A Year of Progress: Building a Safer, More Affordable Suffolk County

A Year of Progress: Building a Safer, More Affordable Suffolk County

By Ed Romaine, Suffolk County Executive

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Suffolk County Executive Ed RomaineAfter 12 years as the Brookhaven Town Supervisor, in 2023 I decided to run for Suffolk County Executive to make our county safer and more affordable and to restore professionalism to every county department.

Good governance is about doing what’s right for taxpayers and employees, and that’s exactly what we’ve focused on since I have taken office.

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Fiscally, we are on the right road, and our efforts have been recognized. The county’s 2024 budgeting has earned Suffolk two bond ratings and three credit rating upgrades as of early December.

As promised, we’ve brought new leadership to the Suffolk County Police Department, hired 200 new officers, and added 50 new detectives to tackle crime across the county. New leadership has put the department on track for continued success, and my administration will provide what our law enforcement agencies need to protect our communities.

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The Department of Social Services was in crisis when I took office. Poor management, low staffing, and tragic incidents resulted in Suffolk County being among the worst-performing DSS operations in New York State. For example, Suffolk was last among counties processing SNAP applications, which provide people in need with food. Due to new leadership and a complete overhaul of DSS operations, Suffolk is now the best in New York State.

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New call center policies have reduced SNAP wait times by more than 95%, boosted employee morale, and decreased caseloads. While there is still work to be done, especially in filling the over 1,000 open positions, we’re making real progress.

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To address these vacancies, we launched the “Suffolk is Hiring” campaign, meeting job seekers where they are—on social media, at college campuses, and at job fairs. This proactive approach shifts from reactive to addressing problems before they become crises.

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When I took office, many county buildings were in terrible shape—leaky roofs, broken systems, and general neglect. These buildings belong to the taxpayers and house our dedicated workforce. We’ve made it a priority to bring these spaces up to standard, both for the employees and the public who rely on these services.

Here are just a few of the results our taxpayers are already seeing:

• 246 acres of land preserved—a significant increase from previous years, thanks to reforms in the Department of Economic Planning that streamlined the process.
• Sewer projects funded in Smithtown, Wyandanch, Wheatley Heights, Deer Park, the Forge River, and Southwest Sewer Districts. These projects are critical for protecting our environment and revitalizing downtown areas.
• $56 million invested in public safety equipment, ensuring our police and first responders are better equipped to keep our communities safe.
• Major improvements to county parks planned for 2025, offering enhanced recreational spaces for families.
• Micro transit zones to improve connectivity on the East End, making it easier for residents to access essential services and work opportunities.

None of this would be possible without the incredible team I have by my side. Together, we are committed to making Suffolk County safer, more affordable, and a place where every resident can thrive.

I look forward to continuing this important work next year and wish all of you a happy holiday season and a prosperous New Year.

Veteran's Day 2024 And My Dad

Veteran’s Day 2024 and My Dad

My dad was a member of America’s Greatest Generation.  His father was an immigrant who came to the US from Italy when he was 14 to work on the railroad in Pennsylvania so he could send money back to his family. My dad grew up in Corona, New York, playing basketball in high school and wanting to work outdoors as a carpenter.  But like many other young men of his age from all parts of our then great country, he would serve his country in our armed forces, fighting the fascism in Europe and North Africa, threatening the world, including the US, even though separated from the front by 3000+ miles of ocean.

His time in combat was short but not sweet.  He was a gunner on a tank assigned to Patton’s 3^rd Army. On  August 6, 1944, at the age of 21, in Laval, France, his tank was hit, and he suffered shrapnel wounds.  He required 12 major operations, leaving him with a fused hip, a permanent limp, and a leg ulcer that would never heal due to damage to his vascular system.

After discharge with his disabilities, he was forced to do clerical work rather than work as a carpenter.  He never complained about the pain or disability, which lasted until his death 57 years later.

Sad to say, he would not have been happy to be alive on this Veteran’s Day to see his country’s status.  Dad was an intelligent man who would recognize the parallels today in this country that brought the rise of Hitler and Mussolini.  He hated liars, bullies, and con men.  He would realize the hate groups mobilized here in recent times are the same as the brown shirts in Germany and black shirts in Italy.  In place of the Jews as the source of all evil, we have today’s immigrants to blame. We blame them for our drug problem (80% of drugs coming into our country are brought by US citizens), housing shortage (what bank would issue a mortgage to an illegal alien?),  crime (also primarily by citizens),  and the poisoning of our blood (interesting to say in a country of immigrants).  

But mostly, my dad would be horrified by re-electing a man who at least on three occasions egregiously violated the oath of office he took (‘preserve, protect and defend the Constitution of the United States”) in his first term.  He threatened to withhold funds allocated by Congress for Ukraine unless he provided dirt on the family of his rival.  He attempted to have election officials change the vote to remain in power.  Finally, inciting a mob to” stop the steal” (although he admitted to his family and close advisors that he lost) caused Congress to interrupt the peaceful transfer of power.  While he sat in his office eating and attempting by phone to get officials to change the vote for 3 hours, the mob attacked the capitol, injuring 140 police officers with flag poles, with some suffering traumatic brain injuries.  He did nothing to stop it.  What my dad would never have understood was that we would then re-elect that man who promised to attack his enemies and pardon the violent attackers of the capitol.

I miss my dad, but I’m happy he is resting in peace on this Veteran’s Day.

Thomas M Biancaniello MD

Smithtown

Proposition 2: Suffolk’s future is in your hands By Ed Romaine

Proposition 2: Suffolk’s future is in your hands 

By Ed Romaine 

Suffolk County Executive Ed RomaineOn Election Day, voters will be casting their votes for President, US Senate, Congress and state legislators. In Suffolk County, voters also have a once in a generation chance to safeguard the future of Suffolk County’s surface and groundwater in Proposition 2. 

The proposition allows Suffolk County to begin the arduous process of bringing our wastewater infrastructure into the 21^st Century. Whether it is sewering our downtowns or supporting our neighbors installing I/A systems to combat nitrogen pollution, the successful passage of Proposition 2 gives us the tools we need to succeed. 

Passage of Prop 2 establishes Suffolk’s eligibility for state and federal funding. Recouping as many tax dollars from New York State is important to operate Suffolk County. 

Proposition 2 also continues the highly successful Suffolk County Drinking Water Protection Program (SCDWPP). The SCDWPP is responsible for preserving thousands of acres of environmentally sensitive land, stabilizing sewer rates and supporting clean water efforts. 

We do not have to look far to see the need for improved wastewater infrastructure. Harmful algal blooms, brown tides, rust tides, mahogany tides and hypoxia fill our summer headlines and are the cause of many beach closures each season. 

We know, though, that through sewers, smart zoning and open space preservation the damage is reversible. The obstacles we face are steep, but they are not insurmountable.

Building sewage infrastructure creates jobs and helps our small businesses and downtowns to flourish. The advancement of our downtowns creates permanent jobs in our communities and expands housing stock options for young people looking to start off and older folks looking to downsize. Our legacy fishing industry and emerging aquaculture industry will be able to expand employment and production as the environment improves. 

It is not an understatement to say that passage of Proposition 2 is the most important measure voters have had on the ballot in generations, and its passage ensures our environment will grow stronger and protect the way of life that is a cornerstone of Suffolk County. This is not a political issue. It affects every present—and future—resident of Suffolk County and beyond. 

Remember to vote on November 5 or take advantage of early voting.  For more information on voting, please visit: https://suffolkcountyny.gov/Departments/BOE

Why I will not be voting for Nick LaLota

Why I will not be voting for Nick LaLota

Nick LaLota cannot vote for himself because he does not live in CD 1. LaLota suggested he would move to the district if he won in 2022. He won and did not move. Living outside the district you are elected to represent is legal, so other than misrepresenting his intention to move, it is not a crime but an untruth. Instead of owning up to the fib, LaLota seeks to tarnish John Avlon by accusing him of living in Manhattan despite his owning a home in Sag Harbor since 2017. Seems a little disingenuous to me.

In 2020, when LaLota was a commissioner at the Suffolk County Board of Elections, he was disqualified from running for a state senate position because of a conflict of interest: “A candidate cannot also serve as a commissioner in charge of counting the votes.” Newsday Aug. 2020. It seems that Commissioner LaLota would have been aware of this conflict. 

In 2024, the former Board of Elections commissioner wants to enact a new law requiring U.S. citizens, including those in CD 1, to provide identification before voting. This is despite there being no evidence of voter fraud in Suffolk County and no significant indication of illegal voting in the 2020 election. Currently, 34 states require identification, but 16 states choose not to. Lalota is pushing for federal law. Currently, all people provide identification when registering. This is a tip of the hat to states that routinely implement obstacles to prevent people from voting. 

LaLota on the Supreme Court decision overturning Roe v Wade: “ The recent Supreme Court decision to allow states and their voters, not an unelected federal court, to dictate abortion policy is a step in the right direction.  The next step is for the New York State Legislature to repeal the extreme provision which allows for third-trimester abortions.” Nowhere does his statement mention a woman, a doctor, or a failing pregnancy. Lalota wants states and voters to be the decision-makers for women. People have abortions for many reasons, but what kind of cynical mind would imagine that a parent who finds out their child is pregnant, a victim of rape, possibly incest, should be reliant on the government to decide the health care or a family facing life and death decisions should be burdened with government overreach?  

At a recent Three Village Chamber of Commerce Candidates forum, LaLota, addressing the border bill, stated, “It was not a border bill. It was terrible. It was a four hundred page bill three hundred had to do with Ukraine and some other overseas funding….” LaLota left out that some of that overseas funding was for Israel and humanitarian aid to Gaza. It was a bill painstakingly negotiated by Democrats and Republicans. Mitch McConnell, hardly a liberal, was involved. Funding for Israel and Ukraine was included in the bill because the Republicans demanded it be included. LaLota also stated that Krysten Sinema (I), one of the chief negotiators of the bill, walked away from the bill, which is misleading. Ms. Sinema was disgusted by the politicization on both sides of the aisle. In an interview with NPR, when asked about the bill, Senator Sinema responded “And to be clear, over the last four months, we have negotiated with(what) the Wall Street Journal now calls the strictest set of migration policies seen in decades. So we came out with a very robust, very major package on Sunday evening. And, you know, something happened between Sunday evening and today, when many of my Senate colleagues decided that they actually don’t want to secure the border. And, you know, that’s their choice, but it’s clear that folks changed their mind.” LaLota is disingenuous on this.

Perhaps it is time to change “To thine own self be true” to “To your constituents speak truth”. 

Remember to vote in the November 5, 2024 election. Your vote matters!

Pat

Taking A Closer Look At Propositions 1 And 2

Making Democracy Work:  Are You Ready to Vote?  Let’s take a closer look at Propositions 1 and 2

by Karen Anderson

     The General Election is almost here. New York State makes it convenient for all its citizens to vote and offers four options. You may choose to vote in person during early voting days, October 26 - November 3 (locations, dates times at https//my.lwv.org/news-york/suffolk-county) and on  Election Day, November 5, 6am - 9 pm. If you can’t get to a voting site, you can apply for an absentee ballot or an early mail ballot. Apply for either of these by October 26. They must be mailed and postmarked by November 5. These ballots can also be hand delivered by close of polls. To apply for an absentee ballot, you must provide a reason for the request. No reason is needed for an early mail ballot. Each polling place has a voting machine designed for use by people with disabilities. The NYS Board of Elections website, elections.ny.gov, is helpful with online voter registration, absentee and early mail ballot applications. It can tell you if you are registered, where your polling place is and the national, state and local districts you are in. 

     Our safe and secure elections (TBR September article) are also private and a personal choice. No one needs to see your ballot. Everyone should mark their own ballot in a private booth. A privacy sleeve can be used to cover your ballot and keep it secret until you slide it into the ballot counting machine. Your name is not on the ballot. There is no way to know who or what you voted for. If you are registered with a political party, people may assume you support that party and its candidates but you are free to cast your ballot anyway you choose. 

      This election our rights and health are on the ballot. Voters in Suffolk County will be asked to flip the ballot and vote on the propositions on the back. New York State Proposition 1, if passed, will amend our state constitution which currently only protects us from government discrimination based on race and religion. The amendment will add protection from discrimination to include age, sex, gender identity, disability, national origin, and pregnancy, closing loopholes in the state Constitution. 

     Since the Supreme Court overturned Roe vs. Wade, we have seen many legislatures pass laws outlawing abortion, criminalizing healthcare workers, and causing women to travel to other states for needed healthcare. Even life threatening complications have not been enough for some women to receive medical treatment. Doctors are afraid to treat their pregnant patients because they could be jailed and lose their licenses. Women are dying due to restrictive laws written by politicians who base the laws on religious, personal and political beliefs, not scientific or medical knowledge. Contraception drugs and IVF treatments have come under fire. Politicians want to deny women the right to choose how and when they should plan their families. 

     New Yorkers have reproductive rights now, but this can change with changing political winds. We should all have the freedom to control our own bodies. Amending the constitution will enshrine these rights and make it difficult to remove them. Proposition 1 will protect all New Yorkers from government discrimination and maintain abortion rights.

     Suffolk County Proposition 2 if approved will create a fund, financed by an 1/8 of a penny increase to the county sales tax (that’s 12 cents on $100), which will only be used to improve water quality in Suffolk County. Our water and way of life are at risk due to nitrogen pollution from untreated sewage. The Water Quality Restoration Act would expand sewers and provide tax-free grants to homeowners to replace old polluting septic systems with clean water technology. Clean water projects will create good jobs, increase property values, restore our bays and harbors and improve public health. 

     The League of Women Voters is advocating for these propositions and urges you to vote “Yes” on both.

Karen Anderson is a member of the leadership team of the League of Women Voters of  Smithtown a nonprofit, nonpartisan organization that encourages the informed and active participation of citizens in government and influences public policy through education and advocacy. For more information, visit https//my.lwv.org/news-york/suffolk-county.  Visit vote411.org for comprehensive election information (available 4 weeks before election day).

View the above article on the TimesBeaconRecord Media website at

https://tbrnewsmedia.com/making-democracy-work-are-you-ready-to-vote-lets-take-a-closer-look-at-proposition-1-and-2/

Op-Ed All The Hostages Must Be Released

All The Hostages Must Be Released 
BY John Avlon

We need to talk about Omer Neutra.

It has been one year since this son of Long Island was taken hostage by Hamas terrorists in the horrific attack one year ago, on October 7^th.

The world has witnessed the ever-widening cycle of violence ever since, and we mourn the death of every innocent civilian. But we cannot forget how this conflagration began and we cannot lose the sense of moral clarity that comes with confronting the tyranny of terrorism.

New Yorkers understand from hard experience that we must always stand with the victims of terrorism and not blame the victims of terrorism. As a former journalist and author of a book on extremism, I believe that there is a special responsibility among people who are not Jewish to stand up to antisemitism and stand up for the state of Israel’s right to exist.  

Nonetheless, over the past year, there has been an impulse to overlook the hostages in our culture instead of the sustained attention each and every one deserves. But this one hits closer to home.

Omer was born in the wake of 9/11. His mother Orna evacuated Manhattan by foot over the Queensborough bridge months before he was born. Like every child who arrived while Ground Zero was still smoldering, he was a symbol of enduring hope in a civil society where posters of missing persons dotted the cityscape for months.

He grew up in Plainview and excelled at school and sports. He was a happy child and a natural leader. His love of the Knicks in the 2010s helped strengthen his innate optimism and resilience.

After graduating from high school, he took a gap year in Israel, planning to attend Binghamton University. He decided to join the IDF as part of his commitment to public service. He responded to the massive terror attack that began with an assault on young people dancing at an open-air concert. It was an assault that targeted women with sexual violence and left dead children on the dusty ground. We cannot ignore or whitewash those atrocities that left more than 1,200 dead and over 250 individuals held hostage. Omer was among them.

We have seen miraculous rescue missions succeed in liberating hostages being held in Gaza. We have received the heartbreaking news that many more bodies have been recovered. Omer’s whereabouts are still unknown. His parents Ronan and Orna have been tireless in their advocacy for the son, speaking to Democrats and Republicans and President Biden. Their steadfast courage and love in the face of this nightmare should inspire and guide us all.

Soon after I began this campaign in the winter of 2024, I was asked at a debate whether I supported an immediate ceasefire. I immediately and instinctively said, “not unless all the hostages are released.” I still believe that is a necessary precondition for peace.

Throughout this tumultuous year, I have seen the fading away of the rightful focus on the hostages. I have marched with those local citizens who fight to keep their memory alive, walking with police escort because of the threat of further violence. We need to stop the hate here at home – condemning hate crimes against synagogues, temples, and mosques alike.

We need to work toward a just and lasting peace in the Middle East. We need a two-state solution with a demilitarized Palestinian state, the eradication of Hamas, and an extension of the Abraham Accords that recognizes Israel’s right to exists and rebuilds Gaza into something better than it was under Hamas. These are not easy goals and they will not be achieved from the extremes.

But it is our responsibility to see that Omer Neutra does not fade from memory. He is a son of New York, a child of Long Island. And he is not forgotten. Just the other day, at the Sweet Hollow Diner, in Melville, a woman came up to me and pleaded to keep the focus on the release or Omer, pointing down the street and saying with despair, “he grew up just a few blocks from here!”

We will keep our promise as a community. We will march and walk and talk together to commemorate this dark anniversary and we will not rest. Because there can be no just and lasting peace until all the hostages are released. 

John Avlon is the Democratic candidate for CD 1

Editorial: Trump's SAVE Act Is Dead Good Riddance

According to THE HILL, the SAVE Act has been dropped from Speaker Johnson’s stopgap funding proposal to fund the government beyond September 30th. 

The SAVE Act, supported by former President Donald Trump, and Congressman LaLota, is an attempt to force fourteen states (and Washington DC), including New York, to require voters to show ID before they may cast an in-person vote. Thirty-six states currently require an ID to vote. Proponents of the SAVE Act declared that this was a way to prevent ineligible people from voting.

The Brennan Center For Justice (BC), Cato Institute, and the League of Women Voters concur that illegal voting is almost nonexistent. According to BC, noncitizen votes accounted for just 0.0001 percent of those cast. The Libertarian Cato Institute has an article, “Noncitizens don’t illegally vote in detectable numbers.”  The League of Women Voters has a blog page, “What’s So Bad About Voter ID Laws,” discussing the history of  disenfranchising voters.  All three organizations highlight that illegal voting is infrequent and the remedy, a voter ID requirement, has significant negative impacts. 

According to the LWV, “Not only are voter photo ID laws ineffective as means of combating voter fraud, but their main impact is that they promote voter suppression.” And, “The negative impact of strict voter ID laws is not limited to Black Americans; other marginalized populations also face disproportionate barriers to voting because of these laws. Native American communities, low-income, elderly, and rural voters are disproportionately affected by voter photo ID laws.”

On July 8th, Congressman LaLota posted on his FB page, “The SAVE Act, authored by Congressman Chip Roy, helps make it easier to vote and harder to cheat in our elections by requiring Voter ID and citizenship for our elections. The bill has my full support.”

Congressman LaLota, a former commissioner at the Suffolk County Board of Elections, never alluded to any problems with the integrity of our voting system during his tenure. Surely, if he had been aware of the issues, he would have intervened or advocated for improvements. 

Before changing the way we vote we need to consider the ramifications for the older adult or anyone who forgets their ID in the car or at home. Will they be willing to leave the polls and return to vote? What about the college student who resides outside the district? Will they be required to have a unique ID? Can you imagine the beleaguered poll worker who challenges a voter in Smithtown or challenges the validity of a license that had been washed with the laundry?

Everyone is required to present an ID when they register to vote, the system works. The proposal for national voter ID legislation seems to solve a nonexistent problem. 

No one wants illegal voting and it seems that this is something the governnment has gotten right because every legitimate study shows that illegal voting is negligible. Congressman LaLota must explain to his constituents why he believes we need to change our system. This is a good example of legislative overeach.

Pat

President Biden Be Like George Washington

President George WashingtonPresident Joe BidenThe following was taken from Mountvernon.org Read more about President George Washington’s decision not to run for a third term. President Washington was 64 years old at the end of his second term.

Words from America’s first president:

“…every day the increasing weight of years admonishes me more and more that the shade of retirement is as necessary to me as it will be welcome.” President George Washington

On September 16, 1796, about ten weeks before the presidential electors were to cast their votes in the 1796 election, Tobias Lear made a surprise visit to David Claypoole, a newspaper publisher in Philadelphia. Lear informed Claypoole that Washington wanted to see him, and the two men traveled straight to the executive mansion.

It was there, alone with Washington, that Claypoole learned that Washington planned to leave the presidency—and he wanted to publish his address in Claypoole’s American Daily Advertiser in three days’ time.

Washington never labeled it a “farewell address.” It was, instead, published under the heading “To the PEOPLE of the UNITED STATES.” As Washington biographer Ron Chernow describes it, “While Washington could have informed Congress of his resignation, he went instead to the source of all sovereignty, the people, just as the Constitutional Convention had bypassed state legislatures and asked the people to approve the document directly through ratifying conventions.”

A warning from President Washington: Beware of Political Parties

“…they are likely, in the course of time and things, to become potent engines by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government…”

A reminder from President Washington : Remain United

“The name of American, which belongs to you, in your national capacity, must always exalt the just pride of patriotism more than any appellation derived from local discriminations.”

Cato Instiute: “Give the last word to Washington’s great adversary, King George III. The king asked his American painter, Benjamin West, what Washington would do after winning independence. West replied, “They say he will return to his farm.” “If he does that,” the incredulous monarch said, “he will be the greatest man in the world.” Cato Institute

Pat

We Are The Gun Violence That Surrounds Us

Some Americans subscribe to the thinking that if we hear something repeated often enough, it must be true; therefore, it is true, but that is not reality. To move on and to love our country (I do) is to grasp the truth of what our government is and to understand its imperfections, fight overreach, demand answers, and make our way in it. It is not easy and requires Americans to both think and act.

Yesterday, according to news reports, a 20-year-old male (man? boy?) was killed after a failed attempt at assassinating former President and current Republican candidate for President of the United States, Donald Trump. Trump was injured, one spectator killed, and another wounded. Immediately, cries came from all sides of the political world, saying that this is not who we (Americans) are and that we are better than this.

The reality is different from politicians’ cries. This is precisely who we are and what we have been for some time. There is a preponderance of evidence to support this statement. Presidential candidate Robert F. Kennedy was shot and killed in 1968, George C. Wallace was paralyzed in a 1972 shooting, and in 1912, former president Theodore Roosevelt was uninjured when an attempted assassination failed due to folded papers and a metal case in his pocket. Nine U.S. presidents have been victims of assassination attempts; three died immediately, and one, James Garfield, died a month after the incident. (PBS.org)

It’s not only candidates. On August 24, 2020, Kyle Rittenhouse (17), armed with an AR-15 style rifle, drove approximately 22 miles from Antioch, Wisconsin, to Kenosha, where he shot three unarmed men at a protest. Two of the men died, and one, a paramedic, sustained severe injuries. Kyle Rittenhouse was acquitted of all charges. He went to the protest on a mission to protect property. He shot three unarmed men because he was afraid. A jury acquitted Kyle Rittenhouse.

On January 13, 2014, 43-year-old Chad Oulson, at a movie theater in Florida, was shot and killed by 71-year-old Curtis Reeves after words were exchanged and Oulson threw popcorn in Reeves’s face. According to surveillance footage, Oulson threw the popcorn at Reeve’s face, and then Reeves, a former Police SWAT Captain, took out a .380 semi-automatic handgun and shot and killed Oulson. (abcnews.go.com) A jury acquitted Reeves on February 25, 2022. Reeves’s defense was he was afraid. (There are too many documented cases to list)

On December 8, 2023, the U.S. Supreme Court struck down NYS’s strict gun-permitting process for gun carry that included applicants for a gun permit showing a need to prove that the applicant had a particular need to defend themselves, stating the Constitution’s second amendment was being infringed upon. (scotusblog.com)

The good old days weren’t what many people would like to believe. We are, as has been exposed time and again, a nation composed of people who shoot first and think later. Many of the shooters claim they were afraid for their lives. Why are we so fearful? Donald Trump was surrounded by law enforcement, and yet he was shot, as were people in the crowd before the killer was shot and killed. 

Americans must look hard at themselves and who they elect to office. Candidates are not omnipotent and all-knowing. Thinking America is great and then supporting people running for office who we know are severely flawed robs us of our dignity, destroys the cherished privilege of the election process, and destroys the opportunity to make America all it can be.

Pat 

Op-Ed Close The Drugged Driving Loopholes

NEW YORK MUST CLOSE THE DRUGGED DRIVING LOOPHOLES

By District Attorney Raymond A. Tierney and Dr. Jeffrey L. Reynolds

New York’s roads are deadlier than ever. With the legalization of personal use quantities of marijuana and New York’s antiquated impaired driving laws, which have not kept up with new synthetic designer drugs, the problem is getting worse by the day. The Drugged Driving Loopholes in our laws enable dangerous drivers to escape responsibility far too often while endangering innocent people simply trying to drive on our roads or walk on our sidewalks in safety.

The Drugged Driving Loopholes exist because New York is one of only four states that still uses an archaic list to allow for arrest and prosecution of drugged driving. In New York, to prosecute a drugged driver, it is not enough that the drug has impaired the driver. The substance must be listed in the Public Health Law passed by the legislature and signed by the Governor, before a dangerous, obviously impaired driver can be arrested. Right now, a driver can be as “high as a kite,” but if they are high on a drug, or other substance that is not listed, they go free. For instance, drugs such as Xylazine (“Tranq”), analogues of Fentanyl, and Nitazene (“ISO”) are not on New York’s list.

With modern chemistry, our lawmakers cannot keep up with new designer synthetic drugs coming out regularly. The constant influx of new impairing substances has turned the drug list into a barrier against stopping dangerously-impaired drivers. It is at the root of the National Transportation Safety Board’s recommendation to New York and three other states to abandon the limitation of an ineffective drug list that will never be able to keep up.

Additionally, even drivers high on a drug that is on New York’s list can avoid responsibility by simply refusing to take an identifying test because it prevents the drug from being named. Twenty percent of drivers in New York evaluated by police Drug Recognition Experts in 2021 refused to take a chemical test, up from thirteen percent in 2019. We are not protected when drugged drivers can escape arrest simply by refusing a test.2

The type of alcohol ingested by a driver does not have to be named for someone to be charged with Driving While Intoxicated and if impairment is observed, no test is needed to establish a Blood Alcohol Level or whether it was whiskey, vodka or wine, that has caused a driver to be impaired. The same should be true for drugs.

Just like with alcohol impairment, driver appearance, behavior and common sense ought to apply to drug-impaired drivers too. Blood alcohol tests are valuable evidence in DWI cases, but if drivers refuse the test for alcohol, they can still be prosecuted and lose their licenses based on the other impairment factors.

This is a public safety and public health emergency. If we have learned anything during the current opioid crisis, it is that public safety is enhanced when law enforcement and addiction treatment providers work together. Laws that hold people accountable for their actions, paired with evidence-based substance use prevention messages and readily accessible drug and alcohol treatment for those who need it, will save lives.

It is time to plug the loopholes. New York’s outdated approach to impaired driving handcuffs law enforcement, leaves those struggling with a drug problem untreated and puts innocent people at risk. A commonsense bipartisan bill (S3135/A174), backed by both law enforcement and addiction treatment providers, has been introduced in Albany this session to plug these Drugged Driving Loopholes. We need to be responsible and keep everyone safe. It is time to reverse the increase in highway deaths and save lives by passing the Deadly Driving Bill.

Raymond A. Tierney is the Suffolk County District Attorney and Dr. Jeffrey L. Reynolds is the President/CEO of Family and Children’s Association (FCA). Both are members of the Coalition to Protect New Yorkers from Drugged Driving.