On Monday (June 30), the New York State Supreme Court judge ruled that Mayor Eric Adams does not have the authority to block an injunction on solitary confinement in the Rikers Island prison.
Judge Jeffrey Pearlman of the New York State Supreme Court ruled that Mayor Adams’ use of declaring a state of emergency in an attempt to block a local law restricting the use of solitary confinement at Rikers Island prison was a violation of due process.
The judge stated that even though the City Council had amended legislation regarding solitary confinement and incorporated input from the City Hall and Department of Correction, Mayor Adams still declared a state of emergency, bypassing the City Council.
“The City Council overriding the mayor’s veto is not an emergency; it is a democratic process explicitly provided for in the New York City Charter,” Judge Pearlman wrote in the ruling. “His (Adams’) declaration of a state of emergency and issuance of an emergency order violate this process.”
The so-called “solitary confinement injunction” has seen twists and turns. In December 2023, the City Council passed an injunction (Bill No. 42) initiated by Public Advocate Jumaane Williams, prohibiting the use of solitary confinement (commonly known as “solitary” or “the bing”) in city jails and providing due process protections for the Department of Correction’s (DOC) detainees before being placed in restrictive housing units or subjected to continued restraint measures; the bill placed restrictions on the DOC’s use of solitary confinement and required regular reporting on its use.
In January 2024, Mayor Adams vetoed the bill; subsequently, the City Council voted to overturn the mayor’s veto. In July of the same year, Adams issued an executive order to block the enforcement of this injunction. He expressed concerns that without punitive isolation or restrictive housing laws to protect female prison officers, who make up 40% of the workforce, they might be at risk of harm.
Now, the judge has overturned the mayor’s emergency executive order and directed Adams to rescind the state of emergency declaration and the administrative order preventing the law from taking effect. The judge also prohibited Adams from issuing new orders to prevent the law from taking effect but suggested that the mayor express his concerns to the judge appointing the federal monitor.
The City Council welcomed the ruling.
“Today’s decision is a victory for our local democracy, human rights, and public safety,” said Council Speaker Adrinne Adams in a statement. “Adams attempting to issue an emergency executive order to circumvent local attorneys banning solitary confinement was illegal and an abuse of power.”
The mayor’s office did not immediately respond to media requests for comment.