By Courtney Dentch
Judge Bernard Malone found that the laws governing lobbyists in New York state do not require notifications or hearings once people or lobbying firms are charged with a violation.Two sections of the Lobbying Act “violated the due process clauses of both the New York state and United States constitutions in failing to provide for notice and a hearing prior to the commission determining whether a person or entity has knowingly and willfully violated the Lobbying Act,” Malone ruled Aug. 17.The ruling came as a result of a lawsuit brought by Simmons, who grew up in Hollis, and his Hip-Hop Summit Action Network. Simmons was under investigation for his campaign last year to repeal the Rockefeller drug laws, which require harsh mandatory minimum prison sentences for minor narcotic offenses.The New York State Lobbying Commission was looking into how much money Simmons and his network spent in the failed attempt to persuade Republican Gov. George Pataki, Assembly Speaker Sheldon Silver (D-Manhattan) and Senate Majority Leader Joe Bruno (R-Renssalaer) to take up the reforms. The campaign included a marathon negotiation session in Pataki's executive chambers and a June 2003 rally in Manhattan.The law requires people and groups to register as a lobbyist if they spend more than $2,000 in pursuit of their cause.Simmons and the Hip-Hop Summit Action Network countered the investigation with a lawsuit claiming they were denied their right to due process and their right to free speech.”The executive director of the Lobbying Commission said himself that the commission could make a unilateral determination of whether or not you had violated the lobbying law and could then impose a penalty,” said James Featherstonhaugh, the lawyer representing Simmons. “Even when you get a traffic ticket, you're entitled to explain why you don't think you violated the law.”A spokesman for the State Lobbying Commission declined to comment on the case but said state Attorney General Eliot Spitzer was planning an appeal. Spitzer's office did not return calls for comment.”The fact is we should have the right to express our opinions about laws we deem unjust,” Simmons said in a statement. “I'm happy about this ruling because, going forward, you won't have to be a millionaire to say what's on your mind or stand up for your rights.”The Hip-Hop Summit Action Network plans to continue its fight to repeal the drug laws, said Dr. Benjamin Chavis, president of the organization.”The right to due process and the right to freedom of speech are very important, not only to the hip-hop community but to all Americans,” Chavis said. “We, however, restate our commitment to raise public awareness about the unfairness of the Rockefeller drug laws, which are the most egregious of the mandatory minimum sentencing laws in the nation.”Simmons and the action network were planning a rally Monday for the Republican National Convention to protest the drug laws.”We will not be silenced,” Chavis said. “We will step up our pace in raising awareness on this issue. This is a significant victory for hip-hop.” Reach reporter Courtney Dentch by e-mail at news@timesledger.com or by phone at 718-229-0300, Ext. 138.
