“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]
Posts Tagged ‘NYC’
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]
Brooklyn: “Court Rules Against City, Millions of Dollars Of Wealth Restored”
A noteworthy victory for property owners in Brooklyn, following investigative journalism that had exposed a pattern of a seizures by New York City of homes and other properties after procedurally or substantively dubious findings of distressed condition or tax/water arrears. The city then sometimes handed the property over to politically connected developers. In the new decision, Kings County Supreme Court Judge Mark Partnow “ruled that the City of New York violated the U. S. Constitution in the seizure of six central Brooklyn properties, and ordered the city to give them back to their owners.” [Stephen Witt and Kelly J. Mena, Kings County Politics, earlier on the journalism]
The NYPD’s DNA dragnet
New York City police have employed the equivalent of DNA dragnets, combining voluntary with covert (e.g., grabbing a discarded cup) collection methods. Thus, before identifying a suspect in the Howard Beach jogger case, “the NYPD collected well over 500 DNA profiles from men in the East New York area….But things get worse from there. For those people excluded from the jogger case, the Office of the Chief Medical Examiner, the city’s crime lab, permanently keeps those profiles in their databank [with more than 64,000 others] and routinely compares profiles to all city crimes.”
In other words, cooperate with police by giving a DNA sample in order to help solve (or clear yourself in) some dreadful crime, and you’re in the database to nail for anything and everything else in future. “In this respect, [you] will be treated just like someone convicted of a crime.” And did you guess this? “Under their labor contract with the city, rank-and-file officers don’t give the lab their DNA, which means the lab can’t easily rule out possible crime-scene contamination.” [Allison Lewis, New York Daily News]
“Have Gun, Can’t Travel”
After nearly a decade of silence, the Supreme Court finally takes another Second Amendment case. And it’s a doozy, on New York’s “eccentric and abusive” ban on gun transport [Ilya Shapiro, Cato, Jacob Sullum (including headline), Dave Kopel (“eccentric and abusive”), Joyce Lee Malcolm on New York State Rifle and Pistol Association Inc. v. City of New York, New York]
“Mom whose tot started deadly Bronx fire sues for $1B from stove maker, city”
“The woman whose toddler sparked a 2017 Bronx blaze that killed 13 people and whose own actions might have fanned the deadly flames is now demanding a total of $1.1 billion — citing the ‘negligence’ of others.” Among other defendants, the suit blames a stove maker for “knobs and valves that were too easy to turn on.” [Dean Balsamini, New York Post]
Environment roundup
- EPA reversal on Waters of the United States rule gives power back to states [Andrew Wheeler, Kansas City Star; related Federalist Society video with Donald Kochan and Robert Glicksman; earlier]
- Even if one concedes that throwaway items generate environmental externalities, it still doesn’t mean laws should ban disposable diapers or other single-use plastics [Ryan Bourne, Telegraph/Cato] “New Jersey Plans a Plastic-Banning Spree” [Christian Britschgi]
- NYC’s Mayor de Blasio: “we will seize their buildings and we will put them in the hands of a community nonprofit.” [John Sexton]
- It’s sometimes claimed that NYC’s unusually high cost of constructing public infrastructure arises from its preexisting infrastructure, geology, and high land values, yet other world cities with tougher challenges in each category build at much lower cost [Connor Harris, City Journal]
- Podcast: Lynne Kiesling lecture on environmental economics [Cato University 2018]
- Acrylamide follies: “Bid to introduce cancer warnings on breakfast cereal packaging fails in California court” [Legal NewsLine, from July] After public outcry, state of California acted last summer to forestall possible Prop 65 warnings on coffee [New York Times, earlier]
December 26 roundup
- “Elephant Habeas Case: Steven Wise’s Forum Shopping Apparently Fails” [Ted Folkman, Letters Blogatory, earlier here and here]
- Right now owners of gas stations in D.C. “need approval from the Gas Station Advisory Board (GSAB) to close. However, there’s one small problem. The GSAB hasn’t had members since 2008, so there’s no one to get approval from.” [Daniel Warwick, Greater Greater Washington]
- “Jones Act Reform Gaining Momentum” [Colin Grabow, Cato, earlier]
- “Serving Two (or More) Masters: Civil Service and Bureaucratic Resistance in our Administrative State” [Adam White working paper and related video as part of Hoover Institution’s Land, Labor, and Rule of Law conference]
- MoCo vs. NoVa in business site relocation, Baltimore policing, charmless climate suit, red flag law and more Maryland policy in my latest Free State Notes;
- New York appears ready to return to the days of confiscatory rent control, a policy that helped ruin wide swaths of the city in the 60s and 70s [Charles Urstadt, City Journal]
“I’m not asking for money or a tax rebate….Just leave me alone.”
Citing the importance of the famed Strand used bookstore as a literary hub for Gotham writers over much of the past century, New York City’s Landmarks Preservation Commission is considering a proposal to slap landmark status on the structure, along with some other nearby buildings in its neighborhood south of Union Square. But “Nancy Bass Wyden, who owns the Strand and its building at 826 Broadway, said landmarking could deal a death blow to the business her family has owned for 91 years, one of the largest book stores in the world.” Landmark status in New York seriously constricts owners’ discretion to renovate, maintain and change space. [Corey Kilgannon, New York Times; Joe Setyon, Reason]
Wage and hour roundup
- Politicians interfere with a complex industry they don’t understand: when the $15 minimum wage came to New York car washes [Jim Epstein, Reason: article, 13:32 video]
- “D.C. Repeals a Minimum Wage Hike That Restaurant Workers Didn’t Want” [Eric Boehm, Reason] “Tipping lawsuit leads popular Salem restaurant to declare bankruptcy” [Dan Casey, Roanoke Times]
- Challenging a premise: “Why a federal minimum wage?” [Scott Sumner] “Pew Map Shows One Reason a National $15 Minimum Wage Won’t Work” [Joe Setyon, Reason]
- New evidence on effects of Seattle $15 minimum: benefits go to workers with relatively high experience, “8% reduction in job turnover rates as well as a significant reduction in the rate of new entries into the workforce.” [NBER] “Minimum wage hike in Venezuela shuts stores, wipes out many jobs” [Hans Bader]
- “Ontario labour minister’s office vandalized after minimum wage cap announced” [Canadian Press, CBC background of Ford provincial government rollback of Wynne-era labor measures]
- DoL plans new rules on joint-employer definition [Jaclyn Diaz, Bloomberg; Alex Passantino, Seyfarth Shaw, earlier]