Attorneys General James Co-Leads Coalition in Taking Action Against Georgia’s Discriminatory Voting Law

 

 New York Attorney General Letitia James and District of Columbia Attorney General Karl A. Racine today co-led a coalition of 22 attorneys general in opposing Georgia’s discriminatory law that would make it more difficult for millions of Georgians — especially Black Georgians — to vote. The law disproportionately impacts low-income and rural communities, and includes provisions that impede Black voter mobilization efforts, such as banning government entities from distributing unsolicited absentee ballot applications, criminalizing the distribution of food and water to voters waiting in line, requiring ID for absentee ballots, and limiting the placement of ballot drop boxes.

In an amicus brief filed in United States v. Georgia, the coalition is pushing back against misguided efforts to dismiss a lawsuit filed by the U.S. Department of Justice (DOJ) against Georgia to overturn this law. The attorneys general argue that the DOJ is correct in its argument that Georgia intentionally discriminated against Black and minority voters, in violation of federal law, and that the case should proceed to trial. The brief also suggests that Georgia’s purportedly non-discriminatory reasons for adopting the law — to prevent voter fraud — are not valid.

“Georgia’s new voting law serves but one purpose — to continue generations of oppressive actions that disenfranchise the votes and voices of Black people,” said Attorney General James. “This law is a direct attack against the people of Georgia, and an attack against the democratic values that this country prides itself on. I stand with my fellow attorneys general to reject all attempts to suppress the will and the rights of Black Georgians.”

“The impact of Georgia’s new election law is clear — it will ensure that only some votes are counted while making it harder for Black voters to have their voices heard,” said Attorney General Racine. “Following a historic election with record Black turnout, the legislature responded by making it harder for Black Georgians to vote. We have seen this destructive and anti-democratic playbook before. The right to vote is sacred. States must promote free and fair elections, and expanding the opportunity for all voters is critical to making that possible. We urge the court to let this case proceed to trial.”

According to the Brennan Center for Justice, during the 2021 legislative session, more than 400 bills to restrict voting access were introduced in 49 states. In addition, at least 18 states passed and enacted 30 restrictive laws making vote-by-mail and early voting more difficult, putting in place harsher voter ID requirements, and making voter purges more likely, among other restrictive actions.

The coalition of attorneys general are specifically urging the U.S. District Court for the Northern District of Georgia to allow the case to move forward because:

• The federal government’s complaint properly alleges that Georgia intended to discriminate against Black and minority voters. The U.S. Supreme Court has long held that to prove discrimination, a plaintiff does not need to show direct evidence of discriminatory intent. Rather, bedrock civil rights law makes clear that parties can prove intentional discrimination by pointing to circumstantial facts and context that suggest an impermissible motive — including the political incentives and wider racial dynamics underlying an enactment. At this early stage in the case, plausible allegations of intent are enough to warrant the case moving forward. Given the overwhelming evidence demonstrating that Georgia enacted these laws in response to the results of the 2020 election — where record Black turnout unseated two Republican senators and delivered Georgia to a Democratic president for the first time in nearly 20 years — the DOJ has clearly met the necessary evidentiary burden for this case to proceed.
  
  
• Georgia’s supposedly non-discriminatory reasons for passing the law do not hold up under scrutiny. While Georgia has the authority and discretion to enact some laws that improve “election security” and “voter confidence,” states cannot invoke those interests as pretext for impairing the opportunities of vulnerable voters. Other states have been able to achieve those exact same goals through policy decisions that expand voter access, while keeping the risk of voter fraud minimal. For example, New York, the District of Columbia, and other states like California, Nevada, and Vermont have enacted reforms that simultaneously expand access and promote election security. When a state suddenly claws back existing access for voters — particularly voters of color after an historic election — without any genuine need or evidentiary basis, courts should be skeptical that “election integrity” is the genuine reason for the reduction in voting opportunities.

Attorneys General James and Racine led the amicus brief and were joined by the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington.

This action is the latest in a series of measures that Attorney General James has taken to fight back against attempts to suppress the right to vote in communities of color. In June 2021, Attorney General James sued the Rensselaer County Board of Elections for denying communities of color access to early voting sites. In May 2021, Attorney General James sued two people for their efforts to suppress Black voters through disinformation robocalls ahead of the 2020 election. 

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - AUGUST 16, 2021

 

32,309 Vaccine Doses Administered Over Last 24 Hours

11 COVID-19 Deaths Statewide Yesterday 

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress combatting COVID-19.

"We continue to fight COVID-19 across the state each and every day, but vaccinations are the key to our success and more New Yorkers need to get their shots," Governor Cuomo said. "We've maintained vaccination sites conveniently located throughout New York State, and residents can make appointments or simply walk in to get their shots. I implore anyone who is eligible and hasn't yet taken the vaccine to do so right away—it's a safe step we can all take to protect our families, friends and all New Yorkers."

  

Today's data is summarized briefly below:

• Test Results Reported - 99,005 
• Total Positive - 3,575 
• Percent Positive - 3.61%
• 7-Day Average Percent Positive - 3.09%
• Patient Hospitalization - 1,722 (+72)
• Patients Newly Admitted - 217
• Patients in ICU - 362 (+7)
• Patients in ICU with Intubation - 134 (-4)
• Total Discharges - 189,188 (+162)
• Deaths - 11
• Total Deaths - 43,259
• Total vaccine doses administered - 22,932,286
• Total vaccine doses administered over past 24 hours - 32,309
• Total vaccine doses administered over past 7 days - 309,258
• Percent of New Yorkers ages 18 and older with at least one vaccine dose- 74.7%
• Percent of New Yorkers ages 18 and older with completed vaccine series- 68.2%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 77.6%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 69.9%
• Percent of all New Yorkers with at least one vaccine dose - 62.7%
• Percent of all New Yorkers with completed vaccine series - 56.9%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 65.2%
• Percent of all New Yorkers with completed vaccine series (CDC) - 58.4%

Florida Woman Convicted Of Damaging Her Former Employer’s Computers After She Was Fired

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, announced that a jury returned a guilty verdict today against MEDGHYNE CALONGE, on one count of intentionally causing damage to a protected computer, and one count of accessing a protected computer and recklessly causing damage.  Both counts relate to CALONGE’s deletion of tens of thousands of human resources records of her former employer (“Employer-1”).  U.S. District Judge Gregory H. Woods presided over the six-day trial.

U.S. Attorney Audrey Strauss said: “As a unanimous jury found today, Medghyne Calonge intentionally and maliciously caused severe damage to the computers of her former employer.  Her actions wiped out information vitally important to the employer company, and cost the company money and time to repair.  Now Calonge awaits sentencing for her crimes.”

According to the Indictment and the evidence at trial:

In January 2019, CALONGE was hired by Employer-1, a Manhattan-based online provider of professional services, to serve as the head of human resources in their St. Petersburg, Florida, office.  On June 28, 2019, CALONGE was terminated for failing to meet the minimum requirements of her job after, among other things, she improperly downgraded a colleague’s access to a computer system following an argument with the colleague.   

While she was being terminated, and just before she was escorted from the building, CALONGE was observed by two employees of Employee-1 repeatedly hitting the delete key on her desktop computer.  Several hours later, CALONGE logged into a system (“System-1”) used by Employer‑1 to receive and manage applications for employment with the company, which the company had invested two years and over $100,000 to build.  During the next two days, CALONGE rampaged through System-1, deleting over 17,000 job applications and resumes, and leaving messages with profanities inside the system.  Ultimately, CALONGE completely destroyed all of Employer-1’s data in System-1.  Employer-1 subsequently spent over $100,000 to investigate and respond to the incident and to rebuild System-1.  To this day, Employer-1 has been unable to recover all of its data.  

CALONGE, 41, of Tampa, Florida, was convicted of one count of intentionally damaging computers, which carries a maximum prison term of 10 years, and one count of recklessly damaging computers, which carries a maximum prison term of five years. 

The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.

Ms. Strauss praised the outstanding work of the Federal Bureau of Investigation. 

NYS Office of the Comptroller DiNapoli: Problems Plague State's Rent Relief Program; Federal Funds To Help Renters At Risk

New York Lags Other States in Spending and Is One of Only Two States Not to Distribute Any Rent Relief Money Through June

  Financial relief has been slow to reach New York’s pandemic-hit renters because of poor management by the Office of Temporary and Disability Assistance (OTDA) in implementing the state’s Emergency Rental Assistance Program (ERAP), according to a new report released today by New York State Comptroller Thomas P. DiNapoli. The state’s initial rollout of the program resulted in only a small portion of the much-needed funds being distributed, and aid has not reached many low-income and minority New Yorkers, particularly those in New York City.

DiNapoli’s report details OTDA’s struggles in providing information to eligible individuals, processing applications, and reporting on progress and distribution of funds. While OTDA provides a brief monthly public report on applications, these do not contain detailed geographic or socioeconomic information on applicants, and little clarity over how many households were turned away and why, making it difficult to track program progress and manage outreach.

As of Aug. 12, 2021, $108.8 million has been disbursed from the Emergency Rental Assistance Fund, reflecting payments and support for the program. With unemployment in New York City close to double the national average, 10.1% in June of 2021 according to the Department of Labor compared to 5.4% nationally as of July 2021, and pandemic-era federal unemployment benefit programs ending next month along with uncertainty about the eviction moratorium end date, many families are facing a dire situation.

“There are billions in federal aid to help renters who fell behind on payments in the pandemic, but this money isn’t getting to them,” DiNapoli said. “The state can and must do a better job getting this aid into the hands of New Yorkers that could face evictions. New York’s Congressional delegation has pushed for more efficient distribution of funds, while lawmakers have rightly proposed extending the state’s eviction moratorium. We must make sure that we don’t lose these critical funds, and that the renters most in need of help don’t get left behind.”

DiNapoli’s report found that OTDA received only 168,321 applications as of July 30, reflecting fewer than 15 percent of the 1.2 million low-income rental households in New York City alone. Of the applications received, 68% were from tenants in the city. As of August 9, OTDA reported it had made payments to only 7,072 households.

New York and South Carolina were the only two states not to distribute any money through June. In contrast, Monroe and Onondaga counties and the Town of Islip aided over 850 households during the same period through their standalone rental assistance programs. U.S. Senator Charles Schumer warned about the risk of reallocation of a portion of federal rental assistance left unallocated by Sept. 30, 2021. In response, the state committed to simplifying the application process and increasing the number of reviewers.

DiNapoli called on OTDA to target outreach efforts and technical assistance to reach those most in need, and to implement the following improvements:

• Target assistance and program enhancements by geography, language, industry, age and other pertinent characteristics;
• Monitor the program in real time to improve application completion, fund disbursement and program outreach;
• Update educational and outreach materials to reflect the recently simplified forms as well as translated materials in additional languages;
• Advertise the newly created eviction protections gained both from applying to the ERAP and from the passage of the Tenant Safe Harbor Act, so that tenants understand their legal rights; and
• Work with community-based organizations, housing nonprofits and local governments to improve the application system and better assist tenants who require follow-up documentation.

DiNapoli also urged lawmakers to extend the state’s eviction moratorium.

Minority Households Affected Most

New York has the highest share of rental households in the U.S. (46%), with the majority located in New York City (63% of all state rental households). The pandemic has had a more pronounced impact on low-income households, who were already more rent-burdened, defined as households spending more than 30 percent of income on rent.

Hispanic and Black households make up disproportionate shares of New York City low-income renter households at 37% and 27% respectively. They have also experienced higher rates of employment income loss than other racial or ethnic groups since April 2020. As of the U.S. Census Bureau’s 2017 New York City Housing and Vacancy Survey, over 1.2 million renter households earned below 80 percent of the area median income (AMI) and 78% of that number are rent-burdened. One-third of all low-income renter households in the city were in Brooklyn, nearly a quarter in the Bronx, approximately 21% in Queens and 19% in Manhattan. High school education (or less) and immigrant status are also generally correlated with lower incomes.

DiNapoli’s report notes that in the early months of the pandemic, an average of 507,000 rental households in the New York metropolitan area (within New York state) said they did not pay the prior month’s rent on time. As of June 2021, more than 300,000 households still have been unable to pay rent. Hispanic and Black households represented the largest groups not caught up on rent payments. Rent arrears for Black households have grown fastest in the period since April 2021, when $1,400 stimulus payments were sent and a major reduction in rent arrears was recorded. A state moratorium on residential and commercial evictions is scheduled to end by Aug. 31.

Troubles With State’s Distribution of Rent Relief

In 2020, New York state provided $100 million in federal aid through the Division of Housing and Community Renewal (DHCR) under its COVID Rent Relief Program. It awarded about half of the funding in subsidies to households that applied, largely because of strict eligibility guidelines. The DHCR provided one public summary report in Oct. 2020 on the first round of funding when approximately $23 million had been disbursed. About 86% of funding went to renters in New York City. Among successful applicant households who self-reported, 30% were Hispanic, 27% were White, 20% Black and 18% Asian.

The poorest households (those that earned 30% of the AMI or less) made up a disproportionately low number of successful applicants (25%) given that they make up about 42% of all low-income households. Numerous obstacles, including language barriers, lack of information about the program, eligibility concerns, lack of broadband access or gaps in computer and financial literacy, could have prevented many of these households from applying to last year’s program.

Given the large number of low-income households in New York City, the city’s high rent burdens, and the severity of employment loss there during the pandemic, the ERAP, which began in New York on June 1, could be of benefit to a large population of city households that need assistance. The success of the ERAP will ultimately be judged on the program’s ability to reach those in need by processing applications and disbursing funds quickly while maintaining controls over the shortened applications.

Report

New York State Rent Relief Funding: Spotlight on New York City

“IT’S TIME FOR HIP HOP IN NYC” FREE CONCERT SERIES KICKS-OFF IN THE BRONX

 

First 1,000 ticket holders who arrive at concerts can receive a free, limited edition “It’s Time for Hip Hop in NYC” T-Shirt

 

Live temporary art installations will be curated by Thrive Collective and feature Tats Cru, among other NYC street artists

 

Onsite food by Bronx Night Market, followed by Hester Street Fair at the Staten Island and Brooklyn concerts

 

 Today, as part of NYC Homecoming Week, which runs between August 14^th to 22^nd, New York City, the Universal Hip Hop Museum, and IDEKO will kick off the “It’s Time for Hip Hop in NYC” free concert series in the Bronx. The concerts will feature a dynamic lineup of Hip Hop, Latin freestyle, dance, freestyle, techno, and funk artists set to perform in the Bronx, Staten Island, Brooklyn and Queens.

 

As Mayor Bill de Blasio announced today during his media availability, the first 1,000 ticket holders who arrive at the concerts may receive a free, limited edition “It’s Time for Hip Hop in NYC” t-shirt. Concert goers will also enjoy live temporary art installations by local street artists curated by Thrive Collective at all four shows, in addition to food by the Bronx Night Market at Orchard Beach, and Hester Street Fair at Midland Beach and Brooklyn Army Terminal.

 

The four free concerts to be held at outdoor venues will be hosted by iconic Video Music Box host Ralph McDaniels; live streamed by Behind the Rhyme, a channel on Twitch; all made possible through presenting sponsor Planet Fitness, with sponsor support from Resorts World for the concert in Queens. Tickets can be reserved at: nyc.gov/HomecomingWeek.

 

“NYC Homecoming Week concerts are the celebration we all deserve and tonight’s first concert in the Bronx will be legendary,” said Mayor Bill de Blasio. “We are beyond excited for communities across the city to enjoy this free performance followed by incredible lineups with the greatest all-stars of Hip Hop in Staten Island, Brooklyn, and Queens before our historic finale with Clive Davis and Live Nation in Manhattan.”

 

“The Universal Hip Hop Museum is proud to bring your Hip Hop heroes’ home to New York City. We gathered the best of the boroughs’ MC’s for four exciting days of incredible free concerts. With our partners at The City of New York and IDEKO, we are celebrating Hip Hop’s 48th anniversary. Hip Hop culture’s strength, creativity and resiliency are a vital part of NYC’s recovery,” said Rocky Bucano, Executive Director and President of the Universal Hip Hop Museum

 

“We are very excited to be presenting the It's Time for Hip Hop in NYC concert series and celebrating our great city,” said James Innocenti, Planet Fitness Chief Operating Officer. “We brought the first affordable fitness option to the city over 20 years ago, and today with 40 locations throughout the five boroughs we look forward to continuing to help make this the greatest city.”

 

“Resorts World is proud to support the Summer of New York City and celebrate the incredible talent that will perform in Queens as part of the It's Time for Hip Hop in NYC concert series,” said Michelle Stoddart, VP of Community Development and Public Affairs for Resorts World New York.

 

“This unforgettable concert series will be one for the ages and a testament to our collective efforts to ensure a safe and meaningful celebration as part of our citywide recovery efforts,” said Citywide Events Executive Director Dan Gross. “We thank our partners at the Universal Hip Hop Museum and IDEKO, in addition to Clive Davis, Doug Davis, and Live Nation, for helping us make this week an incredibly uplifting experience for our communities.”

 

“The NYC Homecoming concerts this week will serve not only as great opportunity to come together as a city but to also thank every single New Yorker who kept our city moving forward this past year,” said Daniele Baierlein and Jorge Luis Paniagua Valle, Co-Executive Directors of the Mayor’s Fund to Advance New York City. “We’re thrilled to be able to bring the concert series to every borough, giving all New Yorkers the chance to celebrate and enjoy the summer in the city.”

 

“Orchard Beach parking lot has been transformed into the first ‘It’s Time for Hip Hop in NYC’ concert venue and we are ready to welcome thousands of New Yorkers to a great show and help bring the positive energy back to New York City,” said Evan Korn, CEO of IDEKO. “We are thrilled to be a partner in this event series and cannot wait for the first act to hit the stage at 3pm today!”

 

As part of the “It’s Time for Hip Hop in NYC” experience and emphasizing the historical connection between Hip Hop and graffiti art, Thrive Collective—a nonprofit that creates hope and opportunity through arts, sports, and mentoring in and around public schools—has curated a roster of standout New York City street artists that will create live, temporary art installations during the concerts. The street artists are as follows:

• First Stop: Orchard Beach in The Bronx on Monday, August 16^th from 3:00 to 9:30 p.m. featuring KRS-One, Slick Rick, Kid Capri, and Nice & Smooth.

• John “Crash” Matos
• Wilfredo "Bio" Feliciano, Tats Cru
• Sotero "BG183" Ortiz, Tats Cru
• Hector "Nicer" Nazario, Tats Cru

• Second Stop: Midland Beach on Staten Island on Tuesday, August 17^th from 4:00 to 9:30 p.m. featuring Raekwon & Ghostface Killah, Pharoahe Monch, Force MDs, and EPMD.

• Marc "Cramcept" Mazurkiewicz
• Adam "ADM" McLeer, LOB
• Michael "Lask" McDonald
• Jeff "Air3" Allen

• Third Stop: Brooklyn Army Terminal in Brooklyn on Thursday, August 19^th from 4:00 to 9:30 p.m. featuring Big Daddy Kane, Maino, Desiigner, Elle Varner, and Papoose.

• David "Chino” Villorente, BYI
• Robin "Ribs " Padro, GAK
• Jenna Morello
• Michela "Miki Mu" Muserra

• Fourth Stop: Forest Hills Stadium in Queens on Friday, August 20^th from 4:00 to 9:30 p.m. featuring George Clinton & The P-Funk All Stars with Special Guests

• Maria "Toofly" Castillo
• Bianca Romero
• Jin "Peach" Tao
• Marissa Molina

 

Nazi Germany Returns - Give Us Your Papers in Emergency Executive Order 225 August 16, 2021 Key to NYC: Requiring COVID-19 Vaccination for Indoor Entertainment, Recreation, Dining and Fitness Settings

Nazi Germany Returns -  

Give Us Your Papers In

 Emergency Executive Order 225 August 16, 2021

WHEREAS, the COVID-19 pandemic has severely impacted New York City and its economy, and is addressed effectively only by joint action of the City, State, and Federal governments;

WHEREAS, the state of emergency to address the threat and impacts of COVID-19 in the City of New York first declared in Emergency Executive Order No. 98, and extended most recently by Emergency Executive Order No. 220, remains in effect;

WHEREAS, this Order is necessary because of the propensity of the virus to spread person-to-person, and also because the actions taken to prevent such spread have led to property loss and damage;

WHEREAS, the U.S. Centers for Disease Control (“CDC”) reports that new variants of COVID-19, classified as “variants of concern,” are present in the United States;

WHEREAS, some of these new variants currently account for the majority of COVID-19 cases sequenced in New York City and are much more transmissible than earlier variants;

WHEREAS, the CDC has stated that vaccination is the most effective tool to mitigate the spread of COVID-19 and protect against severe illness;

WHEREAS, the CDC has also stated that vaccination benefits both vaccine recipients and those with whom they come into contact, including individuals who are ineligible for the vaccine due to age, health or other conditions;

WHEREAS, the recent appearance in the City of the highly transmissible Delta variant of COVID-19 has substantially increased the risk of infection;

WHEREAS, indoor entertainment, recreation, dining and fitness settings generally involve groups of unassociated people interacting for a substantial period of time and requiring vaccination for all individuals in these areas, including workers, will protect the public health, promote public safety, and save the lives of not just those vaccinated individuals but the public at large;

WHEREAS, 56% of City residents are fully vaccinated and 62% of residents have received at least one dose, and mandating vaccinations at the types of establishments that residents frequent will incentivize vaccinations, increasing the City’s vaccination rates and saving lives; and

WHEREAS, a study by Yale University demonstrated that the City’s vaccination campaign was estimated to have prevented about 250,000 COVID-19 cases, 44,000 hospitalizations and 8,300 deaths from COVID-19 infection since the start of vaccination through July 1, 2021, and the City believes the number of prevented cases, hospitalizations and death has risen since then; and that between January 1, 2021, and June 15, 2021, over 98% of hospitalizations and deaths from COVID-19 infection involved those who were not fully vaccinated;

NOW, THEREFORE, pursuant to the powers vested in me by the laws of the State of New York and the City of New York, including but not limited to the New York Executive Law, the New York City Charter and the Administrative Code of the City of New York, and the common law authority to protect the public in the event of an emergency:

Section 1.  I hereby order that a covered entity shall not permit a patron, full- or part-time employee, intern, volunteer, or contractor to enter a covered premises without displaying proof of vaccination and identification bearing the same identifying information as the proof of vaccination.

§ 2.  I hereby order that the following individuals are exempted from this Order, and therefore may enter a covered premises without displaying proof of vaccination, provided that such individuals wear a face mask at all times they are unable to maintain six (6) feet of distance from other individuals inside the covered premises:

1. Individuals entering for a quick and limited purpose (for example, using the restroom, placing or picking up an order or service, changing clothes in a locker room, or performing necessary repairs);


2. A nonresident performing artist not regularly employed by the covered entity while they are in a covered premises for purposes of performing;


3. A nonresident professional athlete/sports team who enters a covered premises as part of their regular employment for purposes of competing; and


4. A nonresident individual accompanying a performing artist or professional athlete/sports team into a covered premises as part of their regular employment so long as the performing artist or professional athlete/sports team are performing or competing in the covered premises.

§ 3.  I hereby direct each covered entity to develop and keep a written record describing the covered entity’s protocol for implementing and enforcing the requirements of this Order. Such written record shall be available for inspection upon a request of a City official as allowed by law.

§ 4.  I hereby direct each covered entity to post a sign in a conspicuous place that is viewable by prospective patrons prior to entering the establishment. The sign must alert patrons to the vaccination requirement in this Order and inform them that employees and patrons are required to be vaccinated. The Department for Health and Mental Hygiene (“DOHMH”) shall determine the text of such sign and provide a template on its website that a covered entity may use. A covered entity may use the sign available online at nyc.gov/keytoNYC, or use its own sign provided its sign must be no smaller than 8.5 inches by 11 inches, with text provided by DOHMH in at least 14-point font.

§ 5.  For the purposes of this Order:

1. “Contractor” means the owner and/or employees of any business that a covered entity has hired to perform work within a covered premise, except that it shall not include nonresident owners and/or employees.


2. “Covered entity” means any entity that operates one or more covered premises, except that it shall not include pre-kindergarten through grade twelve (12) public and non-public schools and programs, child care programs, senior centers, community centers, or as otherwise indicated by this Order.


3. “Covered premises” means any location, except a location in a residential or office building the use of which is limited to residents, owners, or tenants of that building, that is used for the following purposes:
   
   
   1. Indoor Entertainment and Recreational Settings, including indoor portions of the following locations, regardless of the activity at such locations: movie theaters, music or concert venues, adult entertainment, casinos, botanical gardens, commercial  event and party venues,  museums and galleries, aquariums, zoos, professional sports arenas and indoor stadiums, convention centers and exhibition halls, performing arts theaters, bowling alleys, arcades, indoor play areas, pool and billiard halls, and other recreational game centers;
   
   
   2. Indoor Food Services, including indoor portions of food service establishments offering food and drink, including all indoor dining areas of food service establishments that receive letter grades as described in section 81.51 of the Health Code; businesses operating indoor seating areas of food courts; catering food service establishments that provide food indoors on its premises; and any indoor portions of food service establishment that is regulated by the New York State Department of Agriculture and Markets offering food for on-premises indoor consumption. The requirements of this Order shall not apply to any food service establishment offering food and/or drink exclusively for off-premises or outdoor consumption, or to a food service establishment providing charitable food services such as soup kitchens;
   
   
   3. Indoor Gyms and Fitness Settings, including indoor portions of standalone and hotel gyms and fitness centers, gyms and fitness centers in higher education institutions, yoga/Pilates/barre/dance studios, boxing/kickboxing gyms, fitness boot camps, indoor pools, CrossFit or other plyometric boxes, and other facilities used for conducting group fitness classes.
   
   
4. “Indoor portion” means any part of a covered premises with a roof or overhang that is enclosed by at least three walls, except that the following will not be considered an indoor portion: (1) a structure on the sidewalk or roadway if it is entirely open on the side facing the sidewalk; and (2) an outdoor dining structure for individual parties, such as a plastic dome, if it has adequate ventilation to allow for air circulation.


5. “Nonresident” means any individual who is not a resident of New York City.


6. “Patron” means any individual 12 years of age or older who patronizes, enters, attends an event, or purchases goods or services within a covered premise.


7. “Identification” means an official document bearing the name of the individual and a photo or date of birth.  Examples of acceptable identification include but are not limited to: driver’s license, non-driver government ID card, IDNYC, passport, and school ID card.


8. h.  “Proof of vaccination” means proof of receipt of at least one dose of a COVID-19 vaccine authorized for emergency use or licensed for use by the U.S. Food and Drug Administration or authorized for emergency use by the World Health Organization. Such proof may be established by:
   
   
   1. A CDC COVID-19 Vaccination Record Card or an official immunization record from the jurisdiction, state, or country where the vaccine was administered or a digital or physical photo of such a card or record, reflecting the person’s name, vaccine brand, and date administered; or
   
   
   2. A New York City COVID Safe Pass (available to download on Apple and Android smartphone devices); or
   
   
   3. A New York State Excelsior Pass.

§ 6.  I hereby direct that each instance that a covered entity fails to check an individual’s vaccination status shall constitute a separate violation of this Order.

§ 7.  I hereby direct the City’s Commission on Human Rights to develop guidance to assist covered entities in complying with this Order in an equitable manner consistent with applicable provisions of the New York City Human Rights Law.

§ 8.  I hereby direct, in accordance with Executive Law § 25, that staff from any agency as may hereafter be designated by the DOHMH Commissioner shall enforce the directives set forth in this Order.

§ 9.  I hereby direct that any person or entity who is determined to have violated this Order shall be subject to a fine, penalty and forfeiture of not less than $1,000. If the person or entity is determined to have committed a subsequent violation of this Order within twelve months of the initial violation for which a penalty was assessed, such person or entity shall be subject to a fine, penalty and forfeiture of not less than $2,000. For every violation thereafter, such person or entity shall be subject to a fine, penalty and forfeiture of not less than $5,000 if the person or entity committed the violation within twelve months of the violation for which the second penalty was assessed. This Order may be enforced pursuant to sections 3.05, 3.07, and/or 3.11 of the Health Code and sections 558 and 562 of the Charter. I hereby suspend Appendix 7-A of Chapter 7 of the Rules of the City of New York to the extent it would limit a violation of this Order to be punished with a standard penalty of $1,000 or a default penalty of $2,000.

§ 10.  Covered entities shall comply with further guidelines issued by DOHMH to further the intent of this Order and increase the number of vaccinated individuals in the City.

§ 11.  This Emergency Executive Order shall take effect on August 17, 2021, except for section 9 of this Order, which shall take effect on September 13, 2021.

Bill de Blasio,

MAYOR

DEFEAT DELTA: MAYOR DE BLASIO ANNOUNCES KEY TO NYC VACCINATION MANDATE WILL BEGIN TOMORROW, AUGUST 17

 

Enforcement will begin on September 13

 Mayor Bill de Blasio today announced the Key to NYC vaccination mandate for indoor dining, entertainment and fitness will start tomorrow, August 17. Enforcement will begin, with a multi-agency coalition, on September 13. Read the Executive Order here. 

“New York City has one mission: defeat the delta variant and build a recovery for all of us,” said Mayor Bill de Blasio. “The Key to NYC sends a powerful message that vaccination will unlock our city’s potential, and we’ll stop at nothing to save lives and keep New Yorkers safe.”

 

“The Key to NYC will unlock many of our favorite activities,” said Health Commissioner Dr. Dave A. Chokshi. “Vaccination makes every activity safer and this is a common-sense precaution to keep patrons of gyms, restaurants and indoor entertainment healthy.”

 

The City will conduct an aggressive outreach and education campaign, including a $10 million multi-platform paid media campaign. This campaign will include radio, TV, digital, social, subway live boards. Approximately 600 canvassers will be going door to door for affected businesses with the goal of reaching every zip code in the city in the next three weeks.

 

Key to NYC affected businesses include:

 

Indoor entertainment

 

• Movie theaters
• Music and concert venues
• Museums & galleries
• Aquariums & zoos
• Professional sports arenas
• Indoor stadiums
• Convention centers
• Exhibition halls
• Performing arts theaters
• Bowling alleys
• Arcades
• Pool & billiard halls
• Recreational game centers
• Adult entertainment
• Indoor play areas

 

Indoor dining

 

• Restaurants
• Catering halls
• Hotel banquet rooms
• Bars
• Nightclubs
• Cafeterias
• Grocery stores with indoor dining
• Coffee shops
• Fast food/quick service with indoor dining

 

Indoor fitness

 

• Gyms
• Fitness centers
• Fitness classes
• Pools
• Indoor studios
• Dance studios

 

Places excluded from this mandate include:

 

• Dining where food consumed offsite/outdoors only (e.g., fast food/quick service with no indoor dining). Note: businesses that choose to remove indoor seating entirely are not subject to the mandate
• Residential buildings
• Office buildings
• Childcare programs
• Pre-K through grade 12 public and non-public schools and programs
• Senior centers
• Churches hosting Sunday potlucks or similar events
• Community centers
• Charitable food services
• Catering at someone’s home

 

People excluded from this mandate include:

 

• Children under the age of 12.
• Anyone entering for a minimum amount of time required for a limited purpose (e.g., bathroom use, picking up or placing an order, showing proof of vaccination).
• Performing artists who do not reside in NYC and are not regularly employed by the entity; professional athletes/members of professional sports teams who do not reside in NYC but enter a premises for the purpose of competing; and individuals accompanying performing artists or a sports team/professional athlete as part of their regular employment and who do not reside in NYC.
• Contractors who do not reside in NYC.

 

Each Key to NYC business should consider appropriate reasonable accommodations, mindful of the purposes behind this policy and public health.

 

There are multiple ways to show proof of vaccination:

• A photo or hard copy of their CDC vaccination card
• NYC COVID Safe App
• New York State Excelsior App
• Official vaccine record
• A photo or hard copy of an official vaccination record of a vaccine administered outside the United States for one of the following vaccines: AstraZeneca/SK Bioscience, Serum Institute of India/COVISHIELD and Vaxzevria, Sinopharm, or Sinovac.

 

Affected small businesses with questions can call the NYC Department of Small Business Services hotline at 888-SBS-4NYC (888-727-4692), 311, or go online to nyc.gov/keytonyc.

 

Penalties for failure to comply after September 13 start at $1,000 and can reach $5,000 for repeated violators.

EDITOR'S NOTE:

This reporter was told by two top NYC doctors, Dr. Chokshi the Commissioner of the DOH that he is immune to the virus after getting over it 18 months ago in five days, but we would like you to get the shot.

Dr, Katz head of the HHC system said you are immune and do not need to be vaccinated. Are these two top NYC doctor's wrong in their diagnosis, or correct about the immunity to the COVID-19 virus. 

Queens Man Pleads Guilty to Posting Threats to Kill Members of Congress and Illegally Possessing Ammunition

 

Defendant Posted Threatening Statements About Carrying Out Violent Attacks in Washington, D.C. on January 5 and 6, 2021

 Earlier today, in federal court in Brooklyn, Eduard Florea pleaded guilty before United States Chief Magistrate Judge Cheryl L. Pollak to one count of transmitting threats to injure and one count of possessing ammunition after having been convicted of a felony.  When sentenced, Florea faces up to 15 years in prison.

Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, and Jacqueline Maguire, Acting Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.

“With today’s guilty plea, Florea admits to threatening the life of a successful candidate for the U.S. Senate and to urging others to take up arms to unleash violence at the Capitol on January 6, 2021 to thwart the results of the Presidential election.” stated Acting U.S. Attorney Kasulis. “This Office is deeply committed to protecting our democratic institutions and to using all available tools to preserve the public safety, uphold the rule of law and support the peaceful transfer of power.”

As set forth in the court filings and today’s proceeding, Florea posted threatening statements online about killing elected officials, including now-United States Senator Raphael Warnock and committing other acts of violence in Washington, D.C. in connection with the certification of the results of the 2020 Presidential Election.  For example, on January 5, 2021, at approximately 8:40 p.m., Florea posted, “We need to all come to an agreement . . . and go armed . . . and really take back Washington.” A few minutes later, Florea posted, “Tomorrow may very [well] be the day war kicks off . . .”  At 11:53 p.m. the same day, Florea posted, “Warnock is going to have a hard time casting votes for communist policies when he’s swinging with the f***ing fish.”  In the early morning hours of January 6, 2021, at approximately 12:42 a.m., Florea referenced Senator Warnock and stated, “Dead men can’t pass sh*t laws . . .”

On January 6, 2021, after the assault on the United States Capitol had begun, Florea posted that he intended to travel to Washington, D.C. as part of a group armed with firearms ready to engage in additional violence.  Between approximately 2:00 p.m. and 6:00 p.m.—while the Capitol was under siege—Florea posted the following messages, among others:

• “Mine are ready….I am ready…. we need to regroup outside of DC and attack from all sides… talking to some other guys….I will keep watching for the signal.”

• “I am awaiting my orders…armed and ready to deploy….”

• “Guns cleaned loaded . . . got a bunch of guys all armed and ready to deploy . . . we are just waiting for the word”

• “There 3 car full of armed patriots heading in from NY….”

• “Me and some guys are gearing up to head in. . . . where are you . . . 3 cars already are enroute . . . .all armed.”

• “It’s time to unleash some violence.”

On January 12, 2021, FBI Special Agents and Task Force Officers with the New York Joint Terrorism Task Force executed a search warrant at Florea’s home in Middle Village, Queens.  The search revealed that Florea, who had been previously convicted of a New York state firearms-related felony, illegally possessed more than 1,000 rounds of ammunition.