Posts Tagged ‘NYC’

Land use and zoning roundup

  • NYC landmark decree will strangle famed Strand used bookstore, says owner [Nancy Bass Wyden, New York Daily News, Nick Gillespie, Reason, earlier] NIMBY resistance to Dupont Circle project behind Masonic Temple insists on preserving views that weren’t there until fairly recently [Nick Sementelli, Greater Greater Washington]
  • “Barcelona city hall has finally issued a work permit for the unfinished church designed by the architect Antoni Gaudí, 137 years after construction started on the Sagrada Família basilica.” [AP/Guardian] At least they’re not in one of the American towns and cities that would make them tear down work outside the scope of permit before proceeding;
  • FHA lending tilts heavily toward detached single-family housing over condos, encouraging sprawl [Scott Beyer]
  • “San Francisco’s Regulations Are the Cause of Its Housing Crisis” [Beyer]
  • “What Should I Read to Understand Zoning?” [Nolan Gray, Market Urbanism]
  • I think we can all guess which union was not cut into a share of the work in this Bay Area housing development [Jennifer Wadsworth, San Jose Inside (Laborers union files CEQA suit), Christian Britschgi, Reason]

June 5 roundup

  • Why New York City can’t build new infrastructure at reasonable cost (“Every factor you look at is flawed the way the MTA does business, from the first step to the end.”) [Josh Barro]
  • “‘He’s finally getting his due.’ Serial ADA filer faces charges as store owners rejoice” [Sam Stanton, Sacramento Bee on tax charges against Scott Johnson, whose doings are often chronicled in this space] Flashback: vintage Sacramento billiards parlor Jointed Cue closes after being named in one of Johnson’s 1,000+ accessibility suits [Kellen Browning, Sacramento Bee last year]
  • “Four-Year Court Battle Between Deaf Advocates and Harvard Over Closed Captioning of Videos Proceeds to Discovery With Some Limitations” [Kristina M. Launey & Minh N. Vu, Seyfarth Shaw; earlier on takedown of Berkeley online courses]
  • More on copyright battle between state of Georgia and Carl Malamud over whether he can publish online the laws of Georgia with annotations commissioned and approved by the state under agreement with private publishers [Adam Liptak, New York Times; earlier]
  • Reviewing the harms of rent control: a view from Seattle [Kevin Schofield, SCC Insight]
  • California Voting Rights Act (CVRA) “imposes liability on cities that elect their representatives through an at-large system and have racially polarized voting.” Generous attorneys’ fee provisions have encouraged assembly-line filing of complaints [Federalist Society forum with J. Michael Connolly; Mark Plummer, LAist; Carolyn Schuk, Silicon Valley Voice (Sunnyvale); Robert Haugh, Santa Clara News Online]

Supreme Court will review NYC’s rule against moving licensed handguns

“New York City’s bizarre ordinance bans pistol permit holders from taking their firearms beyond the five boroughs. (The irony seems to be lost on the eminently anti-gun municipality, which one would think wants as many guns to leave as possible). …The Supreme Court will hear oral argument in New York State Rifle & Pistol Association v. City of New York in October, after it returns from its summer break.” [Cato at Liberty blog post by Ilya Shapiro and Matthew Larosiere, and related Cato Daily Podcast with Larosiere and Caleb Brown]

Web accessibility suits hit art galleries

More than 75 New York City art galleries “have been hit with lawsuits alleging they are violating the Americans With Disabilities Act (ADA) because their websites are not equally accessible to blind and visually impaired consumers. Art galleries are the latest business sector to be targeted with a wave of such lawsuits. Thousands of other businesses, including hotels, resorts, universities, and restaurants have been served with similar complaints last year.” Deshawn Dawson, a legally blind person living in Brooklyn, has filed at least 37 of the suits; he along with another frequent filer are often represented by attorneys Joseph Mizrahi and Jeffrey Gottlieb. Art and design schools around the country have also been hit, and some New York galleries have settled claims rather than take the risks of litigation and a possible adverse verdict [Eileen Kinsella, Artnet News, first, second, third pieces]

Environment roundup

  • EPA confirms the view of its peer agencies around the world: glyphosate weed killer, found in Roundup, is not a carcinogen [Tom Polansek, Reuters, earlier, more]
  • Mayor Bulldozer? Critical look at Pete Buttigieg’s push to tear down hundreds of vacant dilapidated South Bend homes and fine the owners [Henry Gomez, BuzzFeed; see also Chris Sikich, Indianapolis Star]
  • “Why Trump should call off the EPA’s latest assault on NYC” [Nicole Gelinas, New York Post; $3 billion to revamp and cover over a Yonkers reservoir]
  • “‘High-yield’ farming costs the environment less than previously thought – and could help spare habitats” [Cambridge University]
  • Is clarity finally coming on the scope of federal control of local surface waters? [Jonathan Adler on Trump administration “Waters of the United States” regulation; Tony Francois, Federalist Society on prospects for “navigable waters” at the Supreme Court]
  • “New Jersey Court Strikes Down Use of Eminent Domain to Take Property to “Bank” it for Possible Future Use” [Ilya Somin] Pennsylvania law promoted as fixing blighted neighborhoods used to steal people’s homes [Eric Boehm]

Liability roundup

How Hudson Yards connects to Harlem

What an amazing story: “Manhattan’s new luxury mega-project [Hudson Yards] was partially bankrolled by an investor visa program called EB-5, which was meant to help poverty-stricken areas.” The far West Side of lower Manhattan, not far from Tribeca, the Village, and Chelsea, is hardly known for its poverty, but creative subsidy seekers carved out an “area” that connected the Hudson Yards site, gerrymander style, through midtown and Central Park to public housing projects in Harlem. And presto: access to benefits meant to revive high-unemployment urban areas. [Kriston Capps, CityLab]

Reader David Link writes:

It’s only bad if you think the point of the Poverty/Industrial Complex is designed to alleviate poverty, rather than just being a set of white collar jobs programs. This gerrymander is a visual example of the usual, multiple links between poverty/social justice/community improvement rhetoric and the people who ultimately benefit. From what I’ve heard, it sounds like a good step for New York, and the only excess cost is to those who aren’t skeptical enough to accept the rhetoric.

Labor roundup

  • Not headed to Gotham after all: “The RWDSU union was interested in organizing the Whole Foods grocery store workers, a subsidiary owned by Amazon, and they deployed several ‘community based organizations’ (which RWDSU funds) to oppose the Amazon transaction as negotiation leverage. It backfired.” [Alex Tabarrok]
  • “NLRB reverses course and restores some sense to its concerted activity rules” [Jon Hyman, earlier]
  • Among papers at the Hoover Institution’s conference last summer on “Land, Labor, and the Rule of Law”: Diana Furchtgott-Roth, “Executive Branch Overreach in Labor Regulation” discusses persuader, fiduciary, overtime, joint employer, independent contractor, federal contract blacklist, campus recruitment as age discrimination, and more; Price Fishback, “Rule of Law in Labor Relations, 1898-1940” on how reducing violence was a key objective of pro-union laws, anti-union laws, and arbitration laws; and related video; Christos Andreas Makridis, “Do Right-to-Work Laws Work? Evidence from Individual Well-being and Economic Sentiment” (“Contrary to conventional wisdom, RTW laws raise employee well-being and sentiment by improving workplace conditions and culture”) and related video;
  • Relief coming on NLRB’s Browning-Ferris joint employer initiative? [Federalist Society panel video with Richard Epstein, Richard F. Griffin, Jr., Philip Miscimarra, moderated by Judge Timothy Tymkovich; Philip Rosen et al., Jackson Lewis; earlier]
  • “Production company hires union labor after Boston officials allegedly threaten to withhold permits for music festivals. District court: Can’t try the officials for extortion because they didn’t obtain any personal benefit; the alleged benefits went to the union. First Circuit: The indictment should not have been dismissed.” [John K. Ross, IJ “Short Circuit,” on U.S. v. Brissette, earlier]
  • In 1922 a brutal mob attack resulted in the slaughter of 23 strikebreakers in Herrin, Illinois. Maybe something that should be taught in schools? [Robby Soave, Reason]

“Gravity Knives, Bump Stocks, and Lawless Law Enforcement”

“For years [Manhattan sous-chef Joseph] Cracco had been using his Spyderco Endura 4 folding knife, the sort of tool that is sold openly by retailers in New York City and throughout the state, for mundane tasks like opening boxes and bottles. … According to Cracco and a co-worker who was with him, it took the cop four or five tries before he managed to swing the blade fully open with one hand — a feat that Cracco himself had never attempted. Cracco thus joined the thousands of New Yorkers who are arrested each year for carrying the tools of their trades or hobbies.” While New York’s gravity-knife law was upheld against earlier challenges, U.S. District Judge Paul Crotty “in a March 27 decision declar[ed] the gravity knife ban “unconstitutionally vague” as applied to Cracco.” [Jacob Sullum, Reason, C.J. Ciaramella, Reason, earlier]

April 3 roundup

  • “Arkansas Passes Bill to Prevent Sale of ‘Cauliflower Rice'” [Bettina Makalintal, Vice via Anthony M. Kreis (“Carolene Products of our time”, and more on that celebrated filled-milk case]
  • Ted Frank has another case raising the cy pres issues the Supreme Court just sidestepped in Frank v. Gaos [Marcia Coyle on rewards-program class action settlement in Perryman v. Romero]
  • Feds recommend 12 year sentence for copyright and ADA troll Paul Hansmeier [Tim Cushing, TechDirt]
  • Didn’t realize New York City still had such a substantial fur industry – much of it in the district of an elected official who’s keen to ban it [Carl Campanile, New York Post]
  • “Who’s Afraid of Big Tech?” Cato conference with Matthew Feeney, Alec Stapp, Jonathan Rauch, Julian Sanchez, Peter Van Doren, and John Samples, among many others [panels one (“Big Brother in Big Tech”), two (“Is Big Tech Too Big?”), three (“Free Speech in an Age of Social Media”)]
  • Looking forward to this one, due out from New York lawyer James Zirin in September: Plaintiff in Chief: A Portrait of Donald Trump in 3,500 Lawsuits [St. Martin’s Press]