(The Center Square) — New York City Mayor Eric Adams overstepped his authority when he used his emergency powers to block a ban on solitary confinement in the city’s jails, a judge ruled Monday.
The ruling by New York State Supreme Court Justice Jeffrey Pearlman said an emergency declaration issued by Adams last year blocking a portion of the law prohibiting jail officials from placing prisoners in “restrictive housing” for more than 60 days a year exceeded his authority under the law. He said the Council’s override of Adams’ veto should have been the last word.
“When the city Council overturns a mayoral veto, it is not an emergency, it is a democratic process, clearly laid out in the New York City charter,” Pearlman wrote in the six-page ruling. “By declaring a state of emergency and issuing emergency orders, he violated that process.”
Adams, a former NYPD captain, vetoed the solitary confinement bill in January 2024, saying the move would “keep those in our custody and our correction officers safer.” But the City Council overrode his objections, arguing that the restrictions would reduce violence in correctional facilities and end a practice they say causes “harm” to the prisoners.
Shortly after, Adams responded by signing an executive order declaring a state of emergency, suspending the solitary confinement ban, and restricting the use of restraints when prisoners are being transported to court hearings. He warned that if the law takes effect, the city would “no longer be able to protect people in custody, or the union workers charged with their safety, from violent individuals.”
City Council Speaker Adrienne Adams, who sued the mayor over his declaration, said Monday’s ruling “confirms that Mayor Adams’ attempts to circumvent local law banning solitary confinement by issuing emergency executive orders were unlawful and an abuse of power.”
“Today’s ruling is a win for our local democracy, human rights, and public safety,” the Democrat said. “The mayor must follow the law, just like every New Yorker, and cannot abuse the powers of the office.”
Speaker Adams, who was eliminated from the mayoral race in last week’s Democratic primary, said solitary confinement “has been proven to cause physical, psychological, and emotional harm, making jails and our city less safe.” She said now that the emergency orders are no longer in effect, the Adams administration “must bring the city into compliance with the law.”
The fight over solitary confinement was part of a larger intra-party rift between Adams and the Democratic-led council that has played out in news headlines and lawsuits over the past year. The two sides have also feuded over the mayor’s vetoes of a police stop bill and plans to expand the council’s authority over confirming nominees to fill city departments and commissions.
It also comes on the heels of a federal court ruling putting New York City’s troubled jail system under the watch of an independent monitor after a U.S. District Court judge seized control of the Rikers Island jail and other city-run lockups.
