Summons more outrageous than ever

As if there weren’t enough predators around, spotted recently on Ocean Parkway was a Parks Department employee issuing parking tickets. When approached, he replied that this street was their territory. Indeed it is the Parks Department responsibility to maintain the median strips, which are considered parkland and within their jurisdiction, but now they have been put to work providing revenue at the public’s expense!

This is not to say that those who truly are in violation do not deserve to receive a summons, but much too much effort is placed on fines as a revenue source rather than actual punishment, and the amounts are excessive (see Amendment VIII to the Constitution of the United States below).

The agents who write the summons are not the only guilty parties. Since taking up the cause, we have been approached with accounts of some decisions that are truly frightening, as convincing evidence is often written off out of hand. In one case brought to our attention, a photo showing the arrow on a “No Standing” sign which was partially obliterated brought the response that the person should have found other signs on the block. The problem was that this was the only sign that applied, as the photo clearly indicated.

The administrative law judges who decide these cases are political appointees. Therefore, they are more of a collection agency than a party to a truly fair hearing. Justice? Not here!

Are the city’s summonses even legal? According to the Constitution of the United States, they don’t appear to be (emphasis added):

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article V indicates that the use of eminent domain for private use is also illegal. The fact that the law seems to be at the discretion of an elite few these days doesn’t speak very well for 21st century America.

Occasionally Bloomberg doesn’t win

As noted often in this column, the City Council only rebukes Mayor Bloomberg when they are threatened by massive protests from their constituents or others who may affect their political careers. A huge project in the Bronx invoked such a reaction recently as the Council acted against the mayor’s wishes.

The project includes several temporary jobs and fewer permanent jobs, both paying substandard wages. This elicited the wrath of the unions, who protested vehemently. The mayor’s reply was that they were sill jobs and better than no jobs (sort of like “Let them eat cake”). Council members, however, counting on union support to further their political careers, rose up in protest rather than alienate the powerful labor groups.

Brooklyn Bridge Park: parkland for developers

Mayor Bloomberg now wants to take over Brooklyn Bridge Park. No surprise there -- he wants to take over everything else!

For those unfamiliar with the project, Brooklyn Bridge Park was to be a world-class park on the Brooklyn waterfront across the East River from downtown Manhattan. It was to have facilities for sports, a museum, an electric trolley running the length of the park and other amenities.

One aspect of the project, previously unheard of, was that the park had to be self-sustaining, with no public funds provided for its maintenance; apparently, spending public money for the public good being a thing of the past. Even so, it was planned by community groups in partnership with government, and the facilities provided were destined to foot the bills…until someone came along with the idea to replace most of the facilities with high-rise condos (sound familiar?). This brought about a reaction from the politically active community. For several years the fight has endured. Now Mayor Bloomberg wants to step in and take over. Do you think he’ll rid the park of the condos? Not on a bet.

Stay tuned. This fight isn’t over!

Can students afford to go to school?

We hope that by the time you read this the MTA will have backed off its threat to eliminate Student Metrocards. Even presenting this is in extremely bad taste. How can any government agency openly espouse a policy that undermines the education of the city’s students?

And where is our “education” mayor on this issue?

The MTA is notorious for presenting a “budget of convenience”. They’re totally solvent one day and the next they’re in dire need. Assembly Speaker Sheldon Silver has made assurances that this and other drastic cuts will never happen. We certainly are rooting for him to succeed.

Adding insult to injury: No boards for the boardwalk

In addition to the devastation of our beloved Coney Island, now we find that city will redo the famed boardwalk without the boards (see story, page 4). The scheduled rebuilding will consist of a concrete surface. A small section of simulated boards over the concrete in the heart of what was the amusement area will be a reminder of what was. It’s a token boardwalk for the token Coney Island they’re planning.

Excuse me while I gag on this latest travesty.