New York City Mayor Eric Adams announced the city is filing a lawsuit against 30 other New York counties over executive orders that aim to prevent New York City from sending asylum-seekers to their counties. Included in the lawsuit are Chautauqua, Niagara, Orleans and Genesee Counties.
Earlier this week, a federal court ruling suspended emergency orders from two county executives barring the transportation and housing of asylum-seekers in hotels and other lodging outside of New York City.
District Court Judge Nelson S. Roman stated that the emergency orders issued in Rockland and Orange counties were fundamentally discriminatory and violated the federal civil and constitutional rights of migrants and asylum-seekers. ‘
The judge’s order only grants a preliminary injunction allowing asylum-seekers to be housed in Rockland and Orange counties. While Roman’s ruling does not technically interfere with other county emergency orders or temporary restraining orders granted in state courts, the federal decision does appear to highlight major legal hurdles that county leaders would have to overcome if they intend to defend their issued states of emergency and fight future legal challenges.
At least 30 counties in the state have issued emergency declarations and executive orders barring sheltering migrants; four counties, including Rockland, Orange, Dutchess and Onondaga counties, have filed lawsuits against the city; and towns have filed suits against hotels.
Named as defedants in the suit are:
- Rockland County and Executive Ed Day
- Orange County and Executive Steve Neuhaus
- Dutchess County and Executive William O’Neil
- Onondaga County and Executive Ryan McMahon
- Broome County and Executive Jason Garnar
- Cayuga County and Legislature Chairman David Gould
- Chautauqua County and Executive Paul Wendel Jr.
- Cheming County and Executive Chris Moss
- Cortland County and Legislaure Chair Kevin Fitch
- Delaware County and Board of Supervisors Chair Tina Mole
- Fulton County and Board of Supervisors Chair Scott Horton
- Genesee County and Manager L. Matthew Landers
- Greene County and Legislature Chair Patrick Linger
- Herkimer County and Legislature Chair Vincent Bono
- Madison County and Board of Supervisors Chair John Becker
- Niagara County and Legislature Chair Rebecca Wydysh
- Oneida County and Executive Anthony Picente
- Orleans County and Legislature Chair Lynne Johnson
- Oswego County and Legislature Chairman James Weatherup
- Otsego County and board Chairman David Bliss
- Putnam County and Executive Kevin Byrne
- Rensselaer County and Executive Steve McLaughlin
- Town of Riverhead and Supervisor Yvette Aguiar
- Saratoga County and Board of Supervisors Chair Ted Kusnierz
- Schoharie County and Board of Supervisors Chair William Federice
- Schuyler County and Legislature Chair Carl Blowers
- Suffolk County and Executive Steve Bellone
- Sullivan County and Manager Joshua Potosek
- Tioga County and Legislature Chair Martha Sauerbrey
- Warren County Board of Supervisors Chair Kevin Geraghty
- Wyoming County and Board of Supervisors Chair Rebecca Ryan
Erie County Executive Mark Poloncarz refused to sign a declaration despite pressure from Erie County Republicans to do so.
“The court confirmed what I already knew was the case: the emergency orders were illegal under federal equal protection and civil rights laws,” said Erie County Executive Mark Poloncarz.
“Our laws are very clear, and no one, including a government, can discriminate against another when it comes to public accommodations, no matter the reason given.”
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