Gabriella Olivieri Publications Portfolio Annual Report - 2010 | Page 10

ADMINISTRATIVE LAW CHIEF Gabriel Taussig DEPUTY Robin Binder The Administrative Law Division litigates on behalf of the City in challenges related to laws and regulations that were adopted to promote public health and safety, protect consumers, and enhance New York City’s quality of life. Attorneys also bring civil actions to obtain compliance with laws and regulations and prosecute violators in Criminal Court. Enforcing Zoning for Adult Establishments Division attorneys successfully defended the City in two significant, years-long cases brought by a number of adult establishments in an effort to circumvent the City’s strict zoning laws governing where they can operate. In these cases, the court affirmed the City’s ability to regulate topless bars and video stores that have an adult focus. Assuming the rulings are affirmed on appeal, the City will be able to seek enforcement of zoning provisions that require such establishments to be located in non-residential neighborhoods and more than 500 feet from any school or place of worship. Defending Regulations That Promote Health and Quality of Life The Division has both weighed in on and defended a range of laws and regulations involving health, safety, and quality-of-life issues. Examples include Parks Department rules to regulate the number of artists allowed in park locations (currently in litigation); legislation to help the City take better enforcement action against illegal hotels; plans to extend the City’s smoking ban to public parks and beaches; revised rules for issuing press passes to the media; and a City law banning the sale of flavored chewing tobacco, which is often used by younger smokers (currently in litigation). Taking Action Against Neglectful Property Owners The Division initiated a number of demolition-by-neglect lawsuits against City property owners who had allowed their landmarked properties to fall into disrepair. Division attorneys represent the City’s Landmarks Preservation Commission in such enforcement actions, where the Commission has previously attempted to compel property owners to make needed repairs, and further legal action must be taken to protect the City’s dedicated landmarked buildings. 7 Expanding the City’s Disabled Parking Program to Non-City Residents The Division reached a settlement that expands the City’s Disabled Parking Program to allow non-City residents who do not work or go to school full-time in the City to apply on the same basis as residents. The new policy stems from the settlement of a lawsuit. The plaintiff, a disabled New Jersey resident, ha ??Y?^[?Y\??[??X??\??\?]?[?Y[??[?\?\??[??]?[??]H?\?X?Y[?]?YX[????\???\?] ????X?X?H??Y??Y?[?[??H?T8?&\?]]?]H??Y\??Y]??Y?H[??\?B?H]?\?[??]?Z[Y[?HXZ???Y\?[???]][?[?[[??H?H?]?[???]H?X?B?\\?Y[?8?&\??X?[???[?H?Y\???X?Y?HH?X?[????\?[Y?]X?[X\??H??\??[??[?YYH?\]Y\??HH?X?X?\??[?H?X?X?H?X??[H?T???H?\]Z\?[???Z?H??\?? L?[?H??Z[?8?'\?Yx?'H\?Z]??Y??H?Y[????]\??HX?X???Y]?HX?\?[??\[H?]x?&\?\??[Y[?]H?T?YY?[???X][??H]K[YK[???]H?\??B??X?X?H??\?Y\???X?[]]HH?????Y??X?[???X?H?Y?]H??\???H??Y] ?[?B?]\??[[??H??\?\?X?Y]HZ[?Y???^H M? [?]Y?][??????H?]K??[??]?^HY^X?]Y8?'[??\??[?Y\??\?[??x?'H[?\??Z[??HY\?]\???\?K?????