By: J. David Goodman (NY Times)
Mayor Bill de Blasio said on Wednesday that his administration would drop a lawsuit against the City Council, brought in the waning months of the Bloomberg administration, that sought to block a new law intended to prevent police profiling in New York.
The move by the Law Department, which will officially be taken in legal papers expected to be filed by Monday, fulfills a campaign promise by Mr. de Blasio and represents the latest step by his administration to shake off its predecessor’s legacy of aggressively defending the stop-and-frisk practices of the Police Department.
In late January, Mr. de Blasio said he would drop an appeal and agree to reforms ordered by the federal judge who presided over lawsuits challenging the police tactics.
The suit over the antiprofiling law pitted the mayor’s office against the Council. The suit challenged the legality of the measure, known as Local Law 71, which was enacted last August despite a veto by Mayor Michael R. Bloomberg.
The law broadened the number of New Yorkers who are protected against bias, including categories like sexual orientation and housing status, and opened state courts up to suits on the issue by individuals. It did not allow courts to award monetary damages.
City Hall immediately sued to block the law, claiming it ran afoul of the state’s authority in the area of criminal procedure. “Local legislative bodies should not be passing laws affecting the regulation of law enforcement activity in this way,” Michael A. Cardozo, who was the city’s corporation counsel, said at the time.
In a phone interview on Wednesday, Zachary W. Carter, who is Mr. Cardozo’s successor as the city’s top lawyer, did not address the legal basis of the previous challenge, saying instead that it is “the prerogative of the mayor and of the city to assert legal positions.” The new mayor had a different position, he said.
“That’s all that’s happening here,” Mr. Carter said.http://nation.foxnews.com/2014/03/05/bill-deblasio-drops-bloomberg-era-lawsuit-defending-“stop-frisk”-policy