Tuesday, April 4, 2023

Attorney General James Leads Multistate Coalition to Protect Transgender Students’ Rights

 

Coalition of 18 Attorneys General File Amicus Brief to Support a West Virginia Transgender Student’s Right to Join Sports Teams

New York Attorney General Letitia James co-led a coalition of 18 attorneys general to support a student challenging a West Virginia law that bans transgender students from participating on sports teams consistent with their gender identity. The student, B.P.J., was prohibited from joining her school’s girls’ cross country and track teams and filed a lawsuit against the board of education. In an amicus brief filed in B.P.J. v. West Virginia Board of Education, the coalition of attorneys general argue that the sole purpose of the West Virginia law is to exclude and stigmatize transgender students like B.P.J. and therefore it clearly violates her right to equal protection under the law. 

“When a transgender student is prevented from playing on the sports team consistent with their gender identity, their rights are taken away from them and we will not stand for it,” said Attorney General James. “Transgender students should be afforded the same opportunities as their peers and deserve to live without fear of discrimination or stigma. My office is dedicated to combating any effort to restrict rights or punish people solely for being who they are.”

The brief, filed in the U.S. Court of Appeals for the Fourth Circuit, asks the court to reverse a lower court ruling which dismissed B.P.J.’s lawsuit. The attorneys general argue that the West Virginia statute, which bans B.P.J. from participating on her school’s all-girls cross country and track teams, violates Title IX of the Education Amendments of 1972, as it denies transgender girls like B.P.J. access to the same athletic opportunities that other boys and girls have. The attorneys general want to ensure that federal law is applied properly to protect transgender people from discrimination.

The brief also notes that over 1.6 million people in the United States — including about 300,000 youth between the ages of 13 and 17 — identify as transgender. These Americans make valuable contributions to our communities as teachers, essential workers, firefighters, doctors, and more, but face discrimination, violence, and harassment that limits their ability to realize their potential. One survey of transgender students by the National School Climate Survey found that 77 percent of respondents reported negative experiences in school including verbal harassment and assault.

Attorney General James has long fought for the rights of transgender students and people and has been a leader in supporting the LGBTQ+ community. Last month, Attorney General James called out Florida Governor Ron DeSantis for violating public university students’ right to privacy over his request for information on those receiving gender-affirming care. Last December, Attorney General James led a multi-state coalition of attorneys general to support equal access to gender-affirming care in West Virginia. In November 2022, Attorney General James led a coalition of attorneys general to support transgender students seeking to participate in sex-segregated school sportsconsistent with their gender identity in Indiana. Attorney General James has led or co-led coalitions of attorneys general to challenge policies prohibiting transgender students from using bathrooms which correspond with their gender identity in IndianaFlorida, and Virginia.

Joining Attorney General James in filing the brief are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Rhode Island, Vermont, and Washington.

Statement from NYC Comptroller on Administration’s New FY 2024 PEG Directive

 

New York City Comptroller Brad Lander issued the following statement:

“Today’s PEG directive shows that the unresolved State budget poses serious threats to New York City. Albany must stop delaying the budget, and instead fully fund the MTA, provide the State’s share for shelter and services for asylum seekers, and remove the Governor’s proposed cost shifts that could cost the City over $1 billion.

“City Hall’s response to uncertainty from Albany is a blunt approach that cuts arbitrarily rather than plans strategically for the future. These broad cuts will hit agencies that already faced large and arbitrary headcount reductions imposed by City Hall earlier this year.

“As our analysis of the preliminary budget showed, despite revenues above projections this year, the City faces serious out-year budget gaps. We need a long-term, strategic approach that allows agencies to plan for efficiencies and attrition over time that will protect critical services and considers revenue increases targeted to those who can afford them in order to make wise investments in the City’s future thriving. Not 10 days for every agency to make hasty cuts.”

The Comptroller’s Office’s analysis of the FY 2024 Preliminary Budget is available here.

Statement from Governor Kathy Hochul on Latest School 'Swatting' Threats

Governor Kathy Hochul New York State Seal 

"More than 50 school districts across New York have received disturbing 'swatting' threats today including in Central New York, Long Island, the Southern Tier and the North Country. I want to reassure parents that their children are safe at school - swatting threats are false and intended to cause panic and scare students, teachers and families.

"I have directed the New York State Police to investigate these threats and work closely with all levels of law enforcement to identify the perpetrators, hold them accountable, and restore the sense of safety and security our children deserve. Since the first round of swatting incidents occurred last week, State Police has been working closely with the State Education Department, county leadership and local school boards to provide support and any necessary resources to address these incidents. My top priority will always be the safety of New Yorkers."

MAYOR ADAMS UNVEILS COLLABORATIVE PORTRAITS BY ACCLAIMED ARTIST ROY NACHUM IN CITY HALL ROTUNDA

 

New York City Mayor Eric Adams unveiled several unique collaborative portraits by artist Roy Nachum in the City Hall Rotunda. These extraordinary works of art feature low vision individuals, who collaborated with Nachum by adding the final touches to their own portraits. Today’s unveiling marks the third installation of new artwork displayed in City Hall in recent months, following the display of photos from Alvin Ailey Dance Theatre during Black History Month and artist Elena del Rivero’s artwork, “Home Address,” in honor of International Women’s Day.

 

“As the mayor of arts and culture, I am proud to bring diverse art to City Hall," said Mayor Adams. “By showcasing Roy Nachum’s remarkable portraits in City Hall, we hope to continue to celebrate the talents and experiences of New Yorkers, and foster a spirit of unity and inclusion in our city. Roy’s installation, “Portraits,” showcases the incredible collaboration between him and some of our inspiring brothers and sisters who are low vision is a testament to the power of art to transcend boundaries and bring people together.”

 

“When we bring art into our city's public places, we create space for inspiration, exploration, and new connections" said New York City Department of Cultural Affairs Commissioner Laurie Cumbo. "We're so excited for the remarkable artwork of Roy Nachum, along with his amazing collaborators, to be installed in City Hall, the civic heart of New York, and we look forward to bringing even more local artists’ work to public buildings around the city.“

 

“Art made by and for individuals with disabilities illuminates a unique perspective and invaluable creativity that enriches our world with inclusion and meaningful self-expression,” said Mayor's Office for People with Disabilities Commissioner Christina Curry. “Roy Nachum’s ‘Portrait’ is a celebration of artistic collaboration and breaks down barriers, proving again that art has the power to unite us all.”

 

“I worked on each portrait for over a year, capturing every detail of their faces, but it was not until after they touched the canvas itself that the paintings were given their soul,” said Artist Roy Nachum. “These works represent humility. It is a great honor to exhibit them in City Hall and be part of a historic event advocating for cultural diversity in New York City.”

 

These three installments are a part of the new citywide initiative to exhibit work by local artists and arts groups in city buildings across the five boroughs. Roy Nachum, an Israeli-born artist based in New York, is known for his creative collaborations with low vision individuals, incorporating braille and other tactile elements into his artwork. Nachum has received widespread acclaim for his inclusive approach to art, which challenges traditional notions of sight and perception. Among his accomplishments is a Grammy nomination for his work on Rihanna's 2017 album cover, “Anti.” This exhibition will showcase the power of art to bring people together and foster understanding and appreciation for the diverse experiences of all New Yorkers.


Attorney General James’ Office of Special Investigation Releases Report on the Death of Raymierik Lopez

 

 New York Attorney General Letitia James’ Office of Special Investigation (OSI) today released its report on the death of Raymierik Lopez, who died on December 16, 2021, after an encounter with an off-duty officer from the New York City Police Department (NYPD). Following a thorough investigation, which included review of security camera footage, witness interviews, and crime scene analysis, OSI determined that justification could not be disproved beyond a reasonable doubt at trial, and thus criminal charges against the off-duty officer were not warranted in this matter.

Around 3 a.m. on December 16, 2021, an off-duty NYPD officer left a nightclub in Woodside, Queens to wait for his friend. He was sitting in the front seat of his car with the driver’s side door open, across the intersection from the nightclub. Another car pulled up next to the off-duty officer’s car and Mr. Lopez and two other individuals in ski masks got out and approached the officer. Mr. Lopez and the other men grabbed at the gold chains that the off-duty officer was wearing around his neck in an apparent attempt to rob him. They exchanged gunfire and retreated.

The off-duty officer was transported to a local hospital and treated for his injuries. Mr. Lopez was also transported to the hospital, where he was pronounced dead. Officers recovered two firearms at the scene, one of which was the off-duty officer’s service weapon.

The two individuals who were with Mr. Lopez before fleeing the scene were apprehended in the days following the incident, and their cases are being prosecuted by the Queens County District Attorney’s Office.

Under New York’s justification law, a person may use deadly physical force to defend against the imminent use of deadly physical force by another. To convict a person of a crime when the defense of justification is raised at trial, the prosecution must disprove justification beyond a reasonable doubt.

In this case, the off-duty officer was the victim of a robbery in progress and reasonably believed that his life was in danger. Under these circumstances, given the law and the evidence, a prosecutor would not be able to disprove beyond a reasonable doubt that the off-duty officer was justified in his use of force, and OSI determined that criminal charges could not be pursued against him in this case.

Bronx Borough President Vanessa L. Gibson - Community Resources & Updates


Dear Neighbor,

 

Thank you for joining us for another week in review.


Last week, I joined with my colleagues in government to fight for tenants to receive adequate support in housing court. When I was in the NYC Council, then-Council Member Mark Levine and I fought for the Right-to-Counsel (RTC) legislation that gives tenants the right to an attorney if they are being sued for eviction or if they are income eligible. Since being enacted in 2017, we've seen that Local Law 53 works. The numbers don’t lie: evictions have plummeted, landlords are suing tenants less and almost 85% of tenants who had Right-to-Counsel, stayed in their homes. However, due to lack of funding many qualifying tenants have not been able to receive rightful representation.


That is why I joined with Borough President Levine and Council Member Shaun Abreu at City Hall to support Intro 921 which will require the City’s Office of Civil Justice to prepare an estimate of funding necessary to implement RTC; and Reso 499 that will call on the state legislature to pass a law requiring courts to adjourn eviction proceedings until they have adequate opportunity to secure counsel as required by city law.


Thank you Council Member Abreu for carrying the baton and continuing the fight for Right-to-Counsel. Thank you also to my fellow Borough President Mark Levine for his partnership. To learn about RTC, click here.


Lastly, we celebrated the return of our Bronx Bombers to the Yankee Stadium for Opening Day! We are so excited to see what this new season has in store for our New York Yankees. This is Aaron Judge's first season as captain, and Anthony Volpe's MLB debut. This season is gearing up to be one for the books and we are ready for our 28th ring!


As always, if you have any questions or concerns, please do not hesitate to contact our office at 718-590-3500 or email us at webmail@bronxbp.nyc.gov.

 

In partnership,

Bronx Borough President Vanessa L. Gibson

IN THE COMMUNITY

🌳Corporal Irwin Fischer Park


This is a win for the West Bronx! Last week, we celebrated the ribbon cutting of a brand-new park in our Borough.


As the former Council Member for the 16th District, the transformation of this empty lot into a greenspace for our community was a top priority of mine as part of the Jerome Neighborhood Plan, and I am excited to see this project come to fruition.


Bronxites deserve the best and will now get to enjoy a new playground, a toddler play area, and space to safely recreate.


Thank you to NYC Parks, Bronx Community Board 4, the Mayor`s Office, parks advocates, Highbridge residents, and everyone else involved in bringing this vision to life.


📷: NYC Parks

I joined with civil rights leaders and health advocates to fight for legislation banning menthol cigarettes.


Menthol cigarettes have disproportionately affected our Black and brown communities for far too long. 86% of Black smokers and 72% of Hispanic smokers smoke menthol; and half of young people who had ever tried smoking, started with menthol cigarettes.


While we are working to eradicate the sale of menthol in our communities, those who smoke menthol will not be criminalized. Instead, we will hold sellers accountable.


It is time to ban these products and protect Black and brown people from Big Tobacco companies hoping to profit at their expense.

I was proud to allocate $500,000 to go towards the completion of Claremont House!


This 8-story, 100-percent residential building will offer affordable homeownership opportunities and include a mix of 20 one-bedroom, 16 two-bedroom, and four three-bedroom apartments.


This was a commitment from the Jerome Rezoning Plan and I am proud to see it come to fruition. Thank you to the New York City Department of Housing Preservation and Development, Community Land Trust, Habitat NYC, Camber Property, and Almat Urban for their work on this vital project that will give land ownership back to our community.

45th Precinct Easter Egg-Stravaganza

 

It was a beautiful Sunday afternoon, and there were hundreds of different color plastic Easter Eggs scattered around in an area of Ferry Point Park waiting for children to pick them up and see what was inside. This was the 45th Precinct and Throggs Neck Community Alliance annual Easter Egg-Stravaganza. 


This years event was even more special as New York City Mayor Eric Adams attended and was the official Easter Egg Hunt opener. Mayor Adams was joined by Councilwoman Marjorie Velazquez, and Bronx Borough President Vanessa L. Gibson. Angela Torres the Executive Director of the Throggs Neck Community Alliance was the emcee of the event with 45th Precinct Council President Robert Bider, 45th Precinct Commanding Officer Captain Johnny Orellana, and Community Affairs Officer Rivera. 


Mayor Eric Adams arrived on time as he heads for the stage to be welcomed.


(L - R) 45th Community Affairs Officer Rivera, 45th Precinct Commanding Officer Captain Johnny Orellana, THCA Executive Director Angela Torres, Mayor Eric Adams (speaking), Mcgruff, 45th Precinct Council President Robert Bider, Councilwoman Marjorie Velazquez, and the Easter Bunny.


Mayor Adams would depart the stage with a police and security escort as he gives a little girl a High 5.


Councilwoman Velazquez explains to Mayor Adams the different areas that were set up in Ferry Point Park for the children to enjoy.


The mayor and councilwoman would stop to take photos with people attending the event.


There would also be stops at the various tables set up to thank volunteers working behind them. 


Bronx Borough President joined in for this photo with Mayor Adams and Councilwoman Velazquez.


On hand were the mounted police with their well trained police horses.

CONSUMER ALERT: New York Department of State’s Division of Consumer Protection Releases Guide with Tips for Navigating Rental Scams


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Part One of Five-Part Consumer Alert Series to Help New Yorkers Navigate Housing Scams 

Follow the New York Department of State on FacebookTwitter and Instagram for “Tuesday’s Tips” – Practical Tips to Educate and Empower New York Consumers on a Variety of Topics

Secretary Robert J. Rodriguez: “Finding a place to live can be stressful enough without the added worry of being scammed, so I encourage New Yorkers to follow our tips and learn how to spot a potential scam when looking for a new residence.” 

For this week’s “Tuesday’s Tips,” the New York Department of State’s Division of Consumer Protection announced the release of a comprehensive guide with practical tips to help New Yorkers identify and avoid rental scams. The guide is part one of a five-part consumer alert series to help New Yorkers navigate housing scams, which are a continuously growing risk for consumers. In 2022, the FBI received 11,727 real estate/rental scam related complaints with losses of over $396 million, an 86% increase compared to 2020. In the coming weeks, consumers will receive guidance on how to navigate housing scams when renting, buying a first home, protecting their homes, planning a home improvement project or looking for a moving or storage company. Follow the New York Department of State on FacebookTwitter and Instagram and check in every Tuesday for more practical tips that educate and empower New York consumers on a variety of topics. Sign up to receive consumer alerts directly to your email or phone here.

“In today’s highly competitive housing market, renters are often targeted by scammers who use enticing offers to steal their hard-earned money,” Secretary of State Robert J. Rodriguez said. “Finding a place to live can be stressful enough without the added worry of being scammed, so I encourage New Yorkers to follow our tips and learn how to spot a potential scam when looking for a new residence.”

Looking for a rental home or apartment can be an expensive and time-consuming process, and as the cost of living continues to increase rental scams are becoming even more prevalent. Rental scams do not just harm renters, they can severely damage the reputations and livelihoods of New York’s honest, hardworking real estate agents.

To prevent a costly mistake, below are key tips on how to identify and avoid rental scams:

Confirm that the rental listing is legitimate and verify the source of the listing. Scammers often post fake listings of properties that are not on the market, or may copy a photo or description of a property from another source to use in their ad. A few minutes of research can prevent you from putting a security deposit on a rental that’s not an option for you. To verify if a rental is legitimate:

  • Visit real estate websites and see if the rental you want is also listed in another city or available on another website with a different email address. 
  • Run a reverse image search and see if you can find that listing anywhere on the internet. There are many reputable free online reverse image search platforms. If you find an identical listing with a different email address, that’s a red flag that it’s a scam.

Verify the identity of any Real Estate Professional. Confirm that the real estate professional you’re working with is licensed in New York by following these steps:

  • Visit the NYS Department of State’s Public License Search database.
  • Conduct an independent online search and check the phone number associated with their real estate license address. Call the number to verify.
  • Request to see a copy of the Department of State issued photo license and arrange an in-person or video meeting to compare the ID.

Inspect the Premises. Avoid completing background checks, signing a lease agreement or paying any advance fees or deposits before having an opportunity to inspect the premises.

Be suspicious if asked to use payment methods that are untraceable. Scammers generally conduct transactions by phone, text message or email and often ask for a wire transfer, prepaid debit card, payment on a cash-based app or other method of payment that is not traceable. Instead, pay by check or with credit card and get receipts for any payments.

Request everything in writing. It is always better to leave a paper trail. Real estate professionals are required by law to provide you with copies of all instruments relating to the transaction.

Don’t give in to high-pressure sales tactics. Scammers may urge you to rent quickly before someone else gets the property, prompting you to possibly miss an important step in the evaluation process. While the rental market is tough right now with low supply and high demand, remember to be cautious about all the steps involved in a real estate transaction – including carefully reviewing the lease agreement and verifying the identity of those you are engaged with during the rental transaction.

Protect your privacy. Scammers often request personal information and money for background checks, then disappear. Refrain from providing personal information or your social security number unless you are absolutely sure you are dealing with a reputable business or agent.

About the New York State Division of Consumer Protection
The New York State Division of Consumer Protection provides resources and education materials to consumers, as well as voluntary mediation services between consumers and businesses. The Consumer Assistance Helpline 1-800-697-1220 is available Monday to Friday from 8:30am to 4:30pm, excluding State Holidays, and consumer complaints can be filed at any time at www.dos.ny.gov/consumer-protection.

For other consumer protection tips and consumer alerts, consumers can visit the DCP website or follow DCP on social media via Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer.