DE BLASIO ADMINISTRATION CRACKS DOWN ON E-CIGARETTE SALES TO MINORS WITH NEW LAWSUIT AGAINST 22 SELLERS

  Mayor de Blasio and Acting Corporation Counsel Georgia M. Pestana today announced that New York City has filed a federal lawsuit against 22 national online e-cigarette vendors for selling their products to underage New Yorkers in an effort to combat the surging use of e-cigarettes by minors. The complaint alleges the online retailers don’t have age verification systems in place and market their addictive goods to minors in violation of City law.

“The kids of New York are the pride of our city, but to these companies, they’re just a source of profit. Preying on minors and hooking them on a potentially lethal, lifelong nicotine addiction is unconscionable,” said Mayor Bill de Blasio. “This lawsuit sends a message: we will do whatever it takes to protect our kids and the health of our city.”

“By selling their addictive and dangerous products to residents under 21 years of age, these defendants have violated a local law which was implemented to stem the epidemic of vaping among young residents and to prevent a new generation from being addicted to nicotine,” said Acting Corporation Counsel Georgia M. Pestana. “While the City Department of Health warns of a sharp rise in vaping among middle and high school students, defendants are targeting their products to these young people, further undermining the public health. We’ve asked the Court to require these retailers to comply with the law and pay damages towards the costs of abating the crisis of underage e-cigarette use within the City.”

“E-cigarette products threaten over a decade worth of progress in fighting nicotine use among kids,” said Health Commissioner Dr. Oxiris Barbot. “We don’t want to lose another generation of young people to Big Tobacco. These products are dangerous and we urge anyone who vapes to stop now.”

A joint investigation conducted by the New York City Sheriff’s Office and the New York City Law Department during July and August 2019 focused on the age verification practices of national online retailers and revealed that City residents under the age of 21 were able to freely access the websites of the companies named in the lawsuit and purchase e-cigarette products in violation of Local Law 94 of 2013.

Many of the websites did not use age verification services, which utilize databases of government records to verify the identity and age of purchasers before transactions can be completed. In many cases, purchases went through even though the buyers indicated that they were younger than 21. A number of the defendant companies have been previously cited by the Food and Drug Administration for illegally selling to minors.

New York City has faced the public health crisis caused by tobacco products for many years. Over the last decade, the City has seen a surge of e-cigarette use, especially by minors, even as rates of use of traditional cigarettes by both adults and youth in the City have consistently declined.

As recently as 2017, 1 in 6 New York City public high school students reported having used e-cigarettes within the past month, according to the City Department of Health. That number has likely climbed even further over the last two years in light of the dramatic increase in e-cigarette use nationwide. Preliminary results from a 2019 survey released just last month indicate that 27.5% of high school students nationwide are now current e-cigarette users.  In 2018, 1 in 15 (7%) of New York City public middle school students reported having used e-cigarettes within the past month.

Online e-cigarette retailers, including those named in the lawsuit, target their sales to young people by offering products that taste like candy, children’s breakfast cereals or sugary beverages.

The City has taken extensive action to prevent and discourage the use of e-cigarettes among minors. Retailers are prohibited from selling e-cigarettes and related products to those younger than 21 years old. Additionally, a separate license is required to sell e-cigarettes, and use of e-cigarettes is prohibited in all places where smoking is prohibited, including schools, parks, and many workplaces. Additionally, pharmacies are no longer allowed to sell any tobacco or e-cigarette products.

Literacy and education of the dangers of e-cigarettes is key to the City’s prevention efforts. Last week, The Department of Health and Mental Hygiene launched a bilingual, multi-platform digital media campaign—including Instagram, Snapchat, Twitter, YouTube, Hulu, Facebook, and Google search—to educate teens about the dangers of e-cigarettes. The fast-paced videos, which will run until the end of the year, alert young people to the dangers of nicotine addiction and vaping products, including the presence of toxic chemicals.

Demonstration at 2500 Williamsbridge Road Against Proposal for Building Use

  In the closed building behind the protesters they say a proposal for a drug clinic is planned. The corner building located at 2500 Williamsbridge Road has been closed for a while, and the sale of the building is being handled by Exit Realty (on the sign in the window). 

Local residents complain that there is a school right across the street, and they do not want children to have to pass a drug dispensary to and from school with unsavory characters in and outside of the building. 

The provider is Carnegie Hill which runs such a program in Manhattan. Recently Carnegie Hill tried and failed to purchase a doctors office on East Tremont Avenue (in Throggs Neck) across the street from the Community Board 10 office. 2500 Williamsbridge Road however is in Community Board 11 on the north side of Pelham Parkway.

The provider must have a public hearing with the community, generally at a community board meeting. While Carnegie Hill had a meeting with the Community Board 11 Health Committee it was not a public hearing, and no notice went out to the public stating that the meeting would be a public hearing. However according to OASAS (Office of Alcoholism and Substance Abuse Services) the state run agency that licenses such providers, it could be said that this provider has met one meting requirement, which was verified by the CB 11 District Manager who also said that the board is trying to set up a public hearing on the site.

Where do the local elected officials stand on 2500 Williamsbridge Road?

State Senator Alessandra Biaggi, I was told has come out against the proposal.

Assemblywoman Nathalia Fernandez has also come out against the proposal.

Councilman Mark Gjonaj has been relatively silent on the proposal. I was told the owner of the realty company putting together the deal was at one time Assemblyman Mark Gjonaj's Chief of Staff.  

Above - PS 89 is across the street from 2500 Williambridge Road,

Below - Different people joined the protest as the day went on.

Team AOC -Will you share your thoughts with us?

Before you know it, 2019 will be over — which means our organizing program is making critical preparations to mobilize the community, get people off the sidelines, and fight for our common progressive ideals.

But before we do that, we want to make sure you have a voice in the process. Alexandria is building a movement for the people, and by the people — which means we need to be sure we’re doing everything we can to include your values in this fight.

Will you take our 2020 priorities survey today and help us build an inclusive, working-class movement to take back this democracy?

Take the Survey

This campaign began on the doorsteps of New York’s 14th, and our roots in the past will define our path to the future. By centering the experiences of people who our democracy has left behind, we can finally solve the structural injustices of this country, and make sure everyone has a seat at the table.

Thanks for your help. It really does matter.

Pa'lante,

Team AOC

DE BLASIO ADMINISTRATION JOINS AMICUS BRIEF SUPPORTING DACA IN ADVANCE OF SUPREME COURT ARGUMENTS

NYC signed an amicus brief in support of 700,000 undocumented young immigrants nationwide; roughly 30,000 New Yorkers are DACA recipients

  The de Blasio Administration today announced that it has joined cities, counties, and other municipalities across the country in the filing of an amicus brief supporting roughly 700,000 Deferred Action for Childhood Arrivals (DACA) recipients nationwide, nearly 30,000 residing in New York City. The U.S. Supreme Court will hear oral arguments on the DACA program on November 12, 2019.

Among the 109 signers are 105 cities, counties and other municipalities, along with the National League of Cities, the U.S. Conference of Mayors, the International Municipal Lawyers Association, and the International City/County Management Association.

“Dreamers are our friends and neighbors - and New Yorkers always have each other’s backs,” said Mayor de Blasio. “We are joining jurisdictions around the country to stand up to the President’s hateful and misguided policies. These young people must be allowed to stay in the only homes they have ever known.”

“Localities across the country have come together with a shared message—the hundreds of thousands of Dreamers that call our cities and counties home make our economies and communities stronger and safer. A rescission of the DACA program would cause harm to all of us,” said Bitta Mostofi, Commissioner of the Mayor’s Office of Immigrant Affairs. “We urge the Supreme Court to ensure Dreamers have the opportunity to live free from fear, and we encourage DACA recipients to consult with an attorney and consider their renewal options. New York City residents who may be eligible to renew their DACA status can call 311 and say ‘ActionNYC’ for City-funded, free and safe immigration legal help.”

“The decision to end DACA is not only an unconscionable attack on the thousands of people who add so much to the vitality of our cities, it is unlawful, as federal courts across the country have repeatedly made clear,” said Acting Corporation Counsel Georgia M. Pestana. “We’re joining cities in urging the Supreme Court to uphold federal rulings so that our local economies are not harmed, needless suffering can be prevented, and Dreamers can stay in the only places they know as home.”

Since 2012, the DACA program has been extraordinarily successful, offering temporary protection from deportation and the ability to work legally to about 700,000 young immigrants who came to the United States as children. As presented in the amicus brief, the program directly benefits the health, safety, and welfare of all residents by encouraging DACA recipients to openly participate in their communities and interact with local government without fear. Dreamers, communities, and the economy will suffer substantial harm if the program ends. Nationally, DACA recipients and their households pay an estimated $5.7 billion in federal taxes and $3.1 billion in state and local taxes annually.

On September 5, 2017, the Trump Administration announced that it was terminating the DACA program, jeopardizing the futures of hundreds of thousands of young people. In the past two years, multiple courts have kept renewals ongoing for current DACA recipients, but Dreamers have still been forced to live court case to court case, uncertain about their futures and in fear of being separated from their families and the lives they have built over decades in the United States. If the Supreme Court allows the program to be terminated, it will have severe consequences for DACA recipients, their families, communities, and the economy, as well as the 256,000 U.S. citizen children of DACA recipients.

The future of DACA — and the futures of hundreds of thousands of Dreamers — will be argued at the U.S. Supreme Court on November 12, 2019. The Court could hand down a ruling as soon as January 2020 determining if Dreamers will lose the ability to live, study, and work in the United States.

New York City is home to an estimated 30,000 current DACA recipients, with an additional 45,000 New Yorkers potentially eligible to apply for the program. On average, these Dreamers have lived in the U.S. for 13 years and arrived in the U.S. when they were 9 years old.

Nearly 40% of the 75,000 DACA and DACA-eligible population in New York City have either graduated or are attending college, and over 10,000 are either homeowners or contribute to mortgages.

About 62% of the DACA-eligible population participates in the labor force—a similar rate as the general population of New York City. Every year, DACA-eligible New Yorkers account for approximately $935 million in income in New York City.

New York City Dreamers are employed in many different sectors, including over 6,000 who work as managers or professionals and about 4,500 who work in educational and health services industries.

The amicus brief was drafted by the City and County of Los Angeles, California. In addition to New York City, other jurisdictions joining the brief include San Francisco, California; Boston, Massachusetts; Chicago, Illinois; Dallas, Texas; Detroit, Michigan; Minneapolis, Minnesota; Baltimore, Maryland; Honolulu, Hawaii; Seattle, Washington; and the cities of Albany, New Rochelle, and Rochester, New York.

Nineteen City Charter Revision Proposals Stacked Into Five Questions

HOW DID WE GO FROM HERE ----13 items

APRIL 23, 2019 -- Charter 2019 NYC today announced the release of its Preliminary Staff Report recommending next steps for the Commission to revise the City Charter in matters such as increasing police accountability, improving the voting system for New Yorkers, enhancing community engagement in City land use, and making the budget more transparent.

“In 1989, the public endorsed the groundbreaking work of the Charter Revision Commission, which overhauled the City Charter,” said Commission Chair Gail Benjamin. “Thirty years later, Charter 2019 NYC hopes to continue their efforts and propose Charter amendments that reflect modern challenges facing New Yorkers. This is a top-to-bottom review of our city’s constitution. We’re proposing changes ranging from police accountability to how voters elect their public officials.”

New Yorkers talked, and we listened. So far, the Commission has heard over 30 hours of public testimony, held 15 public hearings and meetings, and received over 1,000 proposals since September 2018. The Commission will release its Final Report this July, and the public will vote on Election Day November 5, 2019. 

Public hearings from April 30th-May 14th in each borough will provide New Yorkers with another opportunity to offer their feedback on staff recommendations. 

After careful review, the staff recommends the following issues for further consideration:

RANKED CHOICE VOTING (RCV): New York City elections currently allow for a winner who gets only a small share of the vote. When a runoff is necessary, elections can be costly and produce low voter turnout. One way to fix these issues is with Ranked Choice Voting.

• RECOMMENDATION: Implement RCV, a voting system in which voters rank the candidates by preference order. The candidate who ranks first on the fewest ballots is removed until, after multiple rounds, one candidate has the majority of votes. 

CIVILIAN COMPLAINT REVIEW BOARD: The Civilian Complaint Review Board (CCRB) investigates complaints by the public against NYC police officers. Critics say much reform is needed to make the NYPD and discipline process more accountable to the public. 

RECOMMENDATIONS:

• Appointments: Empower the City Council to appoint CCRB members directly rather than as designees subject to mayoral approval, and give the Public Advocate the ability to appoint or designate one or more members of the CCRB. Currently the Mayor appoints all 13 members of the CCRB, with some members designated or recommended by the Council and the Police Commissioner.
• Disciplinary Guidelines: Require the Police Commissioner to establish disciplinary guidelines that create clear penalties for misconduct.
• Police Commissioner Deviation: If the Police Commissioner does not follow disciplinary recommendations, require her to provide a memo to the CCRB and the Deputy Commissioner of Trials (DCT) with a comprehensive explanation. Currently, the Police Commissioner often deviates from the CCRB’s and DCT’s penalty recommendations.
• False Official Statements: Empower the CCRB to investigate and recommend discipline when there’s evidence that an officer has given a false statement during a CCRB investigation. Currently, the CCRB indicates when there’s evidence that an officer has made a false statement, but does not investigate or prosecute the case, and the NYPD rarely disciplines the officers.
• Subpoena Power: Delegate subpoena power to high-ranking CCRB staff. Currently, only the board has subpoena power which can result in inefficient investigations and lost evidence.

Staff recommends these additional proposals for further consideration:

Public Advocate: The role of Public Advocate (PA) is to be a watchdog and check on the Mayor, but the office has no real mechanism to do so. Establish a method for the PA to require officials and agencies to answer questions posed by the PA. This may be in the form of subpoena power, or another legal mechanism. In addition, a guaranteed budget may protect the PA from punitive cuts. 

Borough Presidents: Borough Presidents are responsible for coordinating agency services in their respective boroughs. Presently, Borough Presidents do not have the power to require information from agencies. Require agencies to provide Borough Presidents with certain documents and records related to their budget and land use responsibilities and strengthen agency engagement with borough service cabinets.

Budget: The City’s expense budget funds important social services, but it is difficult to know how much the City spends on various programs. Create more specificity in the City’s budget, which may improve transparency and accountability over New Yorkers’ dollars. In addition, require that the Mayor may not unilaterally refuse to spend money on certain Council-approved funds except for a financial and economic reason.

Corporation Counsel: Presently, the Mayor appoints the Corporation Counsel, who is the head of the NYC Law Department. They act as the attorney and counsel for the City as a whole. Require the Council’s advice and consent for the Mayor’s appointment of the Corporation Counsel and establish a set term for the Corporation Counsel to serve. 

Diversity in Procurement: Support the minority and women-owned business enterprise (MWBE) program by legally requiring that its program director be a Deputy Mayor or another senior official who reports directly to the Mayor and that this director is supported by an Office of MWBEs.

Land Use: Improve community engagement in the land use process by 1) providing more time and an earlier opportunity for Community Boards and Borough Presidents to review and comment on applications before the ULURP clock begins and 2) extending the time for CBs to review applications in July and August. 

Planning: Critics say the many reports required by the Charter related to city planning are inconsistent and difficult to follow. Clarify how the various city plans and projections should relate to and impact each other. These plans should address future planning challenges, such as neighborhood rezonings. Also, ensure that the public and other stakeholders are involved in these plans.

TO HERE---July 24, 2019 Five Questions with 19 Total Parts

Elections • Implementing ranked choice voting in all primary and special elections for City offices • Changing the timing of special elections • Changing the timing of the redistricting process

Civilian Complaint Review Board (CCRB) • Changing the structure of the Board • Establishing minimum standards related to CCRB’s budget • Changing requirements related to notification and explanations regarding the Police Commissioner’s deviations from disciplinary recommendations • Allowing CCRB to investigate and recommend discipline regarding potentially false material statements made by a police officer who is the subject of a CCRB investigation • Allowing delegation of the Board’s subpoena power to CCRB’s Executive Director

Ethics and Governance • Extending the post-employment appearance ban for elected officials and certain senior appointed officials • Changing the structure of the Conflicts of Interest Board (COIB) • Limiting political activity by board members of COIB • Changing the structure of the Minority and Women-Owned Business Enterprise program

• Requiring City Council advice and consent for the Mayor’s appointment of the City’s Corporation Counsel

City Budget • Allowing the City to create a “rainy day fund” and use that fund once impediments in State law are removed • Providing guaranteed minimum budgets for the Public Advocate and each Borough President • Changing the timeline for the Mayor to submit a yearly revenue estimate to the City Council during the budget process • Requiring the Mayor to file proposed budget modifications in conjunction with the Mayor’s periodic financial plan updates to the Council.

Land Use • Establishing a Uniform Land Use Review Procedure (ULURP) pre-certification notice period to affected Community Boards and Borough Presidents • Providing for additional ULURP review time for Community Boards during certain parts of the year

EDITOR'S NOTE:

At a community meting Ms. Indiana Porta Esq. The Director of Outreach and Counsel of the New York City Charter Revision Commission could not answer my question as follows.

In Ranked Choice Voting a candidate needs more than fifty percent of the vote to be declared the winner. When there are ballots that are removed from the process because they may have only one choice listed would the next round winner still need to obtain more than fifty percent of the original number of ballots, or just more than fifty percent of the votes counted that round, and so on as the rounds continued?

My suggestion since the Director of Outreach and Counsel of the New York City Charter Revision commission could not answer my question is to VOTE NO ON ALL FIVE BALLOT PROPOSALS.

Comptroller Stringer and Investors with $1.1 Trillion Urge General Motors to Join State Agreement on Clean Vehicle Standards

  New York City Comptroller Scott M. Stringer and a coalition of 25 major investors with $1.1 trillion in collective assets under management today called on General Motors (GM) to join its peers in the compromise agreement with California and other states on clean vehicle standards.

In a letter sent to GM’s CEO Mary Barra, the investor signatories together stressed the urgent need to avoid the significant regulatory uncertainty and litigation delay that would result from President Trump’s proposed rollback of federal clean vehicle standards, as well as the importance of reducing emissions in the near-term from the transportation sector – the largest source of greenhouse gas emissions in the U.S. The investors pointed out that the agreement between the states and automakers provides the best available opportunity to address those needs while also positioning the company for competitive success in a global marketplace that is pivoting to cleaner vehicles.

“We urge you to join this compromise agreement,” said the investor signatories in their letter to the company, “which is consistent with GM’s call for a national solution, continuously improving fuel economy, and its stated goal of moving toward zero emissions.”

Despite GM’s public statements, the company has successfully lobbied the Trump administration, both individually and through its trade organization, to roll back the U.S. Corporate Average Fuel Economy (CAFE) and greenhouse gas (GHG) vehicle standards. However, in June of this year, after significant investor engagement, the company joined 16 other automakers to write a letter to the President that, citing the need to avoid regulatory uncertainty, expressed approval for a rule supported by California that is stricter than the standards proposed by the Trump Administration – and that helps promote electric vehicles. The compromise agreement provides these elements.

In July, however, GM failed to join Ford, BMW, Honda, and Volkswagen as they reached a compromise agreement with California – supported by 13 states that have adopted California’s standards – that set standards that were not as stringent as the current standards adopted by the Obama administration and the California standards, but still more aggressive than the significantly weaker standards proposed by President Trump. These companies cited the regulatory chaos Trump’s rollback would cause, as states that have adopted California’s standards represent about 37% of the U.S. market, as well as the business case for investing in cleaner vehicles.

“In New York City, we know that a sustainable planet and a secure retirement go hand-in-hand. As an investor in GM and other U.S. automakers, I am deeply concerned with the fallout of President Trump’s proposed rollback because it would undermine the U.S. auto industry, and result in increased emissions at a moment when we need bold action on climate,” said New York City Comptroller Scott M. Stringer. “General Motors can choose to help lead the U.S. auto sector into the 21st century, or help President Trump drag it backwards while the rest of the world speeds ahead. I, and many other investors, urge them to stand up for our planet and our future. They should join the compromise agreement, without delay.”

“Our denomination has made clear through policy statements its concern of the transportation sector’s impact on the climate crisis,” said Rob Fohr, Director of Faith-Based Investing and Corporate Engagement at Presbyterian Church (U.S.A.). “The compromise solution with California is a step in the right direction, and will enable GM to avoid regulatory uncertainty. We urge GM to follow the lead of Ford, BMW, Honda and VW and join the compromise.”

Bronx Chamber October Events

Conducting a Market Analysis Date: Wednesday, October 9, 2019 Time: 6:30 - 7:30 p.m. Location: 640 Fordham Road Bronx, NY 10458 Admission: FREE

Pelham Parkway Neighborhood Association Oct. Meeting

The Pelham Parkway Neighborhood Association invites you to our

October 15, 2019 Community Meeting

Our guest this month will be

From the Department of Transportation

Borough Commissioner Nivardo Lopez

Date: Tuesday October 15th 2019
Time: 7:15 PM


Location: Bronx House at 990 Pelham Parkway South

Email us: Pelham ParkwayNA@gmail.com
Also look us up on Facebook!
Sponsored by Pelham Parkway Neighborhood Association

(A not-for-profit corporation)