Even though he’s been mayor for almost 12 years, Mike Bloomberg doesn’t consider himself a politician.
Given how New York pols think, that can be a good thing. Too often, though, it leaves the mayor’s initiatives vulnerable to being shot down by a court because he has made one of his end runs around the rules.
We saw that last week when a state judge threw out his limit on sugary drinks at least partly on the grounds that the decision was made by an unelected Board of Health rather than by the people acting through their elected representatives.
We shed no tears here. The mayor overreached on something that made him look ridiculous, and he paid the price.
What concerns us is that his disdain for political process also leaves vulnerable some of his most sensible reforms.
Take the recent ruling by a panel of the Appellate Division upholding a judge’s decision to toss out the mayor’s reform on homeless shelters. On the merits, the mayor’s position is not only reasonable but also necessary: that single adults demonstrate they have no alternative housing before they are admitted to a city shelter.
But the judges threw it out because the mayor failed to vet the policy before the City Council and in public hearings — as required by law.
That’s not the only example. Last year, another judge invalidated the mayor’s bid to improve taxi service for the outer boroughs, on the grounds that, in an unconstitutional effort to sidestep the City Council, Bloomberg went to Albany for approval. On top of setting back taxi reform, it meant the city won’t get the $1.46 billion it was counting on from the sale of new medallions.
Likewise, back in 2010, a judge overturned the city’s move to shut down 19 failing schools because the Department of Education hadn’t given enough advance notice of public hearings or given speakers enough time to air their grievances.
Yes, politics can be slow and frustrating. But there’s a lesson here for those who think they can just ride roughshod over the process. Sooner or later, it can come back to rob you of your victories.