Engine 261 May Have A Second Chance

The embers of former Engine Co. 261 have not been fully extinguished. In the bitter back and forth surrounding the firehouse closures, it may have been granted a second chance with Justice James Starkeys July 2nd ruling stating that Mayor Michael Bloomberg illegally closed the Long Island City firehouse. But the fight to reopen Engine Co. 261 isnt over yet. Justice Starkey upheld Bloombergs decision to keep the other five firehouses closed this past May as part of the budget cuts to close the citys deficit gap. A hearing will be scheduled sometime after July 9 to determine what the appropriate remedy will be.
Councilman Eric Gioia, who is both a lawyer representing Long Island City and a plaintiff in the case, applauded the decision and urged the mayor to reopen Engine Co. 261. According to Gioia, closing the firehouses risks lives and the trial fees are being paid for by the city using tax dollars that could be used to keep firehouses open.
"David is fighting Goliathand winning. Today, Mayor Bloomberg was told, You have to play by the rules like everyone else. In its haste, its rush to close the firehouses, the city ignored the simple words of the Charter, our citys constitution, by failing to notify the communities served by Engine 261," Gioia said.
The Charter states that written notice must be given 45 days in advance of a firehouse closing to the area served by the firehouse. Specifically, notice must be given to all City Councilmembers and community boards whose districts or borders include areas served by the firehouse. In the case of Engine Co. 261, the city failed to notify Speaker Gifford Miller, whose Council District includes Roosevelt Island, or Community Board 8, which encompasses the island. In a May hearing, it was determined that the city had again failed to give notice, even weeks after being sued for just that.
In the case presented before the New York State Supreme Court, the petitioners, which included Assemblyman Joseph Addabbo, Senator Serphin Maltese and Councilman Gioia, maintained that "the decision to order the closure of eight fire houses and the relocation of two additional units were arbitrary and capricious because the decisions were based upon insufficient evidence, lacked a rational basis and would endanger public health and safety." Additionally, they held that the closure notices sent out on April 7 were invalid because the respondents did not adequately describe the reasons for the decision and did not inform the correct parties. They also stated that the respondents failed to obtain an environmental impact statement or an environmental assessment, which is required by the New York State Environmental Quality Review Act.
While Justice Starkey ruled that the respondents failed to notify the communities served by the firehouse as is laid down in the New York City Charter and thus the closing of Engine 261 was in violation of law, he did not find that the citys decision to close the firehouses was unfounded or negligent on the part of the city.
Michael Cardozo of the Corporation Counsel, New York City Law, called Justice Starkeys ruling a clear-cut victory for the city and said that the decision confirmed that among the five firehouses that will remained closed, all necessary procedural and environmental steps were taken.
"We disagree with the judges decision on notice for Engine Company 261," said Cardozo. "However, while the judge found that there was a technical deficiency in the notice requirement, he also found this closing was both rational and appropriate as well. Moreover, he did not order Engine Company 261 reopened at this time, noras he previously has indicateddid he feel there was any adverse public impact by the city closing any of the firehouses."
Councilman Bill de Blasio and Assemblywoman Catherine Nolan are among the supporters of Engine Co. 261, which serves much of Long Island City, including Dutch Kills, Queensbridge and Ravenswood, as well as parts of Astoria and Woodside. It is also one of the three engines that serve all of Roosevelt Island, which does not have its own firehouse.
"On the merits, Engine 261 must be re-opened," said Assemblywoman Nolan. "In the new world our city faces since September 11, the need for more first responders is very evident."
Meanwhile, Gioia is not losing hope.
"Everyone but the mayor seems to think closing firehouses is a bad idea," he said. "We are right on the merits, and right on the legal issues, and I hope that we will be able to reopen Engine 261 soon."