2007 Issue 1 - New York City Bar Association

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R E C E N T C O M M I T T E E R E P O R T S hearing on November 1, 2006, expressing support for the Parks Department’s policy of permitting off-leash exercise and socialization for dogs in designated parks within the City during specified limited hours. The Committee also supported amendments to Health Code Section 161.05, concerning vaccination and licensing of dogs, which would further strengthen the off-leash policy. Report expressing opposition to H.R. 4239, the Animal Enterprise Terrorism Act (AETA), which would give the Department of Justice the authority to apprehend, prosecute and convict individuals committing animal enterprise terror. The report raises a number of concerns with the legislation including that: (i) AETA is vague and overbroad, and would likely have a chilling effect on the lawful exercise of First Amendment rights; (ii) AETA would punish conduct that causes no economic damage or injury; (iii) AETA appears to lack a rational basis for the conduct it purports to criminalize and may violate equal protection rights; and (iv) AETA’s penalty provisions appear disproportionately harsh. Lesbian, Gay, Bisexual and Transgender Rights Letter to the New York City Department of Health and Mental Hygiene with regard to birth certificate regulations for transgendered individuals. The letter expressed support for the Department’s goal of updating and amending Article 207 of the City’s Public Health Code by eliminating the requirement that applicants undergo “convertive surgery” before they may obtain a new birth certificate. The amendment, the letter notes, would also assist transgender individuals by ensuring that their new birth certificates designate them as male or female rather than effacing their sex designation altogether, as is the current practice. Report supporting S.1571/A.3496, which would amend the New York Education Law to prohibit harassment and discrimination against students in school based on actual or perceived race, color, national origin, ethnic group, religious practice, disability, sexual orientation, gender (including gender identity and expression) and sex. Military Affairs and Justice Testimony before the U.S. Senate urging that it act quickly, in light of the recent decision in Hamdan v. Rumsfeld, to establish an expert panel with a mandate to advise Congress and its committees about the appropriate means to establish a military commission system. The testimony points T H E R E C O R D 16
R E C E N T C O M M I T T E E R E P O R T S out that legislation authorizing the panel’s creation and the method of selecting its members would be relatively simple to draft, and once authorized, such a panel could begin its work without delay to provide immediate useful advice and drafting assistance to Congress. Letter to Congress urging opposition to the administration’s proposed Military Commissions Act of 2006 (the “Act”). The Act, the letter argues, does not follow the Supreme Court’s recent ruling in Hamdan or the United States’ obligations under the Geneva Conventions. Rather the Act undercuts the United States’ role as the chief proponent of human rights and the rule of law around the world. Letter to the Department of Defense requesting that the Department provide for a period of public comment on the draft Manual for Military Commissions before its final publication. Given the importance and the public interest in this matter such an opportunity, the letter notes, would only serve to enhance the public confidence in any trials which might be conducted in accordance with the Manual. Letters to Congress and to Secretary of Defense Robert Gates expressing concern that Executive Branch officials and military personnel have made the representation of Guantanamo detainees difficult by: discouraging detainees from seeking and utilizing legal assistance; intimidating lawyers providing pro bono representation; interfering with the attorney-client relationship; and encouraging clients of the law firms who represent detainees to pressure the firms to drop these cases. The letter focuses on statements made by (former) Deputy Assistant Secretary of Defense for Detainee Affairs Stimson. The United States Supreme Court, the letter states, has made clear that those detained at Guantanamo are entitled to counsel and that the above actions by officials indicate a bias inconsistent with their responsibilities. Non-Profit Organizations Letter to the Attorney General’s Office endorsing the Attorney General’s Legislative Program Bill #63-05, which would amend New York’s Executive Law regarding the solicitation of charitable contributions, and enhance the available enforcement actions to prevent fraudulent charitable solicitations. Letter to the New York State Bar Association offering comments on its Business Law Section’s proposal to revise the New York Not-for-Profit Corpo- 2 0 0 7 V O L. 6 2 , N O. 1 17
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2007 Issue 1 - New York City Bar Association

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