cabs before sending any agreement for registration.
Comptroller Liu’s May 2, 2012 letter to the Mayor is here:
http://www.comptroller.nyc.
On Nov. 16, 2012, the TLC sent the Taxi of Tomorrow agreement to Comptroller Liu for registration. Comptroller Liu had 30 days to register or reject the agreement.
______________________
TEXT OF COMPTROLLER LIU’S LETTER TO MAYOR BLOOMBERG:
December 14, 2012
Honorable Michael Bloomberg
Office of the Mayor
City Hall
New York, NY 10007
RE: Nissan Taxi Marketing, N.A., LLC
Contract Number: 20135400961
Dear Mayor Bloomberg:
On November 16, 2012, the Department of Citywide Administrative Services submitted to the Office of the Comptroller for registration a contract for Nissan Taxi Marketing, N.A., LLC (“NTMNA”) to serve as the mandatory source for all new vehicles, the so-called “Taxi of Tomorrow,” for the New York City taxi fleet. Following a thorough review by the Office of the Comptroller, I am rejecting this contract, because it ignores the civil rights of those New Yorkers who use wheelchairs by failing to require a wheelchair accessible vehicle. This failure is inexcusable and an affront not only to the disabled community, but to all New Yorkers who believe in fairness. Moreover, given pending lawsuits that directly and indirectly challenge this contract, it is clear to me that its implementation raises significant risk to the City.
First, a newly-filed lawsuit, Committee for Taxi Safety v. City of New York, Index No. 104315/2012 (Sup. Ct. NY Co., Nov. 29, 2012), raises serious legal concerns that the contract award by the Taxi and Limousine Commission (the “TLC”) to NTMNA for the model NV200 taxi was arbitrary and capricious in light of: (1) an outmoded vehicle design; (2) unsuitability for City road conditions a sole source for parts and replacement vehicles.
Second, in the aftermath of Superstorm Sandy, mandating a taxi that is not wheelchair accessible raises a grave risk that people who use wheelchairs will not be able to evacuate safely. Indeed, the U.S. District Court in Manhattan recently set for trial a class action lawsuit alleging that the City’s disaster planning unlawfully fails to provide adequately for persons with disabilities, in part because of the lack of wheelchair accessible taxis. Brooklyn Center for Independence of the Disabled v. Bloomberg, 11 Civ. 6690 (S.D.N.Y. Nov. 7, 2012). The TLC’s non-accessible Taxi of Tomorrow only worsens the serious storm risks faced by people with impaired mobility.
Finally, serious concerns remain that the Taxi of Tomorrow violates the Americans with Disabilities Act (the “ADA”) and the related regulations of the U.S. Department of Transportation. The ADA and those regulations require that when a public entity controls private taxis as pervasively as if they were the public entity’s program, the taxis used must be wheelchair accessible. Here, the TLC has put into effect a strict program requiring that all taxi owners must purchase only one specific vehicle that, as built, is not wheelchair
accessible. At best, a clumsy optional retrofit of the Taxi of Tomorrow results in a potentially dangerous condition, whereby a person in a wheelchair must enter into the rear of an idling taxi in the road, rather than from the side of the taxi at or near the curb. The City has mandated a taxi that the disabled cannot use, and the owners would not choose.
The United States Court of Appeals for the Second Circuit, while ruling in June 2012 that the City’s existing taxi fleet rules did not violate the ADA, noted that the TLC could violate the ADA if it were to mandate a taxi that was not accessible:
Plaintiffs suggest that the Taxi–for–Tomorrow Initiative violates Title II (A) by effectively preventing medallion owners from using an accessible vehicle. . . The current model of the NV200 is not accessible, but the model that would serve as the standard taxi is still being developed. . . We decline to decide now issues that might arise in the future as the project goes forward. Noel v. New York City Taxi and Limousine Commission, 687 F.3d 63, 72 n. 7 (2nd Cir. 2012).
That has now happened: The TLC has ordered New York City taxi drivers to buy a taxi that is not wheelchair accessible, and cannot be easily adapted to provide safe and dignified wheelchair access.
In short, by mandating a “Taxi of Tomorrow” that is not wheelchair accessible, the City has disregarded the civil rights of the disabled community and put City residents at unnecessary risk, and so I reject this improper contract.
Sincerely,
John C. Liu
“City Hall’s refusal to provide wheelchair-accessible cabs to people with disabilities is inexplicable and we believe it violates the ADA," Comptroller Liu said. “We should not go ahead with a so-called Taxi of Tomorrow that perpetuates a shamefully separate and unequal cab fleet for another decade.”
Comptroller Liu’s letter to the Mayor details his refusal to register the Taxi of Tomorrow agreement on the grounds that it may not only violate the civil rights of wheelchair users, but also puts the City at significant risk of lawsuits.
The Taxi of Tomorrow plan has been met with outrage and objections and is currently the subject of a lawsuit that seeks its demise.
“Tens of thousands of disabled New Yorkers and visitors are inconvenienced by our inaccessible taxi system,” said James Weisman, Senior Vice President and General Counsel of the United Spinal Association. “The Taxi of Tomorrow was a chance to solve this problem. Instead Taxi and Limousine Commissioner David Yassky and the Mayor have chosen to perpetuate it at great cost to taxpayers. Access-A-Ride and Medicaid transportation costs would be reduced substantially if the taxi system were accessible to wheelchair users.”
“The City’s decision to adopt a non-accessible Taxi of Tomorrow puts many New Yorkers at risk,” said Chris Noel, lead plaintiff in the lawsuit Noel, et al. v. Taxi and Limousine Commission (TLC). “Many
disabled and elderly people were left stranded during Superstorm Sandy because most forms of transportation weren’t accessible until things were up and running again. In an emergency, getting an accessible taxi could be a matter of life-and-death for wheelchair users. Mayor Bloomberg has missed a major opportunity by neglecting the disabled population’s taxicab needs.”
“It is unfathomable to me that the Mayor and the City of New York are trying to proceed with an inaccessible Taxi of Tomorrow program,” said Paul Tobin, LMSW, President & CEO United Spinal Association. “Discrimination in any form, against any protected class, should never be tolerated — especially by our elected officials.”
“A week after the U.S. Senate failed to ratify a U.N. treaty promoting civil rights for people with disabilities, City Hall seems determined to tell disabled New Yorkers to wait another decade to be able to hail a cab,” said Edith Prentiss, Chairperson of the Taxis for All Campaign.
“From the Ground Zero mosque to gay marriage, the Mayor has always been about freedom for all,” said Dr. James Post, a Bronx physician who uses a wheelchair and is an advocate for accessible taxis. “I don’t understand his stubborn resistance to having taxicabs accessible to all New Yorkers. Why is he comfortable allowing New York to be second rate when it comes to equal access to transportation?”
“Comptroller Liu’s actions today should not be viewed as a rejection of the Taxi of Tomorrow,” said Assembly Member Micah Z. Kellner, “but as an opportunity for the Bloomberg Administration to start anew and ensure New York City’s iconic yellow taxis are accessible to everyone for the next decade.”
“I applaud the Comptroller’s decision to reject the proposed ‘Taxi of Tomorrow’ contract between the City and Nissan, which would require medallion owners to purchase the NV-200, an inaccessible van, for the next ten years,” said Council Member Oliver Koppell. “As chair of the NYC Council committee with oversight on disability services and the lead sponsor, along with 36 of my colleagues, of legislation that would mandate an all-accessible taxi fleet, I find the Mayor’s decision to select the NV-200 completely deplorable. Not only is the inaccessible van design a slap in the face to wheelchair users, I strongly believe that it violates the Americans with Disabilities Act. New York should be like other world class cities, such as London, which has a 100% wheelchair accessible fleet, and not treat our residents and tourists with disabilities like second-class citizens.”
“I support Comptroller Liu’s rejection of the Taxi of Tomorrow contract with Nissan,” said Council Member Jumaane Williams. “Mayor Bloomberg had an opportunity to approve of an agreement with a company that would have built 100% ADA-compliant vehicles in the borough of Brooklyn with homegrown labor. Instead, he opted for a plan that disadvantages the already disadvantaged in our city. It also fails to address the exorbitant costs we pay for Access-a-Ride and ambulette services, which could be mitigated by a fleet of wheelchair-accessible taxis. Let’s take this opportunity to go back to the drawing board and make a contract that makes sense for all New Yorkers.”
“The City has a major decision to make on a taxi of the future, and we must consider the future of all New Yorkers including those with disabilities,” said Council Member Daniel Holloran. “Further, one manufacturer has promised not only to create taxis that are accessible to disabled New Yorkers, but to manufacture them
locally, bringing jobs and new industry to the City. This is a proposal that represents the future in more ways than one.”
“I want to applaud Comptroller John Liu for demanding that the City of New York adopt an accessible Taxi of Tomorrow,” said Council Member Gale A. Brewer. “We cannot waste this tremendous opportunity for the City to provide all New Yorkers equal access to a vital form of transportation.”
“With the new contract, we ought to harness the opportunity to ensure that all New Yorkers have access to taxis as an efficient transportation option,” said Council Member Stephen Levin. “Instead of retrofitting taxis, we should seek a model that is already wheelchair-accessible. I applaud the leadership of Comptroller Liu and my colleague, Council Member Koppell, for their efforts in making our city more accessible for New Yorker residents and visitors alike.”
“I believe it is incredibly significant that the greatest City in the World provide transportation alternatives for people with disabilities,” said Council Member Sara M. González. “There are people with disabilities who are well-educated, extremely capable, well-positioned and employed, but their productivity is diminished by the fact that they cannot readily hail a taxi to get to a last minute meeting or conference. They are often not able to work late because getting home would be a problem. People with disabilities face unreasonable obstacles when their transportation needs are limited to pre-scheduled arrangements whether their destinations are related to employment, medical, scholastic or social concerns. I believe therefore that there is a fiscal impact to not providing accessible taxicabs, as well as an effect on tourism, when other major cities, like London, have a 100% accessible fleet.”
“I support taxis for all, not just taxis for some,” said Council Member Daniel Dromm. “We need a fleet that serves all New Yorkers. Halfway measures are inadequate. Our disabled community deserves full access.”
“The Taxi of Tomorrow presented the City with an opportunity to finally afford disabled New Yorkers with full access to our city’s yellow cabs,” said Council Member Melissa Mark-Viverito. “Unfortunately the administration instead dismissively chose a design that continues to limit these New Yorkers’ ability to hail a taxi. This is unacceptable. I thank Comptroller John Liu for holding firm and rejecting this contract. I also thank Council Member Koppell who has been a consistent and strong voice on this issue.”
The so-called Taxi of Tomorrow cannot accommodate wheelchair users unless a medallion owner opts to spend an estimated $14,000 — half the cost of the car —to install a wheelchair ramp in the trunk, leaving
room for just one additional passenger.
“It is baffling that the City continues to miss this opportunity to once again demonstrate that New York City is a leader when it comes to inclusion and the protection of individuals rights,” Comptroller Liu said. “We must not allow New York’s yellow taxi fleet to become a symbol of exclusion that tramples the rights of wheelchair users.”
BACKGROUND:
In 2009, Mayor Bloomberg recommended that the Taxi of Tomorrow “provide universal accessibility for all passengers, including passengers in wheelchairs.” The recommendation was made in a City Hall report, “Age Friendly NYC: Enhancing Our City’s Livability for Older New Yorkers.” The full report can be downloaded here: http://www.nyc.gov/html/om/
In May 2012, Comptroller Liu requested Mayor Bloomberg and the TLC amend the proposed Taxi of Tomorrow design to require it be wheelchair accessible cabs before sending any agreement for registration.
Comptroller Liu’s May 2, 2012 letter to the Mayor is here:
http://www.comptroller.nyc.
On Nov. 16, 2012, the TLC sent the Taxi of Tomorrow agreement to Comptroller Liu for registration. Comptroller Liu had 30 days to register or reject the agreement.
______________________
TEXT OF COMPTROLLER LIU’S LETTER TO MAYOR BLOOMBERG:
December 14, 2012
Honorable Michael Bloomberg
Office of the Mayor
City Hall
New York, NY 10007
RE: Nissan Taxi Marketing, N.A., LLC
Contract Number: 20135400961
Dear Mayor Bloomberg:
On November 16, 2012, the Department of Citywide Administrative Services submitted to the Office of the Comptroller for registration a contract for Nissan Taxi Marketing, N.A., LLC (“NTMNA”) to serve as the mandatory source for all new vehicles, the so-called “Taxi of Tomorrow,” for the New York City taxi fleet. Following a thorough review by the Office of the Comptroller, I am rejecting this contract, because it ignores the civil rights of those New Yorkers who use wheelchairs by failing to require a wheelchair accessible vehicle. This failure is inexcusable and an affront not only to the disabled community, but to all New Yorkers who believe in fairness. Moreover, given pending lawsuits that directly and indirectly challenge this contract, it is clear to me that its implementation raises significant risk to the City.
First, a newly-filed lawsuit, Committee for Taxi Safety v. City of New York, Index No. 104315/2012 (Sup. Ct. NY Co., Nov. 29, 2012), raises serious legal concerns that the contract award by the Taxi and Limousine Commission (the “TLC”) to NTMNA for the model NV200 taxi was arbitrary and capricious in light of: (1) an outmoded vehicle design; (2) unsuitability for City road conditions a sole source for parts and replacement vehicles.
Second, in the aftermath of Superstorm Sandy, mandating a taxi that is not wheelchair accessible raises a grave risk that people who use wheelchairs will not be able to evacuate safely. Indeed, the U.S. District Court in Manhattan recently set for trial a class action lawsuit alleging that the City’s disaster planning unlawfully fails to provide adequately for persons with disabilities, in part because of the lack of wheelchair accessible taxis. Brooklyn Center for Independence of the Disabled v. Bloomberg, 11 Civ. 6690 (S.D.N.Y. Nov. 7, 2012). The TLC’s non-accessible Taxi of Tomorrow only worsens the serious storm risks faced by people with impaired mobility.
Finally, serious concerns remain that the Taxi of Tomorrow violates the Americans with Disabilities Act (the “ADA”) and the related regulations of the U.S. Department of Transportation. The ADA and those regulations require that when a public entity controls private taxis as pervasively as if they were the public entity’s program, the taxis used must be wheelchair accessible. Here, the TLC has put into effect a strict program requiring that all taxi owners must purchase only one specific vehicle that, as built, is not wheelchair
accessible. At best, a clumsy optional retrofit of the Taxi of Tomorrow results in a potentially dangerous condition, whereby a person in a wheelchair must enter into the rear of an idling taxi in the road, rather than from the side of the taxi at or near the curb. The City has mandated a taxi that the disabled cannot use, and the owners would not choose.
The United States Court of Appeals for the Second Circuit, while ruling in June 2012 that the City’s existing taxi fleet rules did not violate the ADA, noted that the TLC could violate the ADA if it were to mandate a taxi that was not accessible:
Plaintiffs suggest that the Taxi–for–Tomorrow Initiative violates Title II (A) by effectively preventing medallion owners from using an accessible vehicle. . . The current model of the NV200 is not accessible, but the model that would serve as the standard taxi is still being developed. . . We decline to decide now issues that might arise in the future as the project goes forward. Noel v. New York City Taxi and Limousine Commission, 687 F.3d 63, 72 n. 7 (2nd Cir. 2012).
That has now happened: The TLC has ordered New York City taxi drivers to buy a taxi that is not wheelchair accessible, and cannot be easily adapted to provide safe and dignified wheelchair access.
In short, by mandating a “Taxi of Tomorrow” that is not wheelchair accessible, the City has disregarded the civil rights of the disabled community and put City residents at unnecessary risk, and so I reject this improper contract.
Sincerely,
John C. Liu
Upoming Events - Council Member Ydanis Rodriguez
P.S. 2013: Shaping the Education Agenda for our Next Mayor
Wednesday December 19th, 8:30pm
P.S. 132 Juan Pablo Duarte (182nd and Wadsworth ave.)
In
2013, New York City will elect a new mayor for the first time in 12
years. In the past decade, massive reforms have transformed NYC schools,
but without the gains in student achievement that communities want. We
know what works and what is not working. 2013 is the first chance in 12
years to take NYC public schools in a new direction.
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Museo Del Barrio's 36th Annual Three Kings Day Parade
Friday, January 4th, 2013 9:30am
1230 5th Avenue (104th St.)
Take
part in the Three Kings Day festivities with el Museo Del Barrio as we
march through the streets of El Barrio. A great way to get involved and
interact with the community!
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The Inauguration of Assembly Member Gabriela Rosa
Sunday, January 6th, 2013 3:00 pm
P.S. 48 4360 Broadway (bet. 186th & 187th st.)
Come
out and support our newly elected Assembly Woman, Gabriela Rosa at her
swearing-in ceremony. Gabriela will represent the 72nd Assembly Election
District in Washington Heights and Inwood. She is a progressive fighter
for social justice, quality education and affordable housing.
For more information email: Gabriela4Assembly@gmail.com
Thursday, December 13, 2012
Wave Hill Events December 28–January 4
At Wave Hill we
take our cue from Mother Nature as the new year arrives: She looks
serene and still, but don’t let that fool you into forgetting that even
now, deep below the surface, she is thinking ahead to spring. A walk
through the gardens and, if you’re lucky enough to have youngsters in
tow, a Family Art project, will encourage you to get in touch naturally
with the unique delights of this season.
SAT, DECEMBER 29 FAMILY ART PROJECT—CREATE YOUR YEAR: HELLO, 2013!
Create Your Year―Hello 2013!/¡Feliz Año Nuevo! Crea tu proprio calendario de 2013
Envision
the year ahead, design your seasons and capture their delights with
beautiful, Wave Hill-inspired images to create your very own hanging
calendar for the new year. Free, and admission to the grounds is free
until noon.
ECOLOGY BUILDING, 10AM‒1PM
SUN, DECEMBER 30 FAMILY ART PROJECT—CREATE YOUR YEAR: HELLO, 2013!
Create Your Year―Hello 2013!/¡Feliz Año Nuevo! Crea tu proprio calendario de 2013
Envision
the year ahead, design your seasons and capture their delights with
beautiful, Wave Hill-inspired images to create your very own hanging
calendar for the new year. Free with admission to the grounds.
ECOLOGY BUILDING, 10AM‒1PM
SUN, DECEMBER 30 GARDEN AND CONSERVATORY HIGHLIGHTS WALK
Join us for an hour-long tour of seasonal garden highlights. Free with admission to the grounds.
MEET AT PERKINS VISITOR CENTER, 2PM
MON, DECEMBER 31
Closed to the public
TUE, JANUARY 1 NEW YEAR’S DAY
Closed to the public.
A
28-acre public garden and cultural center overlooking the Hudson River
and Palisades, Wave Hill’s mission is to celebrate the artistry and
legacy of its gardens and landscape, to preserve its magnificent views,
and to explore human connections to the natural world through programs
in horticulture, education and the arts.
HOURS Open all year, Tuesday through Sunday and many major holidays: 9AM—4:30PM. Closes 5:30PM, March 15—October 31.
ADMISSION $8 adults, $4 students and seniors 65+, $2 children 6—18. Free Saturday mornings until noon. Free all day Tuesdays in December and January. Free to Wave Hill Members and children under 6.
PROGRAM FEES Program s are free with admission to the grounds unless otherwise noted.
Visitors
to Wave Hill can take advantage of Metro-North’s one-day getaway offer.
Purchase a discount round-trip rail far and discount admission to the
gardens. More at http://mta.info/mnr/html/
DIRECTIONS
– Getting here is easy! Located only 3o minutes from midtown Manhattan,
Wave Hill’s free shuttle van transports you to and from our front gate
and Metro-North’s Riverdale station, as well as the 242nd
Street stop on the #1 subway line. Limited onsite parking is available
for $8 per vehicle. Free offsite parking is available nearby with
continuous, complimentary shuttle service to and from the offsite lot
and our front gate. Complete directions and shuttle bus schedule at www.wavehill.org/visit/.
Information at 718.549.3200. On the web at www.wavehill.org.
NYC Teacher Pension Fund Pledges $1 Billion to Investments in Post-Sandy Reconstruction and Other Critical Infrastructure
New Funding is Progress in Meeting a $10
billion Clinton Global Initiative Commitment to Action to Invest in American
Infrastructure
New
York
– In the wake of Hurricane Sandy, the New York City Teachers Retirement System
has pledged $1 billion to new investments in infrastructure projects, including
improvements to transportation, power, water, communications, and housing in
New York City and throughout the tri-state area.
While all
projects will be rated on the basis of their return and the fund’s fiduciary
standards, potential investments could range from repairing bridges to
rebuilding housing destroyed by the hurricane. In addition to repairing
and upgrading facilities used by hundreds of thousands of New Yorkers, the
infrastructure fund could create thousands of jobs.
This pledge
is part of a multi-year Clinton Global Initiative (CGI) Commitment to Action
made by the AFL-CIO, American Federation of Teachers (AFT), and partners at the
inaugural CGI America meeting in June 2011. The AFL-CIO, AFT, AFL-CIO Building
and Construction Trades Department, Union Labor Life Insurance Company,
American Federation of State, County and Municipal Employees, AFL-CIO’s Housing
Investment Trust, AFL-CIO Working for America Institute, and other partners
committed to encourage both workers’ capital and skilled labor to contribute to
large-scale investments in the reconstruction of America's built environment.
Working with money managers, asset consultants, pension funds, developers, and
federal, state and local governments, the Commitment to Action will finance the
construction and repair of quality public infrastructure which will result in
at least $10 billion in workers' capital invested in this area within five
years. The CGI Commitment also includes a pledge to invest $10 to $20 million in
energy efficient retrofits and an effort to train 40,000 new apprentices and
100,000 mid-career construction workers in the skills necessary to work on 21st
century infrastructure projects. To date, the commitment has reached more
than $2.7 billion of its total goal.
At a press
conference this afternoon, President Bill Clinton, Secretary of the Department
of Housing and Urban Development and point person for the Obama
Administration’s long-term Hurricane Sandy recovery effort Shaun
Donovan, UFT President Michael Mulgrew, Comptroller for the City of New
York John Liu, and AFT President Randi Weingarten announced the $1 billion
allocation, which will not only create jobs, but also strengthen infrastructure
so New York is better prepared to protect vulnerable populations from the
rising sea levels, droughts, and increased frequency of storms that coincide
with climate change.
“Together
the work will benefit our future not only in terms of more efficient buildings
and reducing the threat of climate change, but also in the lives of teachers,
construction workers, and in lowering energy costs for people all over
America,” said President Clinton. “This is a remarkable commitment. It
represents a very significant step forward in meeting the entire AFL-CIO CGI commitment
to bring Americans back to work, to bring inefficient buildings up to speed,
and in this case, to putting us on the path to a sustainable future for New
York City.”
“The
critical commitment of the Teachers Retirement System at this early stage is one
that I hope will inspire and encourage others,” said Secretary Donovan. “This
infusion of private capital is like seed money that will allow us to address
not only the recovery from Sandy but also the underlying infrastructure
challenges that our communities face.”
UFT
President Michael Mulgrew said: “We have been working for months to create
an investment strategy for the teacher pension fund that will help meet New
York’s pressing needs for repairing and updating our roads and bridges, our
water and power systems, and middle-income housing. Hurricane Sandy has
brought those needs into keener focus, and I am happy to stand here today and
say that the teachers of New York City are taking a leadership role in helping
to rebuild our city and state.”
“New Yorkers
prove their determination and ingenuity in times of adversity,” said New York
City Comptroller John C. Liu. “Sandy hit us hard, but the superstorm will
not keep us down. This innovative plan could help us rebuild the City,
create jobs, and yield solid returns on our pension funds. Together we can
produce great projects that are also sound investments.”
“This
investment is another example of America’s educators stepping up to not only
educate and care for our children but to also revitalize our communities,
create jobs, and strengthen our economy,” said American Federation of Teachers
President Randi Weingarten. “New York City Teacher Pension funds have always
taken a lead in tough times to rebuild our city, from buying city bonds to
avert bankruptcy in the 1970s to investing hundreds of millions in the stock
market to bolster the economy after 9/11when economic activity had pretty much
stopped in lower Manhattan. This investment continues that tradition in the
wake of superstorm Sandy and budget cuts that have stifled investment and is
part of a broader effort by labor to invest in America’s future and create
jobs. I couldn’t be prouder of my home city, my home local, of the labor
movement, and to be doing this with President Clinton and the Clinton Global
Initiative.”
“Infrastructure
investments are critical to maintaining our economic security, as has been
brought into stark relief by Hurricane Sandy,” said Gary LaBarbera, president
of the Building and Construction Trades Council of New York. “Today's announcement
of a $1 billion investment by the New York City Teachers Retirement System in
our infrastructure underscores the leadership role that organized labor,
working with the Clinton Global Initiative and our friends in business and
government, can play in bringing the level of resources to bear that are needed
to collectively meet this challenge and create thousands of jobs.”
Investments
in infrastructure have the potential to provide enhanced fixed-income returns,
while creating jobs, enhancing our nation's competitiveness, and addressing the
threat of climate change and foreign energy dependence. Recent estimates of the
number of jobs created directly or indirectly by infrastructure investment vary
from 18,000 jobs per $1 billion invested (American Public Transportation
Association 2009 study) to 36,000 jobs per $1 billion invested (University of
Massachusetts at Amherst 2009 report).
The Teachers
Retirement System infrastructure investments could take the form of bonds
purchased by the fund from owners of the projects, or in partial ownership of
the projects themselves. Recommendations about actual projects or the form of
investment in them will be made by investment professionals on the
Comptroller’s staff to the trustees of the TRS, who will make the final
decision. The Trustees of the New York City Teachers’ Retirement System (TRS)
are: Chairperson Melvyn Aaronson, United Federation of Teachers; Sandra March
and Mona Romain, United Federation of Teachers; John Liu, New York City
Comptroller; Kathleen Grimm, New York City Department of Education; Carolyn
Wolpert and Frieda Foster, Mayor’s appointees. The New York City Teachers
Pension Fund manages assets of approximately $46 billion for approximately
110,000 in-service members and nearly 80,000 retirees.
###
About
the Clinton Global Initiative
Established in 2005 by President Bill Clinton, the Clinton Global Initiative (CGI) convenes global leaders to create and implement innovative solutions to the world’s most pressing challenges. CGI Annual Meetings have brought together more than 150 heads of state, 20 Nobel Prize laureates, and hundreds of leading CEOs, heads of foundations and NGOs, major philanthropists, and members of the media. To date CGI members have made more than 2,300 commitments, which have improved the lives of over 400 million people in more than 180 countries. When fully funded and implemented, these commitments will be valued at more than $73.1 billion.
Established in 2005 by President Bill Clinton, the Clinton Global Initiative (CGI) convenes global leaders to create and implement innovative solutions to the world’s most pressing challenges. CGI Annual Meetings have brought together more than 150 heads of state, 20 Nobel Prize laureates, and hundreds of leading CEOs, heads of foundations and NGOs, major philanthropists, and members of the media. To date CGI members have made more than 2,300 commitments, which have improved the lives of over 400 million people in more than 180 countries. When fully funded and implemented, these commitments will be valued at more than $73.1 billion.
President
Clinton established the Clinton Global Initiative America (CGI America) to
address economic recovery in the United States. CGI America brings together
leaders in business, government, and civil society to generate and implement
commitments to create jobs, stimulate economic growth, foster innovation, and
support workforce development in the United States. Since its first meeting in
June 2011, CGI America participants have made more than 170 commitments valued
at $13.4 billion when fully funded and implemented. To learn more, visit cgiamerica.org.
About
the American Federation of Teachers
The AFT represents 1.5 million pre-K through 12th-grade teachers; paraprofessionals and other school-related personnel; higher education faculty and professional staff; federal, state and local government employees; nurses and healthcare workers; and early childhood educators.
The AFT represents 1.5 million pre-K through 12th-grade teachers; paraprofessionals and other school-related personnel; higher education faculty and professional staff; federal, state and local government employees; nurses and healthcare workers; and early childhood educators.
About
the United Federation of Teachers
The United Federation of Teachers represents approximately 200,000 members, including approximately 75,000 teachers and 19,000 classroom paraprofessionals, along with school secretaries, attendance teachers, guidance counselors, psychologists, social workers, adult education teachers, administrative law judges, nurses, laboratory technicians, speech therapists, and other employees, along with more than 28,000 New York City family child care providers. The union actively supports policies, legislation and programs that promote attaining educational equity, closing the academic achievement gap and assuring parent and community voice in school governance.
The United Federation of Teachers represents approximately 200,000 members, including approximately 75,000 teachers and 19,000 classroom paraprofessionals, along with school secretaries, attendance teachers, guidance counselors, psychologists, social workers, adult education teachers, administrative law judges, nurses, laboratory technicians, speech therapists, and other employees, along with more than 28,000 New York City family child care providers. The union actively supports policies, legislation and programs that promote attaining educational equity, closing the academic achievement gap and assuring parent and community voice in school governance.
About
the Office of the New York City Comptroller
New York City Comptroller John C. Liu serves as the investment advisor to, custodian and trustee of the New York City Pension Funds. The New York City Pension Funds are comprised of the New York City Employees’ Retirement System (NYCERS), Teachers’ Retirement System (TRS), Police Pension Fund (POLICE), Fire Department Pension Fund (FIRE) and the Board of Education Retirement System (BERS) and are collectively valued at $127 billion as of 9/30/2012.
New York City Comptroller John C. Liu serves as the investment advisor to, custodian and trustee of the New York City Pension Funds. The New York City Pension Funds are comprised of the New York City Employees’ Retirement System (NYCERS), Teachers’ Retirement System (TRS), Police Pension Fund (POLICE), Fire Department Pension Fund (FIRE) and the Board of Education Retirement System (BERS) and are collectively valued at $127 billion as of 9/30/2012.
