White Plains CitizeNetReporter

WPCNR STREET LEGAL. MAY 23, 2019:

White Plains Kat Brezler’s attorney presenter her appeal to the 2nd Circuit Court of Appeals in Brooklyn Wednesday for the court to reverse the New York Supreme Court decision that she had “insufficient number” of valid signatures on her petition to run in the Democratic Primary June 25.

Ms. Brezler issued this statement:

” We aren’t sure when the decision is expected. Hoping by the end of the week we will know. 

Our lawyer felt like he put forth a compelling argument with a pathway for the justices to put us back on the ballot.

This process is exhausting and frustrating.

We believe that the people of White Plains will ultimately have the final say. We are on the ballot no matter what on the Workers Families Party line in November. “

When Ms. Brezler filed her petitions to challenge the nominations of Nadine Hunt=Robinson, Victoria Presser and Jennifer Puja as Democratic Nominees to run for Common Council, the Westchester Board of Elections approved her petition. Three persons filed a suit challenging the validity of the Brezler signees. The judge reviewing the case, ruled on May 7 to invalidate (Brezler’s) signatures based on them not matching registration cards. That ruling, in effect eliminated the primary election June 25.

Brezler appealed at the time, detailing why in this statement in a press release: “Signatures ruled invalid (by the judge) included those from women who had remarried, a voter afflicted with Parkinson’s, and newly registered voters.”

Brezler’s news release statement after the judge’s ruling the week of May 7 noted that she had

“collected 1,175 signatures of which only 696 were necessary to qualify for the ballot. The Westchester County Board of Elections validated 780 of them. We’re fighting for an appeal because voters should decide if we’re going to expand low-income and affordable housing in White Plains, not a few entrenched political operatives.”

WPCNR SCHOOL DAYS. By John F. Bailey. May 21, 2019 UPDATED 12 mIDNIGHT.:

White Plains voters voted to approve the school budget by 85% today. The following video shows the moment when the final returns came in:

As the school district explained in a previous briefing on the budget, Proposition 1, approved by a 994 to 106 plurality, does this:

Proposition #1 approves up to $6.4 million in expenditures for school improvement projects throughout the district, from the already existing 2016 Capital Reserve Fund. 

(In 2018, the voters in White Plains approved a $10,000,000 expenditure out of the reserve fund created in 2016.) By WPCNR rough estimate the first Reserve Fund raised approximately 16 Million in its three year existance, spending $10 million last year, and another $6.4 million depleting the leftover cash was approved for the 2019-20 budget in Tuesday’s vote.

Proposition #2 approved by a 954 to 116 margin, approves establishment of a new 2019 Capital Reserve Fund of up to $25 million over a period of 10 years, to replace the 2016 Fund which will be depleted.  Monies will be accrued through annual appropriation of unexpended funds and other legally available funds.  No additional taxes will be incurred by either of these propositions.  

The newly approved budget increases taxes by 3.44%, and is under the 2% property tax cap. Ann Vaccaro-Teich, Assistant Superintendent for Business said the budget was the result of good planning, cooperation, and hard work.

An unofficial total of 1,108 registered voters voted. There are 32,000 registered voters in White Plains, which means that 3.4% of voters eligible to vote voted. In 2017, 939 voters voted in the school budget election, meaning that voter participation increased 18% year to year.

This is Dr. Ricca’s second proposed budget the voters have passed. The first Ricca budget, the current 2018-19 budget , increased spending by 2.1 %. In the previous year, 2017-18, ending in June,  the budget was increased 2.58%. Though the school district was allowed under the tax cap to raise the budget 3% in Dr. Ricca’s first year , the Board and Dr. Ricca held the increase to 2.1%.

Dr. Ricca’s second budget, passed Tuesday is up 3.66% from the $218.6 Million budget of 2018-19. However an influx of over $2 Million in state aid is behind that 3.66% increase in expenditure. Without the additional state aid you would have a budget of 224.6 Million, or an increase of 2.7% year to year.

WPCNR SCHOOL DAYS. From White Plains Superintendent of Schools, Dr. Joseph Ricca. May 20, 2019:

 It’s time for our Annual Budget Vote & Election.  We are very proud of the budget we’re proposing for next year, which is fiscally responsible, tax-levy compliant, and supports 100% of our current programming.  The plan also adds exciting new learning opportunities for our students and keeps high quality teachers in every classroom.  It totals $226,588,508 and has a tax levy increase of 3.44%. 

Also on the ballot are two propositions relating to Capital Reserves. 

Proposition #1 asks the voters to approve (as we are required to do) up to $6.4 million in expenditures for school improvement projects throughout the district, from the already existing 2016 Capital Reserve Fund. 

Proposition #2 asks for voter approval (again, required) to establish a new 2019 Capital Reserve Fund of up to $25 million over a period of 10 years, to replace the 2016 Fund which will be depleted.  Monies will be accrued through annual appropriation of unexpended funds and other legally available funds.  No additional taxes will be incurred by either of these propositions.  \

We think you will agree that this is a responsible, economical method of maintaining our wonderful facilities, rather than relying on bonding which, in itself, has a high cost. You may wish to learn more by viewing this short video: https://youtu.be/TT3obcD1rO8

WPCNR CAMPAIGN 2019. By John F. Bailey. May 16, 2019:

Kat Brezler, the White Plains Democrat who filed 1, 175 signatures on petitions to secure a place on the June 25, 2019 Democratic Primary Ballot to challenge Democratic Party official nominees Nadine Hunt-Robinson, Jennifer Puja and Victoria Presser has had her petition denied by a decision handed down by Supreme Court Judge Sam Walker May 7.

The denial was determined by presiding Judge Walker after a suit was filed challenging the Board of Elections approval of 780 of Brezler’s signatures (she needed 696 to make the ballot).

After the Board had approved the signatures, a suit was filed by Victoria Presser (one of the Party nominated candidates), Diane Travers and Stephen Walfish. Judge Walker examined the 780 signatures and found, according to the Board of Elections, Brezler “did not have sufficient signatures.”

Brezler’s office released this statement to WPCNR:

“The decision comes after the judge ruled to invalidate signatures based on them not matching voter registration cards, some of which were from the 1970’s. Signatures ruled invalid included those from women who had remarried, a voter afflicted with Parkinson’s, and newly registered voters.

“How many disenfranchised voters is too many? My answer is one is too many! Knocking good signatures off a petition is voter suppression. Keeping candidates from ballot access is voter suppression. We need to stop these dirty tricks and let the voters decide who they want to elect,” 

Brezler’s campaign collected 1175 signatures of which only 696 were necessary to qualify for the ballot. The Board of Elections validated 780 of them.

“We’re fighting for an appeal because voters should decide if we’re going to expand low-income and affordable housing in White Plains, not a few entrenched local political operatives.

“We know we need to get big money out of politics, it infects every level of our system,” Brezler added.

Candidates Forum set for June 17, if Brezler is on the ballot.

A spokesperson for Ms. Brezler told WPCNR there is a League of Women Voters Forum scheduled for June 17 (no time or location set) that was supposed to feature the three Democrat nominees, Presser, Puja and Hunt-Robinson, and Brezler.

If Ms. Brezler is not on the ballot, there would be no primary and no forum. The League of Women Voters according to Andrew Custodio had not asked Republican Candidates, Custodio, Ann-Marie Encarnacao and Brian Peroni to participate.

The spokesperson for Brezler said, “By the end of this month we will have a definitive answer as to if we are participating in the Democratic primary (and therefore the forum, if it is only intended for Dem primary candidates.) Without Kat, there will be no primary. The party has endorsed 3 women for 3 seats so if that is the case I wonder if LWV will postpone this event until closer to the general election.”

Brezler will be back

The spokesperson announced that “According to their website, Working Families Party has only endorsed Kat, but I do know the White Plains Dems submitted WFP petitions for Jen and one other candidate, so they may very well be on the WFP line in November as well. Our WFP nomination has not been challenged, which is why we will appear on that line regardless in November.

WPCNR STREET LEGAL. From Disability Rights Advocates. May 15, 2019:

A civil rights class action lawsuit was filed today in New York against the Metropolitan Transportation Authority (MTA), challenging its prevalent, discriminatory practice of renovating New York City subway stations without installing elevators or other stair-free routes in blatant violation of the Americans with Disabilities Act (ADA).

This ongoing illegal conduct harms hundreds of thousands of New Yorkers who use wheelchairs and other mobility devices, and also those who have heart or lung conditions, arthritis, or other disabilities that make it difficult, dangerous, or impossible to use stairs. (Editor’s Note: The White Plains Metro North Station has an elevator in place for access to the elevated platforms.)

The lawsuit was filed by Disability Rights Advocates (DRA), a national nonprofit legal center, on behalf of three individual plaintiffs and a broad coalition of disability groups, including Bronx Independent Living Services; Brooklyn Center for Independence of the Disabled; Center for Independence of the Disabled, New York; Disabled In Action of Metropolitan New York; and Harlem Independent Living Center. The law firm Sheppard Mullin Richter & Hampton LLP is co-counsel with DRA.

The lawsuit comes on the heels of another lawsuit filed by DRA against the MTA in 2016. That case, in which the U.S. government intervened, challenges the MTA’s failure to install an elevator as part of its seven-month closure and renovation of the Middletown Road station in the Bronx.

In March 2019, Federal Judge Edgardo Ramos ruled that those renovations triggered accessibility obligations under the ADA regardless of how much those improvements cost.  The ruling cast a spotlight on the MTA’s practice of ignoring accessibility during subway station renovations. This lawsuit focuses on the same principle, but as applied by the MTA system-wide.

“The MTA’s actions clearly demonstrate that they value amenities like Wi-Fi over serving passengers with disabilities,” said Michelle Caiola, DRA’s Managing Director of Litigation, said, “MTA has a longstanding pattern of ignoring their ADA obligations when altering stations, harming not only those with disabilities, but all New Yorkers who benefit from elevator access, including parents with strollers and senior citizens. Its disregard and negligence should no longer be tolerated.”

The New York City subway is the fastest, most convenient way to travel throughout the City. The speed, frequency, convenience, and relatively low cost of a subway ride are unmatched by any of New York City’s alternate modes of transportation, including buses, cabs, and the Access-A-Ride paratransit service. Some of these alternate modes of transportation are also inaccessible to customers with mobility disabilities, highlighting the critical importance of the subway.  

Yet, individuals with disabilities are completely excluded from more than 75% of stations that do not offer a stair-free path of travel, making traveling around the City more burdensome and, in some cases, impossible. Half of all neighborhoods served by the subway do not have a single accessible station, and subway accessibility is even more dismal in outer boroughs where a disproportionate number of people with disabilities live.

This dire situation continues because for the past several decades—in contradiction to the ADA’s requirement that accessibility be included along with station renovations—the MTA has completed numerous major renovation projects to improve station usability for nondisabled riders.

The authority has spent millions of dollars and closing stations for months, while repeatedly failing to install the elevators necessary for customers with disabilities to access these renovated stations. The MTA has ignored the needs of its customers with disabilities for years.

“The MTA needs to get their priorities straight,” according to Susan Dooha, executive director of the Center for Independence of the Disabled, New York. “When they’re already doing the work and spending money to fix a station, they need to remember to finish the job and install elevators.”

“For decades, the MTA has renovated stations at a cost of billions, blatantly evading the Americans with Disabilities Act,” said Joe Rappaport, executive director of the Brooklyn Center for Independence of the Disabled. “It’s long past time access is first among the MTA’s priorities, not an afterthought or not thought of at all.”

The lawsuit seeks a court order requiring the MTA to install elevators or other means of stair-access in all renovated stations, as well as a declaration that Defendants’ practice of ignoring accessibility during renovations is unlawful. Plaintiffs do not seek monetary damages.

About Disability Rights Advocates (DRA)

Disability Rights Advocates is one of the leading nonprofit disability rights legal centers in the nation.  With offices in Berkeley, California and New York City, DRA’s mission is to advance equal rights for people with all types of disabilities nationwide.  DRA’s work in New York City has resulted in making half of the City’s yellow taxi fleet accessible to wheelchair users, a federal court order requiring the City to make its voting sites accessible, and a victory at trial in a class-action lawsuit challenging New York City’s failure to plan for the needs of persons with disabilities in disasters such as Hurricane Sandy.  More information can be found at www.dralegal.org.

About Brooklyn Center for Independence of the Disabled (BCID)

For more than 60 years, the Brooklyn Center for Independence of the Disabled’s mission has been to empower persons with disabilities. BCID provides services for the community, helping people advocate for themselves, and leads advocacy for better transportation, housing and in other campaigns for full access and integration into the life of Brooklyn and New York City. Visit www.bcid.org for more information.

About Center for Independence of the Disabled, New York (CIDNY)
The Center for Independence of the Disabled in New York is a leading advocate for people with disabilities in New York City. It was founded in 1978 to ensure full integration, independence and equal opportunity for all people with disabilities by removing barriers to the social, economic, cultural and civic life of the community. In 2018, CIDNY reached more than 100,000 New Yorkers. For more information, visit www.cidny.org.