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FIRST READ
Gov. Andrew Cuomo announced state employees need to get vaccinated by Sept. 6 or face weekly COVID-19 tests.
NEW VACCINE MANDATES
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At both the New York City and state levels, municipal workers will have to get vaccinated, or else get weekly COVID-19 tests. Mayor Bill de Blasio made his announcement first with a start date of Sept. 13 – those unvaccinated by then will be subject to the testing requirement. Unvaccinated workers will also be required to wear a mask. Those who don’t won’t be allowed to work and won’t get paid. The new mandate comes about a week after de Blasio imposed a similar requirement for all public hospital and health workers to get the shot by Aug. 2 or face testing. Soon after de Blasio, Gov. Andrew Cuomo announced that all state employees need to be vaccinated by Labor Day or submit to weekly testing. For any
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UPPING THE INCENTIVES
MOVING PAGE 5 With vaccination rates lagging and cases rising, Mayor de Blasio on Wednesday said the city would give $100 to anyone who gets a COVID shot at a city facility. THE NEEDLE Blaz: City will give you $100 to get vaccine STATE PROBES CON ED’S FIREBALL IN QUEENS PAGE 2 New York City Mayor Bill de Blasio announced some good news for any unvaccinated New Yorkers last week: Anyone who now gets a COVID-19 vaccine at a city site will receive $100 for doing their part to slow the spread of the delta variant. Even more good news: de Blasio’s face won’t actually be on the bill, as the Daily News depicted on its Thursday cover.
– New York City Democratic mayoral nominee Eric Adams, via the New York Post
– Rep. Nydia Velázquez, on Adams’ comments, via The New York Times public-facing state health workers, there won’t be a testing option. They must get the shot or else they won’t be allowed to work. Neither de Blasio nor Cuomo has issued new mandates yet regarding indoor masking in public spaces in light of new federal recommendations in response to the spread of the delta coronavirus variant. However, de Blasio is expected to make an announcement on Monday.
A MAYORLESS BUFFALO?
A Buffalo Common Council member is suggesting that the city abolish the role of mayor and replace it with a city manager position chosen by the Common Council with input from the community. The Council will release a report on the prospect in a few months. Council Member Rasheed Wyatt, who proposed the idea, has been a frequent critic of Mayor Byron Brown, but said it was not an indictment of Brown. Instead, Wyatt said that the current system has not helped poor neighborhoods in the city, which he said have been divested from over the past several decades. However, a decision to eliminate the role of mayor would have a greater impact on India Walton, the democratic socialist who beat Brown in the Democratic primary and is expected to win the general election in November. It would also have to go to residents
for a vote, something that can’t happen this year, so Brown may be long gone by the time this idea could take effect.
INFRASTRUCTURE FUNDS COMING TO NEW YORK
The U.S. Senate finally reached a bipartisan deal to pass a $1.2 trillion infrastructure deal after weeks of negotiations. And New York is set to get a big chunk of cash. The MTA will get at least $10.7 billion from the package, which will be used for a number of major ongoing projects including the Gateway Project and the Second Avenue subway extension. The state’s airports are also in line to get $937 million in total.
NEW MTA LEADERSHIP
After the state Senate failed to pass legislation splitting the roles of the Metropolitan Transportation Authority chair and CEO, Cuomo appointed the agency’s construction chief Janno Lieber as the acting head. Cuomo wanted to appoint Lieber to the role of CEO without state confirmation under his proposed new leadership structure, but time ran out before former MTA head Pat Foye left on July 30. Interim New York City Transit President Sarah Feinberg also stepped down from her role, citing a desire to spend more time with her young daughter. Cuomo had wanted Feinberg to serve as chair of the MTA – subject to state Senate approval – as part of his plan for the agency’s management structure. Although Feinberg is leaving, she said she would return if the Legislature ends up approving the bill and she gets nominated as chair.
What happened to all the pandemic dining rules?
Today, nearly a year and a half since New York City shut down dining for the first time, delivery sales have skyrocketed and the streets are lined with elaborate outdoor dining structures. Although restaurants were able to return to 100% indoor capacity in late May, more than 1,000 restaurants in New York City have permanently closed their doors since March 2020, and it will likely take years to assess the full extent of the damage to the industry. With all of the change that occurred in the restaurant industry since then, City & State looked into the status of the dining measures that were introduced during the pandemic. At the beginning of the pandemic, third-party delivery services like Grubhub and UberEats charged fees to restaurants as high as 33%, which translated into a net Start hiring now on loss for some restaurants. To address this, the City Council passed a temporary cap that prevented third-parNew York’s highest-quality job site! ty delivery services from charging restaurants more than 15% per delivery order and 5% for marketing and nondelivery fees. The cap is set to expire on Aug. 17, but the City Council is considering legis-
City & State Jobs helps hundreds of job seekers lation that would extend it. Outdoor dining allowed and employers find the right fit every day. under the emergency Open
Restaurants Program will continue for at least another year due to an extension signed by Gov. Andrew Cuomo. “By extending the much-needed lifeline that allowed restaurants to use outdoor public spaces for seating during the pandemic, New York is ensuring that these small businesses will be able to continue to use these spaces as they work to rebuild and support the revitalization of the Empire State,” Cuomo said in a statement. New York City Hospitality Alliance Executive Director Andrew Rigie said outdoor dining helped save countless restaurants throughout the city and was responsible for hiring back about 100,000 workers. To-go cocktails, another popular pandemic-era dining measure, are no more and haven’t been for a little over a month now after Cuomo lifted the state of emergency on June 23. The measure, which allowed bars, restaurants and drink manufacturers to sell and deliver to-go alcohol, was so popular in the restaurant industry and with many members of the public that several New York lawmakers proposed bills during this year’s legislative session to extend Gov. Andrew Cuomo appointed Janno Lieber to head the MTA as chair and CEO, a role the governor hoped to split into two. to-go cocktails for one to two years. – Sahalie Donaldson
THE WEEK AHEAD
MONDAY 8/2
Health workers employed by New York City had until this day to either get a COVID-19 vaccine or provide weekly proof of a negative test. INSIDE DOPE
That requirement will extend to all city employees on Sept. 13 – the first day of public school. THURSDAY 8/5
The state Senate Elections Committee holds a noon hearing at the Monroe County Legislature about the 2021 primaries in Rochester and Western New York. THURSDAY 8/5
The state Independent Redistricting Commission hosts its latest virtual public hearing, soliciting feedback on the North County and the Mohawk Valley, at 2 p.m.
WOULD-BE MAYORAL BOOK CLUB
KEEP AN EYE ON THE MEDIUM-SELLER LIST FOR THESE FORTHCOMING TITLES.
BY CAITLIN DORMAN
ANDREW YANG is coming out with a new book in October, titled “Forward: Notes on the Future of Our Democracy”. You might be wondering – why should I listen to the guy who came in fourth in the NYC Democratic mayoral primary? We, on the other hand, are wondering how we can secure book deals for the candidates that came in second, third, fifth, sixth, seventh and eighth. In light of that, here are some working titles for the other once-upon-a-time top contenders.
A Q&A with Downtown Alliance President
JESSICA LAPPIN
What work does the Downtown Alliance have moving forward? As much progress as we made at the World Trade Center site, we’re not done. Tower Two and Tower Five still have to be built. We’re very much looking forward to working with the community on both of those critical projects and seeing the performing arts center open its doors. We have to really over the next couple of years continue to nurture our small businesses. If they’ve made it through this pandemic, gosh, we really want them to make it through the long haul. That’s going to be critical. And that will be helped by having office workers back in the buildings. So maybe this is a place where people want to come to work, whether it’s through performances or art, clean streets, public projects, things that make people say, “I want to go to the office today, and there’s a reason I’m in this neighborhood and contributing to our vibrancy.”
What are the top policy concerns the Downtown Alliance wants the next mayoral administration to tackle in a postpandemic New York? I think it became pretty clear this last mayoral campaign that public safety is clearly on everybody’s minds. We’ve seen an uptick and there are lots of reasons why we might be seeing an uptick in crime. That is clearly a very important priority, priority No. 1 for the next mayor. Related to that of course are the issues of homelessness, of quality of life, of garbage pickup. You want your city to be safe and you want it to be clean. I think there’s both a perception and a reality in certain places that we’ve fallen behind on those counts. So, I think those are the policy priorities that were made pretty clear throughout the campaign. The other thing I would say is, I’m really excited for a cheerleader, for somebody who loves the job and loves the city and loves every neighborhood in this city, because that kind of leadership and that kind of optimism is really important.
What other improvements to lower Manhattan are you looking forward to next? So the city’s finally, after 10 years, starting work on Water Street. We know that good things take time. We’re looking forward to that. We have long advocated for redesigning the area around the New York Stock Exchange. We have a plan that’s up on our website that began with a steering committee a number of years ago that we think would enhance the pedestrian experience around one of the most visited corners of the city. So, we would love to work with the mayor on that and clearly resiliency and figuring out how we’re going to finish hardening our shore in lower Manhattan, which is of critical importance to us downtown. – Ralph R. Ortega
CELESTE SLOMAN; RON ADAR/SHUTTERSTOCK; BEYOND MY KEN/FLICKR; MULTIHOG; PETE THOMPSON
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Pot Initiative
The state can’t get off its couch to develop pot regulations. So Native American tribes are taking the lead.
By Rebecca C. Lewis
AFTER THE STATE legalized recreational marijuana in March, the lawmakers and advocates who pushed for the law have been criticizing Gov. Andrew Cuomo for dragging his feet on setting up marijuana sales and cultivation regulations. While most of the state still needs to wait a year or more before sales can begin, some Native American tribes are already moving ahead with legal pot in their territories.
Marijuana law, as it relates to sovereign Native American tribes, can be tricky because there aren’t set regulations. “Short answer, it’s complicated,” said Heather Trela, a fellow and the director of operations at the Rockefeller Institute of Government. But the most simple way to understand it is that sovereign tribes are free to legalize – or ban – marijuana within their territories, including its cultivation and sale, independent of the state. Still, it becomes much easier for tribes looking to enter the pot market to take action after surrounding states legalize the drug to avoid jurisdictional issues over drug-related crimes with the federal government.
At the forefront of those efforts in New York is the St. Regis Mohawk Tribe, whose territory is at the northern edge of the state along the Canadian border. On June 28, it became the first tribe in the state to legalize recreational marijuana. But the tribe had been working on regulations since December 2019 following a tribal referendum on the matter. When the state approved its marijuana legislation, the St. Regis Mohawk Tribe was ready to act. And it’s on pace to begin sales well before the state.
In a unique setup, the St. Regis Mohawk Tribe has established an entire regulatory structure within its jurisdiction and will award licenses to tribal members and tribal businesses. This is different from the route many other tribes have taken, which often set up tribally owned and operated marijuana businesses. In an email, Brendan White, the tribe’s director of communications, wrote, “The adoption of the Tribe’s Adult Use Cannabis Ordinance is historic, as it represents the first adult use cannabis law adopted by a tribe in New York state and is the first in the country that licenses tribal members and tribal member-owned businesses.”
The recently passed ordinance created the Tribal Cannabis Exchange to issue licenses and collect fees, and it includes a compliance office overseen by the Tribal Cannabis Board. It has already begun receiving license applications, and while the tribe has not provided a specific timetable, marijuana sales are expected to begin in the territory before the end of the year. And the new businesses could have big monetary implications for the tribe. “It provides an opportunity to diversify our local economy, provide needed employment and remit licensing fees to financially support the ongoing provision of essential community programs and services,” White said.
Not far behind is the Shinnecock Indian Nation on Long Island, which has broken ground on a medical marijuana cultivation facility and is building a dispensary and wellness center, with expectations that sales could start before the end of the year. Like with recreational marijuana, they are planning to own and operate a medical marijuana business outside of the state’s regulations within their territory. But now that the state has legalized recreational pot, tribal leaders have said they’re looking to establish regulations for that as well, if members agree to a framework. The managing director of the Shinnecock Indian Nation’s marijuana business, Little Beach Harvest, declined to comment for this story, citing internal work happening right now.
While sales can only take place on tribal land, it can still have an impact on neighboring communities. Local governments in the region abandoned the idea of opting out of recreational sales since pot would be in the region anyway if the Shinnecock Nation moved forward with its own legalization. And given the slow pace at which the state is moving to set up its regulato-
ry structure, the St. Regis Mohawk Tribe and/or the Shinnecock Nation could be selling recreational pot for months or even longer without competition from state-regulated retail shops.
Tribes, by setting their own tax rates, could also sell marijuana for cheaper than state-regulated shops that may operate nearby. It’s one of the incentives for states to enter into compacts with tribes, which generally result in similar tax structures and would allow tribes to operate outside of their territory, according to Trela. Those compacts, while not necessary, also help with jurisdictional issues at both the state and federal level. Many Indigenous casinos in New York operate under such compacts with the state, and tribes in other states have often reached a compact with state leaders when entering the pot business. The largest dispensary in Nevada is the result of a compact between the Las Vegas Paiute Tribe and the state government, and it has been a major boon for the tribe.
Entering compacts is not always without controversy though. In California, tribes and the state government have been at odds over marijuana regulation. In order for tribes to enter the state market outside of their territories, California officials demanded that they give up their tribal sovereignty and submit to state regulations on their own land, something the tribes refused to do. The issue arose because Proposition 64, which legalized recreational pot in the state, said nothing about how the state would interact with tribes.
The law in New York legalizing recreational marijuana didn’t say much about marijuana on Indegenous lands. It did, however, give the Cannabis Control Board, which will oversee the industry and its regulations, the authority to “enter into tribal-state compacts with the New York state Indian nations and tribes … authorizing such Indian nations or tribes to acquire, possess, manufacture, sell, deliver, transport, distribute or dispense adultuse cannabis and/or medical cannabis.” But with the Cannabis Control Board still not set up, it will likely take some time before such compacts are established. When asked whether the St. Regis Mohawk Tribe is interested in entering a compact with the state, White said such a decision “would need to be presented to tribal membership for approval.”
But not all tribes are getting in the action. The Onondaga Nation near Syracuse is reportedly not planning to authorize pot businesses in its territory. And Western New York’s Seneca Nation of Indians has not publicly announced any plans, despite two years ago saying it was eagerly awaiting the state to legalize pot, “like a snake ready to strike.”
In the meantime, both the St. Regis Mohawk Tribe and the Shinnecock Nation are moving ahead to get what could become an important industry up and running, even while the state is still figuring out its own business. They’ll likely attract shoppers from around their regions eager to purchase marijuana that’s now legal to possess. The success of their businesses may set an example for not just other tribes that are perhaps hesitant to enter the market, but for the state as well. ■
