The impact of the Adult Survivors Act

Presented by American Cancer Society Cancer Action Network: POLITICO's must-read briefing informing the daily conversation among knowledgeable New Yorkers
Nov 22, 2023 View in browser
 
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By Emily Ngo, Nick Reisman and Jeff Coltin

Presented by American Cancer Society Cancer Action Network

With help from Jason Beeferman

PROGRAMMING NOTE: We’ll be off for Thanksgiving and Friday, but we’ll be back in your inboxes Monday.

A Safe Horizon PSA about the Adult Survivors Act plays in Times Square during a press conference on the new law, Friday, Nov. 18, 2022, in New York.

The Adult Survivors Act is set to expire after Thanksgiving. The law suspended the usual time limit victims of sexual assault had to file a lawsuit. | Julia Nikhinson/AP

Harvey Weinstein. Bill Cosby. Donald Trump. Sean Combs.

Lawsuits accusing high-powered men of sexual misconduct were the marquee cases during the one-year window created by the state’s Adult Survivors Act.

But the legislation expiring Thursday did more than target big names: It helped people of all walks find justice, its sponsors say.

“We are changing a dynamic, the antiquated way we view statutes of limitations, and we’ve gained new knowledge through the Child Victims Act and also the #MeToo movement about how women – for the most part, women – were silenced, harassed, intimidated,” Assemblymember Linda Rosenthal told Playbook.

Both Rosenthal and state Sen. Brad Hoylman-Sigal said they hope to extend the measure that has allowed for the filing of civil lawsuits regardless of when the alleged abuse took place.

In its final weeks, the act was used to sue Cosby for allegations including battery, assault and false imprisonment and state Sen. Kevin Parker for alleged rape. (Neither defendant has commented on the charges.)

And former state Sen. Tom Duane filed a lawsuit accusing an Albany doctor of molesting him.

It also ensnared institutions.

“There’s so many stories, so many, not just mine,” a woman who says she was repeatedly raped in state prison and a city jail told the Associated Press.

“We hope that as a result of the Adult Survivors Act that there can be real, lasting, meaningful change in these facilities, such that sexual abuse is not seen as all but a given when somebody is incarcerated,” Michael Polenberg, a vice president at Safe Horizon, which helps victims of abuse, told Playbook.

At least 2,587 lawsuits were launched due to the legislation, according to an AP count. Some lawsuits could represent several survivors.

A rush of new filings was expected this week. State Assemblymember Jessica González-Rojas noted Tuesday that there’s still time to file a claim before the window closes on Thanksgiving.

New Yorkers should be grateful this holiday for those “identifying individuals or institutions that still might be inflicting harm,” Hoylman-Sigal told Playbook.

“There hasn't been a single verifiable false claim being brought forward,” he added. “That says something about who seeks redress under these types of bills. This is not an issue that survivors take lightly.”

There is momentum behind a push to lengthen the act’s window – similar to what was done with the Child Victims Act, which was extended until 2021.

“We need time as humans to process what happens to us,” Erica Vladimer, co-founder of the Sexual Harassment Working Group, told Playbook. “Trauma takes time.” – Emily Ngo

IT’S WEDNESDAY. Happy Thanksgiving. Jeff’s favorite dish is stuffing, Nick likes cranberry sauce straight out of the can, and Emily fills up on charcuterie. Got news? Send it our way: Jeff Coltin, Emily Ngo and Nick Reisman.

WHERE’S KATHY? In Albany with no public schedule.

WHERE’S ERIC? Attending a flag-raising ceremony for Suriname, making a Thanksgiving Day Parade safety announcement with NYPD Commissioner Edward Caban and appearing live on Fox 5’s “The 6 O’Clock News.”

QUOTE OF THE DAY: “New York is in deep doo-doo right now. We need tourism, we need people to come to New York. Who doesn’t love pandas? Everybody loves pandas, they’re beautiful.” — Billionaire John Catsimatidis, who is reviving his push to bring giant pandas to a New York City zoo. (Gothamist)

 

A message from American Cancer Society Cancer Action Network:

New York’s doctors and nurses agree: Biomarker testing can lead to better care, better outcomes, and longer, healthier lives. But right now, many New Yorkers with cancer and other serious conditions are being denied access to these critical tests – especially New Yorkers of color and those in rural areas. Governor Hochul: Stand with patients and sign the biomarker bill without changes today. Learn more.

 
ABOVE THE FOLD

Governor Kathy Hochul signs the Clean Slate Act, which allows certain criminal records to be sealed years after an individual is sentenced or released from incarceration if that individual is not subsequently convicted of an additional criminal act, on Nov. 16, 2023.

Over 2 million criminal records will be sealed under the Clean Slate Act, which was signed by Gov. Kathy Hochul on Thursday. | Susan Watts/Office of Governor Kathy Hochul

IMPLEMENTING CLEAN SLATE: The top administrative judge in New York said he is ready to carry out the massive task of sealing more than 2 million criminal records under a law signed by Gov. Kathy Hochul.

But some prosecutors are concerned over the difficulty in implementing the law, known as the Clean Slate Act.

Albany County District Attorney David Soares, a Democrat who has been critical of recent criminal justice law changes in New York, expects a high bar is going to have to be set for Clean Slate’s enactment.

“I do not know how much more resources they’re going to require, but I have a feeling it’s going to be a very hefty sum,” he told Playbook in an interview. “The practical application all throughout the counties in the state of New York is also going to be a challenge, marking files, specifically closed files.”

Soares is also not a fan of how the new law will automatically seal records, and he pointed to measures that are already on the books that grant judges discretion.

“This will give a second, third, fourth chance for people who have been perpetually involved in the criminal justice system,” he said.

Chief Administrative Judge Joseph Zayas in a statement cheered Hochul’s approval of the law last week, which is meant to make it easier for people with criminal convictions to find housing or jobs.

“This legislation is fully consistent with the Judiciary’s ongoing efforts to facilitate the reintegration of individuals with conviction histories, and address the consequences of systemic injustices,” Zayas said.

He added the Office of Court Administration is looking forward to working with the governor and the Legislature toward a funding commitment and having the new law “successfully implemented on time.”

The Clean Slate Act itself will take effect in a year. But the Office of Court Administration will have three years to put a records-sealing process in place.

Criminal records for violent crimes like murder and sex offenses won’t be included, while law enforcement will still have access to all the files. – Nick Reisman

 

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WHAT CITY HALL IS READING

Mayor Eric Adams senior administration officials hold an in-person media availability at City Hall on November 21, 2023.

Mayor Eric Adams is looking to hire a fundraiser for his legal defense fund. | Michael Appleton/Mayoral Photography Office

WHO’S GONNA RAISE? Mayor Eric Adams’ former chief of staff Frank Carone won’t be leading fundraising for the mayor’s new legal defense fund — but he will be helping out.

“I will participate in donating money and asking family and friends to do the same,” Carone told Playbook on Tuesday, but he anticipated the mayor would also hire a professional for the job.

Adams said as much at his Tuesday press conference. He’s going to “hire a fundraiser to carry out that function,” adding that Vito Pitta, his compliance attorney and a registered city lobbyist who set up the fund, will not be leading the fundraising, either.

Asked later if he’d hire Brianna Suggs, his campaign fundraiser whose home was raided by the FBI, Adams only laughed and declined to answer. Pitta told Playbook the fund is waiting on proposals from fundraisers, but it won’t be Suggs.

City law limits donations to $5,000 and bars anybody doing business with the city — and their spouse and children — from giving. No anonymous donations, none of Adams’ subordinates and no companies either. But Adams claimed that “everyday New Yorkers reached out” offering to help, and he’s “overwhelmed with gratitude.”

Adams’ chief adviser Ingrid Lewis-Martin said she’s legally prohibited from raising funds in this case, but will offer spiritual support. “I believe in God,” she said — “we both do,” Adams interjected — “so I will help by praying and asking God to do his work.” – Jeff Coltin

ALSO AT OFF-TOPIC TUESDAY: The federal investigation hasn’t kept Adams from asking for federal money. Asked about his latest round of budget cuts, the mayor said “D.C. needs to do its job.”

More from the city:

Adams’ job approval was 37 percent to 54 percent among New York City adults, and the Marist Poll also showed New Yorkers have soured on Hochul. (POLITICO)

Former Gov. Andrew Cuomo is indicating to allies he may want to run for New York City mayor if fellow Democrat Eric Adams sinks under the weight of a federal investigation. (POLITICO)

A list of sites prioritized for FDNY inspections — that’s being investigated in a federal probe — included a Georgian restaurant in Hell’s Kitchen, a Hudson Yards office tower and a new Taco Bell in the Wakefield section of the Bronx. (Gothamist)

 

A message from American Cancer Society Cancer Action Network:

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WHAT ALBANY'S READING

Participants wearing a kippah during a "wear a kippah" gathering to protest against anti-Semitism in front of the Jewish Community House on April 25, 2018 in Berlin, Germany.

Gov. Kathy Hochul is expanding funding for security efforts to protect Jewish and Muslim communities from hate crimes. | Carsten Koall/Getty Images

COMBATING HATE CRIMES: Hochul announced a $3 million investment on Tuesday to combat a rise in hate speech against Muslim and Jewish communities. The funding will be used to expand the Division of Homeland Security and Emergency Services to all higher education institutions in the state. Additionally, resources will be provided to K-12 schools on navigating social media.

The money will be used by DHS to work with colleges to create Threat Assessment Teams that would assess risks and create management plans for individuals that appear to be on a pathway to violence. They would also flag concerning behaviors and create a mechanism for the campus community to report concerns.

According to the state, there’s been a 425 percent increase in online hate speech against Jewish communities and a 417 percent increase against Muslim communities in New York. A recent uptick in videos online praising Osama bin Laden also prompted Hochul to send a letter to social media companies calling for greater anti-hate measures.

“We’re deploying physical security resources, expanding our Threat Management and Assessment teams, calling for stronger action from social media companies and encouraging families and communities to come together to fight hate,” Hochul said in a statement. Katelyn Cordero

EXPANDING GAMBLING: An industry-backed poll found New York voters are open to expanding gambling to allow more wagers be placed online.

The poll, released by the Parkside Group and conducted on behalf of the Sports Betting Alliance, found 53 percent of voters support allowing adults to play the lottery online.

Expanding iGaming, which allows people to place more wagers over the Internet, is supported 51 percent to 40 percent. The survey comes as New York has rapidly expanded gambling over the last decade to include casinos with table games and online sports betting.

The poll also comes as the state is facing a $4.3 billion budget gap that has to be closed by the spring. The poll found that by a margin of 61 percent to 33 percent, voters supported closing the gap through gambling revenue and not raising taxes.

The telephone poll of 800 registered voters was conducted from Oct. 4 to Oct. 13 with a 3 percentage point margin of error. – Nick Reisman

More from Albany:

— Common Cause is conducting a study to better understand unaffiliated voters. (Spectrum News)

— State Sen. Julia Salazar fired an aide following anti-Israel posts on X. (Times Union)

 

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FROM THE DELEGATION

Housing and Urban Development Secretary Marcia Fudge  speaks at the annual Freedman's Bank Forum at the Department of the Treasury in Washington, Oct. 4, 2022.

Housing and Urban Development Secretary Marcia Fudge is set to be in New York next week celebrating the Biden administration’s work on affordable housing. | Manuel Balce Ceneta/AP

HUD SECRETARY TO NEW YORK: Housing and Urban Development Secretary Marcia Fudge next week will travel to New York to highlight the Biden administration’s affordable housing efforts.

Fudge will be with Democratic Rep. Yvette Clarke, and they will tour two housing developments in Brooklyn, including a faith-based facility. The trip is scheduled for next Tuesday and Wednesday. – Nick Reisman

More from the delegation:

— There could be a three-person field to fill Rep. Brian Higgins’ House seat. (Buffalo News)

— An extended discussion with Amy Rutkin, Rep. Jerry Nadler’s soon-to-retire chief of staff, who says who will succeed him is “not a discussion that happens in Nadler-Land.” (City & State)

Rep. AOC talks ceasefire, Adams’s budget cuts and the biggest crisis threatening NYC while handing out turkeys. (Hell Gate)

AROUND NEW YORK

This Schenectady man invented the bowling ball, 27 other patents, and, at 101, is now part of the New York Senate Veterans Hall of Fame. (Times Union)

A Native American tribe on Long Island was denied state recognition in a veto from Hochul, and the group is not happy with the decision. (Gothamist)

$560,000 worth of PPE went unused in a state-run home for veterans in Queens, according to a new report by the state inspector general. (Times Union)

SOCIAL DATA BY DANIEL LIPPMAN

Senate Majority Leader Chuck Schumer made his Broadway debut.

Senate Majority Leader Chuck Schumer made his Broadway debut in “Gutenberg! The Musical!” on Tuesday. | Provided by the Office of Sen. Chuck Schumer

CHUCK’S DEBUT: Senate Majority Leader Chuck Schumer made his Broadway debut last night – something he’s wanted to cross off his bucket list, Playbook is told.

He appeared in the hit show “Gutenberg! The Musical!” opposite stars Andrew Rannells and Josh Gad. In the musical’s final scene, Schumer played a famous producer who offers the duo a Broadway contract. No word yet if the Brooklyn native will get a recurring role alongside his congressional duties.

MEDIAWATCH — “Jeff Zucker Nears Major Deal to Re-enter the News Business: The veteran TV executive is poised to take control of two prominent British news outlets, The Daily Telegraph and The Spectator, and may expand them into America,” by NYT’s Michael Grynbaum

WELCOME TO THE WORLD – @DeadlineWH: “Nicolle Wallace is back! With some very special news to share…Welcome Baby Izzy!!!” Video

— Jenna Kastan, principal at Kastan Communications and a Paul Ryan and CBS News alum, and Jake Kastan, principal at Peterson Partners and a Paul Ryan and Mitt Romney alum, on Nov. 6 welcomed Lyla Gemma Kastan. Pic 

HAPPY BIRTHDAY: U.S. Ambassador to the U.N. Linda Thomas-GreenfieldDonny Deutsch … NBC’s Scott Wong … THE CITY NY’s Harry Siegel … former Rep. Anthony Brindisi (D-N.Y.) … CBS’s Matthew MoskCassie SpodakSamantha Jordan … Brunswick Group’s Robert ChristieTJ Cholnoky … TheSkimm’s Jessica Pepper Josh Goldstein

(WAS TUESDAY): New York City Council member Eric Dinowitz Alexander Freeman ... William Samers

Real Estate

Manhattan Borough President Mark Levine promised developers he would speed up the rezoning review process for a list of 171 sites. A new project put that pledge to the test. (Crain’s New York Business)

A quirky Woodstock compound owned by a local artist is on the market for $1.64 million. (New York Post)

 

A message from American Cancer Society Cancer Action Network:

Governor Hochul: It’s time to stand with patients and improve access to biomarker testing. New York’s doctors and nurses agree: biomarker testing can lead to better care, better outcomes, and longer, healthier lives. But right now, many New Yorkers with cancer and other serious conditions are being denied access to these critical tests – especially New Yorkers of color and those in rural areas. Both houses of the New York State Legislature passed bipartisan legislation that would ensure more New Yorkers can benefit from proven biomarker testing, but the bill is still sitting on Governor Hochul’s desk. These tests help identify targeted therapies, and can improve outcomes and quality of life. Every New Yorker who can benefit deserves access to these tests and the treatments they enable. Governor Hochul: Your signature is all that’s standing in the way. Put patients first and sign the biomarker bill without changes today. Learn more.

 
 

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