By Alex Ginsberg
A Brooklyn judge ruled July 2 that the city violated its charter when it closed Engine Co. 261 in Long Island City without serving proper notice, but it was unclear if the ruling represented more than a technical win in a war Long Island City had already lost.
“This is a real victory for the rule of law,” said Councilman Eric Gioia (D-Sunnyside), who argued the case before Judge James Starkey in State Supreme Court in Brooklyn last month. “David is fighting Goliath—and winning.”
But the city’s Corporation Counsel, Michael Cardozo, played down the ruling, saying it was based on a “technical deficiency” in the city’s handling of the closings.
That “technical deficiency” stems from the fact that Engine Co. 261 serves Roosevelt Island, which does not have its own firehouse. According to the charter, the city was required to notify all affected community boards and council representatives 45 days before the closure of a firehouse.
Although the city did notify the appropriate Queens authorities — Community Board 1 and Councilmen Gioia and Peter Vallone, Jr., (D-Astoria) — it did not give notice to the Manhattan authorities — Community Board 8 and Council Speaker Gifford Miller (D-Manhattan), State Supreme Court Justice James Starkey ruled. As of Tuesday afternoon, Community Board 8 had still received no notice.
“In its haste, its rush to close firehouses, the city ignored the simple words of our charter,” said Gioia.
But the decision leaves the fate of Engine Co. 261, which was closed May 25, undecided for the time being. Starkey did not order the company reopened, but was to decide on remedial measures at a hearing tentatively scheduled for Wednesday.
The building at 37-20 29th St. remains open because it is still home to Ladder Co. 116, which was not closed.
If the judge were to order Engine Co. 261 reopened, the city could choose to shut it down again, given another 45 days and proper notice.
That is a distinct possibility since Starkey also ruled that the closings of the other five firehouses, none of which is located in Queens, was entirely legal. In his decision, the judge noted that the petitioners failed to show that the closings were “arbitrary and capricious.”
“We are extremely pleased that the judge agreed with us on five of six — or all but one — of the closings,” Cardozo said. “This is a clear-cut victory for the city.”
But Gioia was not dismayed by the rulings on the other five firehouses. He said the victory on Engine Co. 261, even if it does not immediately lead to the reopening of the company, bought more time for the community to continue the fight.
“This is a battle we’re fighting not only in the courtroom but politically,” he said. “We are anticipating a prolonged fight. We’re resolute and we will never give up until our firehouse is reopened.”
And Jerry Walsh, president of the Dutch Kills Civic Association, said the ruling was a step in the right direction.
“We got the spotlight on this engine company,” he said. “Now the city has to go a bit further.”
Reach reporter Alex Ginsberg by e-mail at Timesledger@aol.com or call 718-229-0300, Ext. 157.
