Judge rules Mayor Adams broke law in blocking NYC jails solitary confinement ban
Local Law 42 was passed in December 2023, and the City Council overrode the mayor's subsequent veto in January 2024. Since then, Adams has used repeated executive orders to suspend parts of the law, citing public safety.
The Council then sued Dec. 9, arguing the mayor could not use emergency powers to override a decision by the city's duly elected legislature. On Monday, Judge Jeffrey Pearlman ruled in the Council's favor.
'When the City Council overturns a mayoral veto, it is not an emergency. It is a democratic process. By declaring a state of emergency and issuing emergency orders, the mayor violated that process,' wrote Pearlman.
Pearlman noted the Council passed Local Law 42 after years of hearings and debate including extensive input from the mayor and Department of Correction.
That input led to 'material changes' in the law's language.
'While the court respects the immense power that the state gives the executive, that [the Mayor] disagreed with the City Council on the passage of Local Law 42 cannot be considered an emergency of the sort imagined by the state Legislature.'
Pearlman wrote that he was referring to state Executive Law 24, which allows mayors to declare emergencies and use broad powers if 'public safety is imperiled.'
That law cites 'disaster, rioting, catastrophe, or similar public emergency' as reasons for issuing such an emergency order.
Adams first invoked emergency orders to suspend Local Law 42 on July 27, 2024, the date before the law went into effect.
Emergency Executive Order 624 stated the law 'severely limits the use of restrictive housing, de-escalation confinement, restraints in movement and emergency lock-ins' and therefore raises 'serious public safety concerns.'
Adams also argued the law 'conflicted' with court orders in the Nunez class action lawsuit which alleged the city failed to deal with violence and use of force in the jails. The case led to the creation of the federal monitor to recommend fixes. Mostly recently, the judge in the case ruled a manager will be appointed to take over some functions from city control. The monitor also cited unease with portions of the law.
In a Jan. 12 letter to the city, the monitor, Steve Martin, wrote the law 'could inadvertently undermine the overall goals of protecting individuals from harm.'
Adams has reissued the order every five days as required by state law.
The Council filed its Article 78 lawsuit Dec. 9 with Public Advocate Jumaane Williams, alleging Adams' orders amounted to 'an undemocratic abuse of power that no previous New York City Mayor has even attempted.'
'Mayor Adams' decision to exceed his legal authority, simply because he was overruled, undermines the foundation of our democracy, and it must be invalidated,' Council Speaker Adrienne Adams said at the time.
Reps for Adams did not immediately reply to a request for comment.
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