RACHEL MAY … 1

A Q&A with with de Blasio counsel

KAPIL LONGANI

How did your job change after COVID-19 hit New York City last year? Frankly, there is no law school class called “Pandemic Response 101.” The scope of our work fundamentally shifted. We’ve been working on COVID from March of last year until this very moment, 24/7. And the goal every single minute has been to protect the public health of all New Yorkers. It was about finding solutions to problems that nobody ever envisioned. Creativity was at a premium. How do you legally set up the largest testing and tracing operation in the entire country? How do you legally set up checkpoints to ensure that travelers coming into New York City have filled out all the relevant forms and met quarantine restrictions? How do you set up legal vaccine distribution hubs? How do you govern?

One of the biggest shifts that took place (was) how, all of a sudden, government went from three branches and a system of checks and balances to really a one branch (of) government run by executive order, both at the state and the city level. My office was responsible for drafting every single executive order for the city. My office’s job was to make sure that we did everything possible under the law to protect the public health of New Yorkers, but also respect the fact that the Constitution doesn’t die during a crisis.

The best executive order I’m going to write is the one which lifts all the restrictions that remain.

Sometimes those executive orders triggered lawsuits, right? We defended those lawsuits vigorously. Not because it gave us or the mayor any joy imposing the restrictions, but because it was about protecting the public. We in America have an extraordinary freedom and the Constitution they say doesn’t die – but the Constitution is also flexible. It recognizes that there are times that the public good necessitates restrictions on our freedoms. But those questions are complex and necessitate a great deal of thought.

What work lies ahead for your office? Look, there is a light at the end of the tunnel. A lot more people are taking advantage of the vaccines. I’ll just say that the best executive order I’m ever going to write and that the mayor’s going to sign is the one which lifts all the restrictions that remain. And no one wants to get there quicker than the mayor.

Is that going to happen before the end of the mayor’s final term later this year? I think trying to predict this virus and trying to put down hard deadlines is really not wise. I think over and over how we’ve been shown that this virus is a tough enemy, even though the numbers are going down and our businesses are opening up. The mayor has put out a robust recovery plan and we’re not going to let our guard down. – Ralph R. Ortega

An advocacy campaign including City & State First Read provides a targeted way to reach decision makers in New York government and politics. Campaigns Include:

ADVOCACY MESSAGING OPEN-HOUSE PROMOTIONS NEW HIRE ANNOUNCEMENTS

Contact us at advertising@cityandstateny.com for advertising and sponsorship opportunities.