NYC Mayor Accused of Violating Municipal Home Rule 20(5), NYC Administrative Code, and the NYC Charter

Contact: Chris Slattery, Founder and President, Expectant Mother Care / EMC Frontline Pregnancy Centers, 212-213-4690, 914-224-5773, slatterny@gmail.com

NEW YORK, March 11, 2011 /Christian Newswire/ -- On the behalf of the oldest and largest abortion alternative group in NYC, EMC FrontLIne Pregnancy Centers, The American Center for Law and Justice (ACLJ) sent a demand letter to NYC Mayor Michael Bloomberg requesting a formal hearing on NYC Bill 0371-A as required under NYC statutes.

Lawyers for Expectant Mother Care-EMC FrontLine Pregnancy Centers from the ACLJ contend that Municipal Home Rule Law § 20 (5), as it applies to New York City was violated in the rush to approve Bill 0-71A.  That law provides that no local law shall be approved by the Mayor unless a public hearing has been held before him,(1) and notice of the public hearing must be made at least five (5) days before the hearing and within ten (10) days of presentation of the introduction.(2)  This notice shall be published in the City Record and in such daily newspaper or newspapers, published in the city of New York, and shall be selected by the mayor for that purpose.(3)  Furthermore, the public hearing shall be held within twenty days of the Clerk’s of Introduction 0371-A.(4)

"Mr. Mayor, we demand our fair public hearing before you on the merits of this unwarranted Bill, which seeks to cripple free alternative to abortion counseling, ultrasounds, and quick and easy access to pre-natal care, which we provide in four boroughs. Your pledge to sign Bill 0-371A, shows a cold indifference to women obtaining both sides of their options in pregnancy," stated Chris Slattery, founder and President of EMC Frontline Pregnancy Centers.  "Your unwillingness to meet and talk with abortion alternative leaders shows your complete apathy to NYC's staggering 41% rate of abortion and displays a callous disregard for New York's future --it's children."  The report, which was recently exposed at a press conference by Archbishop Timothy Dolan and an interfaith coalition of religious leaders, definitely showed an abortion rate of 60% for African American women and that 90% of all abortions in New York City were performed on ethnic minorities.

"It is a sad day when the Mayor of the nation's greatest city turns a blind eye to a fundamental problem of our city's parents -- they have little hope in their future here.  His indifference to the pre-born children of New York puts our very future at greater risk," said Chris Slattery.

ACLJ attorneys further contend the New York City Council disrespected the rule of law when it hastily passed Introduction 0371-A in violation of section 36 of the New York City Charter.  This section states that the Council shall not pass a local law until it shall have been in its final form and upon the desks of the council members at least seven calendar days, exclusive of Sundays, prior to its final passage.(5)  Introduction 0371-A did not reach its final form until the Committee on Women's Issues voted on the amended version on Tuesday, March 1, 2011.  Therefore the introduction, in its final form, reached the council members' desks less than twenty four (24) hours before the vote.

The American Center of Law and Justice promises swift legal action should Mayor Bloomberg fail to comply with the law and hold the necessary public hearing for Introduction 0371-A.

Chris Slattery is founder and president of EMC Frontline Pregnancy Care, which operates 12 walk-in centers in New York City (www.emcfrontline.org).  Chris can be reached by phone at (212) 213-4690 or (914) 224-5773 and by email at slatteryny@gmail.com .

(American Center for Law and Justice letter to Mayor Bloomberg available upon request)

Citations:

(1) 41 Kew Gardens Rd. Associates v Tyburski, 507 N.Y.S.2d 698 (App. Div 1986)
(2) Mun. Home Rule § 20(5).
(3) Administrative Code of the City of New York § 3-208.
(4) Mun. Home Role § 20(5).
(5) N.Y. City Charter § 36.