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By Erik Engquist
As printed in the Courier Life Newspapers
December 30, 2002

GENTILE DISSES GAYS State Senator Vinny Gentile, who has won endorsements from gay organizations while professing support for a bill protecting gays from discrimination, finally had the chance to vote for it on December 18. He voted against it. So did Seymour Lachman, his neighboring senator. But Gentile's vote was more noteworthy because it was seen as a calculated move to help him win the City Council seat in Bay Ridge being vacated by Marty Golden, who replaces Gentile in the Senate on January 1.

Bay Ridge is a conservative area where a vote for the Sexual Orientation Non-Discrimination Act (SONDA) might not have been well received. So perhaps Gentile's vote helped his chances in that race, which he effectively entered by hiring campaign strategists Hank Scheinkopf, Josh Isay, and Elnatan Rudolph. But Gentile now faces accusations that he stabbed the gay community in the back after winning endorsements from Lambda Independent Democrats and the Empire State Pride Agenda (ESPA).

"Vinny Gentile is, simply put, a liar," said Lambda President Dan Tietz. "He told us in our questionnaire in 1998 that he supported SONDA and would vote yes if it would come to the senate floor." Gentile made the same promise to ESPA this fall, Tietz added. Gentile denied making that pledge to ESPA. As for Lambda, he said, "I don't think I ever answered a questionnaire. But the one years ago would not reflect this bill. That's a moot point." Supporters of the bill said it hasn't changed since then. The Assembly has been passing the bill every year, but Senate Republicans never brought it to the floor for a vote.

"There's no way he could have been endorsed (by Lambda) if he wasn't for the civil rights bill," said former Lambda President Alan Fleishman, a Democratic district leader from Park Slope. Lachman, unlike Gentile, has never sought or received Lambda's endorsement.

Fleishman said regardless of how most Bay Ridge voters feel about SONDA, the bill deserved to pass on its merits. He put dissenters Lachman and Gentile in the same boat as U.S. Senator Trent Lott, who implicitly endorsed segregation of the races. "What these guys are doing now is just as bad," Fleishman said. "Seymour and Vinny have had a long dance on this issue and have come down on the wrong side of it." SONDA, whose passage was engineered by Governor George Pataki to pay back Empire State Pride Agenda for its October endorsement of him, extends to gays and lesbians the protections already enjoyed by other groups vulnerable to discrimination. Before SONDA, gays across the state (except in New York City, which has its own law) could be fired from their jobs, rejected for an apartment, denied hotel rooms, etc. because of their sexual orientation.

Lachman issued a statement saying, "Over the years, I have fought against discrimination wherever it has reared its ugly head. I happen to be a member of a minority group and have experienced the pain of being discriminated against firsthand. However, I have deep concerns that the passage of this bill will result in the undermining of the religious rights of others." Translation: religious organizations that consider homosexuality a sin should be able to discriminate against homosexuals.

Gentile gave the same reason, that some religious organizations weren't specifically exempted from SONDA. "That was a serious omission from the bill," he said. "There should still be some recognition that there are groups in the community, particularly faith-based groups, that… are opposed to this legislation." By that logic, a religion that considered blacks or Jews inferior should also be allowed to discriminate against them. As a Jew and self-professed progressive, Lachman obviously doesn't believe that, so it's clear he puts homosexuals in a different category. "Which part of discrimination doesn't Seymour Lachman get?" Tietz asked.

But the bulk of the gay activists' anger was directed at Gentile, whose vote they viewed as treachery. "He is on the record, in writing, on a signed document, saying he supported the legislation," said Tietz. "Why would the voters trust somebody like that?" "The whole thing with Gentile really pains me because I was out there for him in Bay Ridge when he first ran there and won," Fleishman said, adding that in Gentile's race against Golden he ran a phone bank for Gentile and gave his campaign money. "I really feel betrayed by him," Fleishman continued. "You don't take an endorsement from a club and have people work for you and accept all kinds of help and then flip your position on them because you want to think about your own future and run for City Council. It's not right."

Gentile's reaction: "I think people are trying to say that I did this for political reasons and the answer is no, I did not."

But he did note that his vote reflected the will of his district. No one has called to complain, he said. Tietz claimed Gentile's vote would not help him win the council race, even if most Bay Ridge voters concurred with it, because the larger issue is credibility, he said. "What people want most in their elected officials is to be honest, trustworthy, to take principled positions and stick to them," Tietz said. "None of that happened with Vincent Gentile." The special election is expected to be held February 11. About a dozen candidates are interested, the latest being Community Board 10 member John Abi-Habib and Republican district leader Elaine Guido.

Gentile's opposition to SONDA guarantees Lambda will endorse Joanne Seminara and campaign vigorously for her. The gay vote isn't large in Bay Ridge, but overall turnout will be small. Said Tietz, "Our voters can make a difference."

Brooklyn's other senators voted for the bill, though Carl Kruger voted against an amendment to explicitly protect transgender people from discrimination. Kruger was the only Brooklyn representative to vote for the bill but against the amendment, which failed. A call to Kruger's chief of staff was not immediately returned.

MARTY HIT ON TOLLS Supporters of banning cars from Prospect Park saw hypocrisy in Borough President Marty Markowitz's position that a $250,000 traffic study is needed before such a change can be tried. Markowitz contends that the study done in the mid 1990s is outdated and insufficient. But the beep was happy to cite a much older study in his argument against tolls on the Brooklyn Bridge. "A 1977 study estimated that bridge tolls would add 53 percent more cars at the Battery Tunnel," Markowitz wrote in the Daily News. "I find his selective reasoning insulting," wrote Clarence Eckerson of Carroll Gardens, the Brooklyn chapter leader of Transportation Alternatives.

Markowitz called his positions consistent, because in each case he feels no change should be made without further study. "Placing tolls on the East River Bridges or banning cars from Prospect Park could seriously disrupt current traffic patterns," the beep's spokesman, Andy Ross, wrote us. "That is why the most up-to-date data is a necessity for anyone to make an informed decision."

Meanwhile, venerable Brooklyn Graphic columnist Lou Powsner wrote in opposition to East River bridge tolls that he once had to drive over the Brooklyn Bridge regularly to visit his wife in the hospital, often enduring horrible traffic. It's worth asking what is worse, a $5 toll or an hour wasted in traffic? Most folks would say the latter, which is a compelling argument for tolls that would reduce the number of vehicles on the bridge, speeding up important trips (like hospital visits) and eliminating unnecessary ones.

NO SPOILS FOR VICTOR On December 16, two days after the 36th anniversary of disgraced Marine Park jurist Victor Barron's admission to the state bar, Judge Barron's name was formally stricken from the roll of attorneys in New York.

The process was essentially a formality following Barron's felony conviction for receiving a bribe from a plaintiff's attorney in a personal injury case over which he was presiding. Barron is technically forbidden from even giving legal advice, which will be a great disappointment to his fellow inmates.

HAPPY TASK FOR SLOPE JUDGE On a brighter note for Brooklyn judges, the happy task of undoing the improper convictions from the notorious Central Park jogger case fell to a Park Slope resident, state Supreme Court Judge Charles Tejada of 3rd Street.

Tejada's dismissal of the convictions left open the possibility of a new trial. But a prosecutor immediately moved to junk the indictments entirely. "The motion is granted," replied the judge. "Have a very merry Christmas and a happy New Year." In what was certainly a highlight of Tejada's career, the courtroom erupted in cheers and tears from family members and supporters of the wrongfully convicted men.

CLARKE OPPOSES SMOKING BILL Flatbush Councilwoman Yvette Clarke abstained from voting on the bill that will ban smoking in just about all public places and places of employment in New York City. After initially being a sponsor of the bill, Clarke became the only Democratic Brooklyn councilmember not to support it. (Republican Marty Golden of Bay Ridge voted against it, just as he'd voted against increasing cigarette taxes last June.)

Clarke's vote wasn't a shock, since she had recently complained about exemptions for seven Manhattan cigar bars and for American Legion halls without employees, allegedly giving them an advantage over small bars like those in her district. "If I lived in that neighborhood, and I know 'American Legion: no problem; the guy next door: got problems,'" she said in a moment of eloquence, "I'm going to the American Legion hall." Apparently it didn't occur to Clarke that more customers might choose the smoke-free watering hole for that very reason.

Tara Martin, Clarke's director of legislative affairs, said Clarke supported the initial bill, which had no exemptions. "She supports the concept and understands the health concerns," Martin said. "It was a wrestling issue for her." But not for most other councilmembers. The bill passed 42-7.

ED GETTING AROUND TOWNS Some folks were surprised to see Rep. Ed Towns at the holiday party thrown by Flatbush district leader Jake Gold. He'd never been known to attend the annual party, probably because his congressional district doesn't include any of the 44th Assembly District represented by Gold. Gold didn't even remember inviting Towns, though he was happy to see the congressman there. But why was he there?

The answer that springs to mind of most insiders is that Towns still has ambitions of becoming county Democratic leader. Showing up at Democratic functions around the borough could help Towns garner the support he needs to upend Assemblyman Clarence Norman in 2004. Towns became eligible to run for county leader by becoming a district leader again last September. "I didn't ask him to share his innermost plans with me," said Gold. "I thanked him for coming."

Also doing some networking at the 44th A.D. function was Councilman Bill deBlasio, who was not endorsed last year by Jim Brennan, the district's assemblyman. "Normally, I would never expect him to show up," Gold acknowledged. But if deBlasio has aims of becoming speaker of the City Council in 2005 he will have to build bridges with lots of fellow Democrats. Holiday parties are a good place to start.

KRUGER OVERLOAD Sheepshead Bay resident Henry Finkelstein, a regular reader of this column, e-mailed us this question: "Since Carl Kruger seems to spend most of his time trying real hard to get his picture into the local newspapers, does he find any time to at all to author, sponsor, cosponsor, or have anything to do at all with the enactment of legislation in Albany? After all, isn't that the purpose he was elected for? Or is it inevitable that Senator Kruger will continue in his pursuit of photo opportunities and there is nothing his constituents can do about it except pray to God he is not reelected?"

We hear this question a lot about politicians. The answer is not as simple as you'd think. Photo opportunities are often the result of invitations from constituents to awards ceremonies, ribbon cuttings, and the like. Many elected officials see it as part of their job to accept them. If they didn't, no doubt they would be deemed "invisible" and "unresponsive." Remember state Senator Howard Babbush? No? Exactly. He spent most of his time holed up in his office or tending to his health, and was slapped with a Mr. Invisible label. Ultimately he lost the 1996 Democratic primary to John Sampson.

This paper even wrote an April Fool's story offering $100 to anyone who spotted Babbush in his Canarsie district. A few people actually called to report things like, "I just saw Howie Babbush in Pathmark!" Does Kruger get legislation passed? The question is almost irrelevant for Democrats in the state Senate, since their bills never see daylight unless (Republican) Majority Leader Joe Bruno approves, in which case they may not be worth passing anyway.

Perhaps more important is voting record, which there are a million ways to assess. One litmus test is environmental protection. Kruger's four-year voting record in that area was rated second-worst among Brooklyn's eight state senators by Environmental Advocates of New York. Not very good. But a business organization might have rated him second-best on the same votes. So there is no easy answer. But it is possible to be both a press hound and a successful legislator. Park Slope resident Chuck Schumer, who rarely missed a photo-op as he rose from assemblyman to congressman to U.S. senator, is one example Kruger would surely love to follow.

FELDER, ODDO STRAY FROM CROWD A bill to curb predatory lending was passed 44-5 by the City Council, with two of the dissenting votes coming from Brooklyn representatives: Simcha Felder (Borough Park, Kensington) and Jim Oddo (Bensonhurst). The bill prohibits banks from doing business with the city if they engage in predatory lending, in which typically poor or elderly homeowners are duped into taking home-improvement loans they can't repay, resulting in foreclosures.

But Felder says the measure would be ineffective against the unscrupulous home-improvement contractors who initiate the unfair loans. "Although I believe that everything should be done to ensure that people, especially poor people, not be taken advantage of, I don't believe the bill as it stands now would take care of the problem," he said. "Just to pass the bill so we can scream Wow, we did a predatory lending bill, I'm not in favor of that." Felder added, "It's a political bill, not a practical one. A feel-good measure."

Rather than crack down on predatory lending, "It's further constraining the way the city does business at a time when the city is having a hard time keeping its head above water," Felder said. Republican City Councilman Marty Golden broke ranks with Oddo, the council's Republican leader, and voted for the bill. Oddo said he doesn't ask council Republicans to vote a certain way. "Everyone votes his conscience," Oddo told us.

Oddo cited reasons similar to Felder for his opposition. "The people who engage in predatory lending will not be affected by this bill. This bill really covers the big corporations-the Citibanks, Chases-and we risk losing their business," Oddo said. "And moreover, the bill does nothing to curb the two main sources of predatory lending: mortgage brokers and home-improvement contractors." The bill's proponents say large banks buy many of these questionable loans, locking in profits and minimizing risks for those at the front lines of the scheme.

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2000
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1999
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