Tonight New York Made History - Bill de Blasio

Forty-two years ago at a small bar in Greenwich Village, New Yorkers took a stand against discrimination and the gay rights movement was born. Tonight, New York made history once again, becoming the largest state in the country to pass marriage equality.
This victory was only made possible because of the tireless dedication and advocacy of millions of New Yorkers, some gay, some straight, all fighting to ensure that every person in our state is guaranteed the same rights and privileges.
This historic day is also due in large part to the leadership of Governor Cuomo. I congratulate the Governor, the State Assembly and the State Senate for this historic step forward. I applaud those legislators who have fought on the front lines for years and also those legislators who courageously found it within themselves and in the voices of their constituents to vote 'yes' for the first time.
Sincerely,



Bill de Blasio
NYC Public Advocate

Public Advocate de Blasio Walks in Shoes of Childcare Provider

In the midst of Mayor Bloomberg’s threats to drastically cut funding for childcare services, Public Advocate Bill de Blasio spent yesterday morning walking in the shoes of Linnette Ebanks, a daycare provider who educates and cares for pre-school children at Little People's Retreat Group Day Care in Brooklyn.

Watch the video here:

“Seeing firsthand how childcare providers help our children learn and grow is all the evidence you need that the Mayor’s budget has the wrong priorities,” said Public Advocate Bill de Blasio. “Today I was proud to spend a morning walking in the shoes of Linnette Ebanks and tomorrow I will continue to fight for her and the thousands of working families that depend on child care.”

The Mayor’s Executive Budget would slash $57 million from childcare services and close 110 daycare centers city-wide—including 55 in Brooklyn alone. A map of these daycare centers is here.

News & Notes from NYC Public Advocate Bill de Blasio

Public Advocate Delivers Thousands of Signatures to Mayor from Parents Opposing Child Care Cuts - June 7, 2011

Parents oppose closing 110 daycare centers, eliminating daycare for thousands of kids

At a City Hall rally today, Public Advocate Bill de Blasio delivered 3,773 signatures to Mayor Bloomberg from parents opposing unprecedented cuts to childcare. The petitions were collected by organizers from Public Advocate de Blasio’s office from parents at daycare centers, including some of the 110 centers that will be eliminated by Mayor Bloomberg’s budget. The Mayor’s proposals will slash services for as many as 7,000 children, according to the Citizens’ Committee for Children.

“We need to be committed as a city to preparing our kids to learn on that first day of school. That’s something every parent knows and certainly something an ‘Education Mayor’ should understand,” said Public Advocate Bill de Blasio. “This budget consigns an entire generation of New York City kids to inferior childcare—and in some cases no childcare at all—during those first critical years of their development. The parents of this city cannot let that happen.”

The childcare cuts will eliminate the Priority 5 and 6 programs which provide vouchers for daycare services to working parents and those enrolled in job training. The drastic cuts will require the Administration for Children’s Services (ACS) to provide much more limited childcare services by closing 110 daycare centers across the city and requiring increased co-payments. In many instances childcare services will be shifted to cheaper providers whose programs are shorter in duration and provide less individual attention and instruction due to larger class sizes.

The signatures delivered by Public Advocate de Blasio put the total collected by a broad coalition of childcare advocates to over 30,000. Public Advocate de Blasio gathered the signatures as part of his campaign to make children a priority in this year’s budget. He has also collected over 5,200 petition signatures against the proposed firing of over 4,100 teachers.

Statement on DOI’s Report on Blizzard Response

June 3, 2011

“Way back when the snow was still falling, it was clear that the botched storm response was first and foremost a failure of leadership. I commend the Department of Investigation for putting together this thorough report and for incorporating information from constituent cases provided by my office. Now that allegations of a slowdown have been debunked, our efforts should turn to making sure we are ready in six months when winter returns.”

Statement in Support of TLC’s Five-Borough Taxi and Livery Service Plan

June 2, 2011

”The Five-Borough Yellow Taxi and Livery Service Plan is a winner for all of New York City’s residents. By auctioning new medallions that permit taxis picking up street hails outside of Manhattan, we will improve transportation in the outer boroughs while adding over $1 billion in revenue and thousands of good jobs for New York City. I also believe that the City’s efforts to ensure financing for livery owners seeking outer borough permits are a key piece of making this plan work. I am proud to support this proposal.”

Statement on Governor Cuomo Withdrawing from “Secure Communities” Program - June 1, 2011

“Secure Communities has unfairly targeted immigrants and increased wrongful deportations. Despite its name, the program has made New Yorkers less safe and torn families apart. I applaud Governor Cuomo for pulling us out of the program so we can get back to focusing on the law enforcement priorities that truly keep our communities safe.”

Momentum Builds in Fight to Restore Child Care Cuts

Parents and Kids Confront Mayor on Cuts and Release Report on Impact of Lack of Child Care Options on Families

Elected Officials Spend Day as Child Care Providers

Less than a week after a super majority of Council members wrote to the Mayor decrying his so-called "solution" to child care in the City, which would leave thousands of kids without care, and days after 30,000 petitions were delivered to City Hall calling on the Council and Mayor to restore the money for child care, dozens of parents and children descended on the Mayor's house to ask "What should we do with our kids if there is no child care?" and Public Advocate Bill de Blasio and Borough President Scott Stringer spent the day as a child care provider to show their support for the issue.

Also, today, the Center for Children’s Initiatives, a nonprofit focusing on early care and learning, issued a report along with Wachs Family Fund of the Rockefeller Philanthropy Advisors and Cornell School of Industrial and Labor Relations, with findings on what happens to New York City working families that lose child care.

The report is based on 83 interviews with NYC families eligible for a child care subsidy but unable to obtain one because of capacity cuts over the last 3 years. Strikingly, it finds that several parents reported that 311, NYC’s information line, informed them that the surest route to a child care subsidy was applying for public assistance [Executive Summary and Page 8].

Other report highlights:

• Parents interviewed see care not only as necessary so they can work – but they increasingly cite the educational value of high quality early learning programs. Several cited how unfair it was that only families earning “six figures” have access to excellent care. [Report Executive Summary and Page 9].
• A parent anecdote from Claudette, a home health aide earning $7.75 an hour providing care for elderly clients and the sole supporter for her 15 month old baby. When the center closed that provided care for her 15 month old while she worked full time, she desperately searched for a new caregiver. She couldn’t afford full-time care, so settled for part-time care out of her neighborhood. Claudette now has more than 45 minute commute to her part-time provider. She’s often late for work – threatening her future employment. She knows that going on public assistance would give her higher priority for care - but she’s trying to avoid that. [Report Page 3 - Sidebar]

“Without child care, I don’t know what I’m going to do,” said Kim Sandy, a single mother whose 3-year old son attends The Educational Alliance’s Lillian Wald Day Care Center. “I won’t be able to keep my job and provide for my family. So many parents depend on this care – for the Mayor to continue to cut child care just doesn’t make sense.”

“With the Mayor’s cuts, 7,000 fewer children from low income working families will have access to child care next year,” said David Nocenti, Executive Director of Union Settlement Association. “These children are more than just numbers – they are our city’s future, and they deserve safe, affordable, educational care that will set them on a path to success.”

Also, today, Public Advocate Bill de Blasio and Manhattan Borough President Scott Stringer took part in the United Federation of Teachers “Daycare Provider for a Day” program by visiting home daycare sites where providers educate and care for pre-school children.

"Seeing firsthand how childcare providers help our children learn and grow is all the evidence you need that the Mayor's budget has the wrong priorities," said Public Advocate Bill de Blasio. "Today I was proud to spend a morning walking in the shoes of Linnette Ebanks and tomorrow I will continue to fight for her and the thousands of working families that depend on child care."

“New York must never balance its budget on the backs of children and family, but that’s exactly what these cuts to child care and early education accomplish,” said Manhattan Borough President Scott Stringer. “Despite the Mayor’s restorations, the child care system at large is still under siege, and next year 7,000 fewer children from low-income families will be able to access care. This administration has worked to gradually dismantle such a critical social safety net; in total, the city has lost 14,000 child care slots in the past four years due to cuts of this nature. New Yorkers deserve more than a half-a-loaf response from City Hall on an issue that impacts our most vulnerable constituents and their children.”

NYC Public Advocate Bill de Blasio Mobilizes Parents Citywide Against Teacher Layoffs

PARENTS HIT THE STREETS TO DEMAND MAYOR BLOOMBERG KEEP TEACHERS IN THE CLASSROOM

Public Advocate Bill de Blasio today mobilized over 100 parent volunteers at 30 locations across the city for the Public Advocate’s “Parent Day of Action” against teacher layoffs. Parents and organizers urged New Yorkers to record audio and videos testimonials which are being uploaded to www.parentsforteachers.com in real time.

In just two hours on Thursday morning the Public Advocate’s parent volunteers and organizers collected over 1000 petition signatures and dozens of audio and video testimonials that have been posted online.

Public Advocate Bill de Blasio said, “Today, New York City parents hit the streets to take action against a budget that jeopardizes their children’s future. As a public school parent, I will not let us get shut out of the budget process, especially when Mayor’s Bloomberg’s proposed teacher layoffs would send class sizes through the roof.  

My office will continue to organize parents across New York until City Hall finally hears our voices.”

Councilmember Margaret Chin said, “The teacher layoffs threatened by Mayor Bloomberg are unacceptable. There are billions of dollars in the DOE budget this year for outside contracts, IT consultants, and even teacher recruitment. How can we legitimately threaten to lay off thousands of teachers while we are spending that kind of money hiring additional central staff, at the cost of increased class sizes? I applaud Public Advocate de Blasio and education advocates for their efforts today in highlighting the impact of these cuts. I and my colleagues in the City Council will be working hard with our Speaker, Christine Quinn, to push back on the Mayor’s proposed education cuts and to find alternative ways to fund the most important item in the DOE budget, our teachers.”

Councilmember Debi Rose said, “Laying-off teachers and cutting day care is unnecessary and wrong! There’s no way that we could lose 4,000 or more teachers and it not have a devastating impact on our youth and our communities. The future of our city depends on a well-educated work force. Less teachers in our schools means more students will be squeezed into classrooms that are already bulging at the seams. This will certainly have a negative effect on the quality of education in our schools. We must tell Mayor Bloomberg that we demand that our teachers and students come first in the budget-making decision.”

State Senator Shirley L. Huntley said, “Education is the key to success and can unlock unlimited doors of opportunity. Yet, to ensure our children attain a proper and sound education and can achieve success, we need teachers to help them along the way. Due to the regressive economic climate the New York City Department of Education is threatening to lay off 4,100 teachers. That is 4,100 less teachers that are children will have to educate them, 4,100 less teachers our children can go to for help and guidance, and 4,100 less teachers to make our schools tolerant, safe, and productive. Parents and community advocates all across the five boroughs must take a stand against any action that threatens our children’s education.”

State Senator Adriano Espaillat said, “We need our teachers in the classroom, not the unemployment line. New York's fiscal challenges should be addressed through common-sense progressive measures like the ‘millionaire's tax’ instead of teacher layoffs that place our children's education in jeopardy.”

Earlier this month, Public Advocate Bill de Blasio launched a series of online forums for parents where they can voice their objections to Mayor Bloomberg’s proposed cuts and also submit written and video testimonials in support of their child’s teachers. The websitewww.parentsforteachers.com contains testimonials from parents in all five boroughs, including dozens of messages from parents recorded today. Video testimonials are designed to be viewed, embedded and distributed online.

Parent Day of Action for NYC Schools and Teachers - Thursday, May 26

This Thursday, May 26th, Public Advocate Bill de Blasio and hundreds of parents will be flyering, petitioning and talking to New Yorkers at dozens of locations across the city as part of a citywide Parent Day of Action. I hope you can join us. To volunteer or learn more send us an email at organize@pubadvocate.nyc.gov or visit:
http://advocate.nyc.gov/parent-day-action

News & Notes from NYC Public Advocate Bill de Blasio...

FDNY CUTS PUT RESPONSE TIMES OVER NATIONAL "RED LINE"

May 21, 2011

Public Advocate De Blasio: 18 of 20 Cut Companies Won’t Meet Basic Standard

A report released today by Public Advocate Bill de Blasio shows the cuts to 20 fire companies in Mayor Bloomberg's Executive Budget will seriously imperil emergency response times. According to the report, 18 of these companies will exceed a national 4-minute standard after cuts are implemented—-some by over a full minute. The National Fire Protection Association urges a 4-minute response to prevent fires from spreading beyond a single room, after which the risk of civilian death triples and property damage increases more than eight-fold.

"The neighborhoods targeted by these cuts will see their safety go up in smoke," said Public Advocate Bill de Blasio. "If the Mayor succeeds in cutting these companies, some communities won't meet the response times needed in places like Fargo, North Dakota, let alone a city where we need to fight fires on the upper floors of big apartment buildings."

Council Member Elizabeth Crowley (D-30, Queens), Chair of the Fire & Criminal Justice Committee stated, "In addition to the findings in this study, the FDNY is not counting the time the 911-caller is spending with the 911 operator which could be up to two minutes. Response times are significantly higher than what the Administration is reporting--and these false response times are being used to justify closing fire companies.  The Administration's policy for reporting response times is misleading, inaccurate and dangerous."

The Public Advocate's report is based on response time increases estimated by the FDNY. The National Fire Protection Association standard is modeled on responding to a fire at a two-story, single-family home where firefighting can commence soon after crews arrive. In a dense city like New York, firefighters require additional minutes to ascend multi-story buildings, making any response times above the national standard even more alarming.

Read the report at:http://advocate.nyc.gov/files/DeBlasio_Fire_Company_Closures_Brief.pdf

Read it on Scribd at:http://www.scribd.com/doc/55945084/Public-Advocate-de-Blasio-Report-on-FDNY-Budget

STATEMENT BY PUBLIC ADVOCATE DE BLASIO ON FIREHOUSE CLOSURES

May 19, 2011

“The list of fire company cutbacks shows what the Mayor’s budget really means for the safety of New Yorkers and their families. In my own neighborhood, Engine Company 220, which is a block from my house, now faces an estimated 30-second jump in response time. As Fire Commissioner Cassano has acknowledged, higher response times mean greater risks for New Yorkers. I will fight to keep every one of these firehouses open so that no family is put in harm’s way.”

STATEMENT BY PUBLIC ADVOCATE DE BLASIO ON EXTENSION OF “TEMPORARY PROTECTED STATUS” FOR HAITIANS IN U.S
May 17, 2011

“I applaud President Obama and Secretary of Homeland Security Napolitano for extending Temporary Protected Status to Haitian nationals living in the United States through 2013. Thousands of Haitians living in our city will be better able to support their friends and families as Haiti continues to recover. Haiti still remains in desperate need of assistance, and I encourage all New Yorkers to continue showing their tremendous generosity by donating to relief efforts.”

New Yorkers can make donations to Haiti relief efforts through the following organizations:

International Rescue Committee

https://www.rescue.org/donate/donate-now-haiti

Clinton Foundation Relief Fund for Haiti

www.clintonfoundation.org/haitirelief

International Red Cross

Mail a check with “Haiti” in the memo line to:

American Red Cross

P.O. Box 37243

Washington, DC 20013

STATEMENT BY PUBLIC ADVOCATE DE BLASIO ON DOE PLEDGE TO REDO COMMUNITY EDUCATION COUNCIL ELECTIONS
MAY 13, 2011

“The Department’s revamped plan for CEC elections is only a partial victory for parents. I remain deeply concerned that a few days are insufficient to fully investigate what went wrong with this year’s elections, and that there may still be parents who were blocked from the ballot without just cause. While it was the right decision to postpone elections and restart voting, we need a lot more consideration from Tweed including a plan that ensures parents their rightful place in school decisions.”

STATEMENT FROM PUBLIC ADVOCATE DE BLASIO ON TEMPORARY RESTRAINING ORDER IN BRANDEIS HIGH SCHOOL COURT CASE

MAY 13, 2011

“As a public school parent, I do not see any sense in spending taxpayer dollars to renovate Brandeis until the outcome of this lawsuit is settled. The Department of Education should take this decision as an opportunity to find a more appropriate home for Success Academy, and to enable the students at Brandeis to continue to thrive.”

STATEMENT FROM PUBLIC ADVOCATE DE BLASIO ON ARRESTS OF SUPSECTS PLANNING TO ATTACK MANHATTAN SYNAGOGUE
MAY 12, 2011

“As President Obama has said, we need the vigilance and dedication of City and State government to successfully fight terrorism. Today local law enforcement has once again protected our city by dismantling a hateful and anti-Semitic plot to attack a synagogue. I commend all officers involved as well as Mayor Bloomberg, Commissioner Ray Kelly and District Attorney Cyrus Vance for their leadership in keeping New Yorkers safe.”

AN OPEN LETTER CHALLENGING BRADLEY A. SMITH OF THE CENTER FOR COMPETITIVE POLITICS TO A CITIZENS UNITED DEBATE
MAY 11, 2011

The following open letter has been sent to Bradley A. Smith of the Center for Competitive Politics in response to an op-ed in today’s New York Post. Public Advocate Bill de Blasio has invited Mr. Smith to debate the impact of the Supreme Court’s Citizens United ruling, and its relevance to New Yorkers.

May 11, 2011

Dear Mr. Smith,

The protection of our democratic process is the responsibility of all citizens. As New York City’s Public Advocate, I take that charge especially seriously.

Your assertion in today’s New York Post that the excessive corporate political spending let loose by the Citizens United ruling doesn’t matter to New Yorkers proves just how little you know about our city. For us, this is both a matter of economic interest and a moral imperative.

As a trustee of a $40 billion pension fund, I know firsthand that the rash political ventures of corporate America can have major consequences for the retirement and security of thousands of working people in New York. Citizens United has opened the way for companies to make political contributions right out of the corporate treasury, and by extension, out of our pension investments. The financial future of hard-working retirees shouldn’t rest on the political whims of corporate executives.

To contend that New Yorkers and Americans don’t care about the corrosive influence of money in our elections is blatantly untrue. Our city has blazed the trail of campaign finance reform by instituting a system of public matching funds that helps serious candidates of any income level to run for office. Just last fall, NYC voters overwhelmingly enacted a ballot measure to require disclosure of independent expenditures in City elections. There can be no question where New Yorkers’ hearts and minds are on this issue.

In short, the avalanche of corporate money into our political system does matter to New Yorkers, and all the more so because it happens in our own back yard. Just yesterday, American Crossroads—Karl Rove’s latest assault on democracy—announced its intention to drop $350,000 on a single special election for an upstate New York House seat.

I would welcome the chance to challenge you on these points so New Yorkers can see and judge for themselves. I invite you to debate in person the impact of Citizens United on our political system in New York and nationally.

I believe you will find New Yorkers both interested, and opinionated, on this critical issue.

Sincerely,

Bill de Blasio

Public Advocate for the City of New York

STATEMENT BY PUBLIC ADVOCATE DE BLASIO ON TEACHER LAYOFFS

MAY 6, 2011

“Despite the fiscal challenges we face, the Mayor is making the wrong choices for our children’s future. Even a cursory look at the millions we spend on teacher recruitment and technology consultants shows that the Administration has not made a real effort to strip down other expenses before firing teachers. The Administration also cannot afford to continue making the political fight around Last In/First Out a higher priority than keeping teachers in the classroom. As a public school parent I am outraged by how these choices jeopardize the stability of our schools. I will be organizing parents across New York City to demand that this budget makes our children the number one priority.”

STATEMENT BY PUBLIC ADVOCATE DE BLASIO ON MAYOR BLOOMBERG PICKING NISSAN TO BE TAXI OF TOMORROW
MAY 3, 2011

“The Taxi of Tomorrow should be creating the jobs of today for New York City, New York State and America. Instead, the Administration is giving away a $1 billion contract to a company based overseas without seeking any commitments for investment in our local and national economies. This failure, along with potential conflicts of interest between the TLC’s hired consultant Ricardo Inc. and Nissan, cast serious doubts on the legitimacy of the Administration’s final decision and its focus on bringing New York City out of the recession.”

STATEMENT BY PUBLIC ADVOCATE DE BLASIO ON INSPECTIONS OF ILLEGALLY SUBDIVIDED APARTMENTS
May 2, 2011

“Illegally converted apartments are a clear hazard to the safety of New Yorkers. It should not take the Department of Buildings weeks to dispatch inspectors, only to have many of them stymied by locked doors. The Department must accelerate its inspection process and increase its attempts to gain access to illegally subdivided units. We need to hold irresponsible landlords accountable and shut."

Public Advocate Bill de Blasio Slams Mayor At Forest Hills Meeting by Rob MacKay - Forest Hills, NY Patch

Read original...

Sounding a lot like a candidate for Mayor Michael Bloomberg’s job, Public Advocate Bill de Blasio blasted Hizzoner during a visit to Forest Hills Wednesday night, criticizing City Hall’s handling of everything from the budget to taxi cab contracts.

Citing “moral reasons,” de Blasio ripped the Bloomberg Administration’s threat to eliminate roughly 6,000 teacher positions throughout the New York City public school system. Not only would this plan reduce some school’s staffs by five percent, but it is completely unnecessary, according to the public advocate.

Addressing a joint meeting of local Democratic Party clubs, de Blasio calculated that the purported teacher layoffs would slash only $300 million from the school system’s $22 billion-plus annual budget. He suggested investigating other expenditures, such as some teacher training programs, that could be eliminated with less impact on students.

“There’s a lot of other things you can cut,” de Blasio said.

He also expressed opposition to the Bloomberg Administration’s threat to disregard LIFO (Last In, First Out), a policy of applying seniority preferences to teacher employment issues. “Seniority should be respected,” de Blasio said.

The other hot topic was the Taxi & Limousine Commission’s contest to award an exclusive contract to sell and service city cabs for the next decade. The TLC chose Nissan, whose proposal had no guarantee to create jobs in the five boroughs, even though runner-up Ford had pledged to build the taxis in Brooklyn in its application.

“The TLC asked for nothing in terms of jobs in New York City,” he said. “We want the maintenance done in the city.”

The public advocate also promised to step up efforts to eradicate illegal boarding houses. He said that the city is filled with two-family houses with 20 or more residents.

“It’s a huge fire hazard,” de Blasio said. “The Department of Buildings has not done a good job in my opinion.”

STATEMENT BY PUBLIC ADVOCATE DE BLASIO ON MAYOR BLOOMBERG PICKING NISSAN TO BE TAXI OF TOMORROW

“The Taxi of Tomorrow should be creating the jobs of today for New York City, New York State and America. Instead, the Administration is giving away a $1 billion contract to a company based overseas without seeking any commitments for investment in our local and national economies. This failure, along with potential conflicts of interest between the TLC’s hired consultant Ricardo Inc. and Nissan, cast serious doubts on the legitimacy of the Administration’s final decision and its focus on bringing New York City out of the recession.”

Join Public Advocate de Blasio in Calling for Reforms at ExxonMobil

Last Thursday, ExxonMobil announced $11 billion in first quarter profits thanks to skyrocketing gas prices. This comes on the heels of recent reports that ExxonMobil received millions in federal tax breaks last year and didn't pay a penny on tax day!


Public Advocate Bill de Blasio has called on ExxonMobil and the biggest recipients of corporate tax breaks to pledge that this latest windfall will not be spent on political contributions and electioneering. Click here for the story in today's Huffington Post.


Can you join Bill's call to action by sending an email to ExxonMobil?


Tax rebates should be used to grow the economy not bankroll the political causes of corporate executives.


Please take a quick moment to call on ExxonMobil to fully disclose all political spending and encourage others to also sign on at http://advocate.nyc.gov/exxon.

Statement by Public Advocate Bill de Blasio on Mayor Bloomberg Picking Nissan to be Taxi of Tomorrow

“The Taxi of Tomorrow should be creating the jobs of today for New York City, New York State and America. Instead, the Administration is giving away a $1 billion contract to a company based overseas without seeking any commitments for investment in our local and national economies. This failure, along with potential conflicts of interest between the TLC’s hired consultant Ricardo Inc. and Nissan, cast serious doubts on the legitimacy of the Administration’s final decision and its focus on bringing New York City out of the recession.”

Statement by Public Advocate de Blasio on Governor Cuomo's Bill to Bar Convicted Felons from Receiving Public Pensions

“No official who has broken public’s trust should draw another dime from taxpayers. The State Legislature should demonstrate its commitment to reforming Albany’s culture of corruption by passing Governor Cuomo’s bill into law at once. I applaud the Governor for seizing this moment to send a clear message that the State of New York will no longer tolerate the abuse of public office.”

Queens Residents File Suit Challenging Biased Denials of Social Security Disability Benefits

Queens Office Has One of Nation’s Highest Benefits Denial Rates

Class Action Suit Seeks To Disqualify Biased Social Security Administration Administrative Law Judges, de Blasio files Amicus Brief in Support

Eight disabled Queens residents filed a class action lawsuit today charging systematic bias against low-income disabled individuals seeking Social Security Disability benefits in Queens. The suit against the U.S. Social Security Administration seeks the disqualification of five Administrative Law Judges (ALJs) at the Queens Office of Disability Assistance & Review (ODAR) because of their persistent denial of claims based on glaring and intentional legal and procedural errors, thereby depriving thousands of eligible claimants of benefits they need to survive.

The Queens ODAR has the third highest benefits-denial rate in the country and the highest benefits-denial rate in the New York region, based on data covering decisions from 2005 to 2008. Almost all of the ALJs named in the suit rank high on the national list of top claims deniers. On appeal, the Queens ODAR suffers one of the highest remand rates in the country.

The lawsuit brought by the Urban Justice Center’s Mental Health Project and the law firm of Gibson, Dunn & Crutcher, details a history of persistent and intentional denials by the ALJs of disability claims, and provides compelling evidence of their anti-claimant bias. These errors have persisted despite repeated warnings and reversals by the federal court in Brooklyn. In prior rulings, that court has used various phrases to describe the problem with ALJs from Queens ODAR, including:

• Proceedings that were “a far cry” from the required standards;
• Conduct that “raises the possibility that the ALJ was not seeking to neutrally develop the record, but rather to find support for the conclusions he had already formed”
• Analysis that was “deficient” and “incoherent”
• Delay that was “particularly egregious”
• Rationale that was “plucked from thin air”
• Analysis that “trivializes plaintiff’s impairments”
• Overall conduct that demonstrates “serious negligence and could possibly even suggest bias”

While these findings came in individual cases over three years, this is the first lawsuit to weave those findings together, and with other evidence of bias, as a basis to seek the disqualification of most of the members (5 of 8) of a local Social Security hearing office.

Eve Stotland, Director of the Mental Health Project, Urban Justice Center, said “We hope this lawsuit will bring an end to the well-known and flagrant bias our clients face every day. These ALJs have used any and every rationale to deny claims for many years. We look forward to the day when bias against disabled claimants is no longer tolerated.”

“Many of these individuals are living in dire poverty while these ALJs repeatedly to refuse to apply the law,” says Emilia Sicilia, Senior Attorney at the Urban Justice Center. “Attempts to appeal these cases are almost always futile because even when errors are found on appeal, the cases are typically remanded back to the same ALJ and always to the same hearing office.”

"Any time the rights and needs of the vulnerable are disregarded, we must stand up for them,” said Public Advocate Bill de Blasio, whose office has filed an amicus brief in the case. “For years, administrative law judges have been wrongly denying disabled New Yorkers the social security benefits they deserve. My office will file our first amicus brief to help restore benefits to these victims and reform the way these judges do business,”

The five ALJs at the center of the lawsuit are Hearing Office Chief Administrative Law Judge David Nisnewitz, and ALJs Michael D. “Manuel” Cofresi, Seymour Fier, Marilyn P. Hoppenfeld, and Hazel C. Strauss. All have presided over thousands of cases, making the potential class of affected persons enormous.

Jim Walden, a partner at Gibson, Dunn & Crutcher, said, “Federal law does not permit this kind of bias in any form or fashion. Although this lawsuit is ground-breaking in the relief it seeks, it is firmly grounded in established precedent and statutory and Constitutional imperatives.”

Ian F. Feldman and Emilia Sicilia are counsel for the Mental Health Project, Urban Justice Center.

Oliver Olanoff, Tyler Amass, Sharon Grysman, Daniel Harris, Adam Jantzi, William Moriarty, Karin Reiss, and Abraham Shaw of Gibson, Dunn & Crutcher LLP are also working on the litigation on behalf of Class Plaintiffs.

The case is Padro, et al, v. Astrue, and has been filed in the U.S. District Court for the Eastern District of New York.

Community News & Notes from NYC Public Advocate Bill de Blasio...

STATEMENT BY PUBLIC ADVOCATE DE BLASIO ON MAYOR BLOOMBERG’S DECISION TO DELAY HIRING OF POLICE CADETS - April 13, 2011

“I strongly condemn Mayor Bloomberg’s decision to delay the hiring of over 500 police cadets, a move that will put the safety of New Yorkers at risk. This decision coupled with proposed budget cuts to the NYPD risks taking our police force back to the historic lows of the early 1990s. The progress we have made on reducing crime in the years since makes it clear that taking our police force backwards would be a dangerous mistake.”

STATEMENT BY PUBLIC ADVOCATE DE BLASIO ON DECISION TO HALT BAY RIDGE PARKWAY BIKE LANE - April 12, 2011

“I commend the Department of Transportation for responding to community concerns by halting its plans to install a bike lane in Bay Ridge. This was an important step forward that shows a willingness to respect the input of residents and community leaders. I challenge the Department to make listening to New Yorkers standard procedure and to be willing to incorporate community feedback into its projects.”

PARENTS AT UWS HIGH SCHOOL SUE CITY TO STOP CO-LOCATION - April 10, 2011

Lawsuit over lost classrooms, programs has backing of all UWS officials, Public Advocate

Parents of students at the Brandeis Educational Complex have filed a lawsuit in State Supreme Court to block the NYC Department of Education’s proposed co-location of a Charter Success Academy elementary school in their building. Parents have the backing of Public Advocate Bill de Blasio, Councilmember Gale Brewer, Assemblymembers Linda Rosenthal and Danny O’Donnell, State Senator Adriano Espaillat, as well as Congressmen Jerry Nadler and Charles Rangel. Brandeis was recently reorganized from a single high school into four smaller, growing high schools. The plan to move an elementary school into the building would result in overcrowding and a loss of crucial science labs, classrooms, arts studios and music programs.

The lawsuit, filed in State Supreme Court on Friday, alleges that the Department of Education:

• Used inaccurate enrollment figures at affected high schools
• Wrongly categorized spaces like science labs and dance studios as ordinary classrooms
• Violated its own procedures for public notification and consultation
• Failed to assess the environmental impact of car and bus traffic from Success Charter Academy

“We believe that the Department of Education has not followed its own guidelines nor State charter laws in co-locating this elementary charter school in the Brandeis High School Complex,” said Lisa Steglich, Frank McCourt High School parent and lawsuit plaintiff. “A separate entrance, separate screening procedures, and a costly new and separate cafeteria for charter school students are not ‘comparable and equitable treatment.’ As parents of Frank McCourt High School students, we seek only to see that our children are treated fairly and are not relegated to second class status in their own school building.”

“After months of trying getting through to the Department of Education, these parents have only one option left: sue the City. As a public school parent and a public official, I wholeheartedly support the Brandeis community’s lawsuit. While it’s clear the Administration is bent on proceeding no matter what parents, teachers and leaders in this community say, I am hopeful we will find justice in the court system,” said Public Advocate Bill de Blasio.

“I am fiercely and righteously opposed to the imposition of this charter school on our community,” said Council Member Gale A. Brewer. “This is not just another heated dispute about schools. It is a reprehensible land grab. Not only does this charter covet the new facilities that we created for our students at a cost of millions. They intend to divide our school and our community physically and culturally. It is morally wrong and bad school policy, but they think they will get away with it because DOE says they can. This court action is about stopping them.”

“We will show that the decision of the Panel for Educational Priorities was arbitrary and capricious, and should be declared invalid,” said Marc A. Landis, a Phillips Nizer partner and an Upper West Side parent-activist. “The Department of Education failed to meet its legal obligations when it overlooked the consequences of the proposed co-location on the existing high schools, failed to provide a sufficient educational impact statement, and failed to provide any environmental impact statement.”

“The voice of the people of our district is loud and clear: Success Academy does not belong in the Brandeis Campus,” said Ric Cherwin, Global Learning Collaborative Parent Association President. “Two of our schools have a very high proportion of special needs students who by law need extra space to be successful. With UWSA, these schools will have less space and their education will suffer. As has happened at other co-located schools with Success Academy, it becomes the haves vs. have-nots. Why would the DOE want to foster such a viral atmosphere?”

“The voices of the parents, students and community have been completely ignored throughout every step of this process,” said State Senator Adriano Espaillat. “A legal challenge is the final opportunity to ensure that these voices are heard, and provide the students at the four other schools of this complex an uninhibited educational experience, which must be our first priority."

“I stand in strong support of the students and their families who have filed suit against Success Academy Charter School," said Assemblymember Linda B. Rosenthal. “Since this process began many months ago, I, along with a broad coalition of elected officials, community activists and concerned parents, have argued that the PEP process was rife with inadequacies, and PEP approval was based upon incorrect information. School District 3 needs more elementary and middle school seats, not a charter school, but it looks as though Success Academy will go to any lengths to open a charter school in a district that does not want it, and certainly does not need it.”

“DOE has once again neglected to give the community a full, meaningful role in a local siting decision. State law, carefully crafted by my colleagues and I, intends that the community is fully notified and actively involved in these decisions from the beginning; this assuredly did not occur for this co-location proposal,” said Assemblymember Daniel O’Donnell. “Additionally, the students and schools currently at the Brandeis Campus must not be denied the opportunity to grow and thrive, to offer vibrant arts, science, and physical education curricula, and to creatively instruct. All of this is threatened by the co-location under consideration.”

“I am deeply concerned that the recent decision of the Department of Education to co-locate the Success Academy Charter school on the Brandeis Educational Campus was undertaken without regard for the problems this co-location imposes on both the young students who will attend the new charter elementary school and students at the five recently-established and impressive high schools on the Brandeis campus,” said Congressman Jerry Nadler. “As parents and students seek to prove in the lawsuit filed this week, it seems that the DOE failed in its duty to take this impact into account in making their co-location decision, despite repeated calls by parents, students and elected officials to do so.”

“The DOE needs to address the parents' concerns at Brandeis and elsewhere to ensure that every child has the full access to adequate classroom, arts and recreation space,” said Congressman Charles Rangel.

“Why is the DOE spending millions of dollars to squeeze in and to segregate four and five year old Success Charter students within a dedicated high school building? Worse, why are the DOE and Ms Moskowitz spending millions in taxpayer dollars bombarding Upper West Side parents with flyers and ads denigrating our local schools? It just shows that the Mayor’s and the DOE's priorities lie with the hedge-fund driven Charter schools rather than with the 96% who attend our traditional public schools,” said Noah E Gotbaum, President, CEC3.

The suit was filed by parents from the Global Learning Collaborative, Innovation Diploma Plus and Frank McCourt High Schools, who are being represented pro bono publico by Marc A. Landis, Jon Schuyler Brooks and Meagan Zapotocky of Phillips Nizer LLP. A court will hear the case on May 4th.