Correspondence between Chic Hecht and Noach Dear (New York, N.Y.), August 6, 1986

August 6, 1986 Mr. Noach Dear Councilman 1373 Coney Island Avenue Brooklyn, New York 11230 Dear Noach: Thank you for your nice letter of July 29, 1986, enclosing the newspaper articles. I appreciate your keeping me informed on these issues. Please do not hesitate to contact me in the future on matters of concern to you. Best regards. Sincerely, Chic Hecht THE COUNCIL OF THE CITY OF NEW YORK CITY HALL NEW YORK, N. Y. 1 0 0 0 7 NOACH DEAR COUNCILMAN. 3 2 N D DISTRICT. BROOKLYN 1 3 7 3 C O N E Y I S L A N D A V E N U E B R O O K L Y N . N. Y . 11 2 3 0 3 3 8 - 1 1 1 0 COMMITTEES: CONSUMER AFFAIRS FINANCE PUBLIC SAFETY STATE LEGISLATION July 29, 1986 Senator Chic Hecht Hart Building Room 302 2nd and Constitution Streets Washington, D.C. 20510 Dear Chic, I thought that you might be interested in the enclosed material concerning Soviet disinvestment and the Supreme Court's ruling on States' sodomy laws. If you wish to discuss either of these issues further please don't hesitate to contact me. Best wi Noach Dear ND/hC SERVING: B E N S O N H U R S T , B O R O PARK. KENSINGTON. M A R I N E PARK, MIDWOOD A N D E A S T MIDWOOD The New York Times THURSDAY, JULY 24, 1986 Letters To Give Homosexuality a Constitutional Imprimatur To the Editor: Now that the initial brouhaha over the Supreme Court's sodomy ruling has died down somewhat, it might be useful to reflect on what the real sig-nificance of that decision was. It was most certainly not that states could pass antisodomy laws, although that was the Court's direct holding. Nor will it have substantial impact on our concept of privacy, as has been widely suggested. Keep in mind that the constitutional challenge to the Georgia sodomy law did not come as part of a defense to a charge of violation of that law. After Michael Hardwick's arrest for being caught in the act of sodomy by a po-liceman investigating something else, no prosecution followed. Rather, reportedly at the behest and with the active support of homosexual-rights groups, Mr. Hardwick sought to have the law invalidated purportedly be-cause he was in constant fear of fu-ture arrest should he continue with his sexual proclivities. It was this ef-fort that worked its way to the Su-preme Court. The only way the Court could have invalidated the Georgia statute would be to hold that it violated a constitu-tionally protected right. The Court was asked to do this in a case in which the record showed no real harm to Mr. Hardwick, or anyone else, no dis-cernible outbreak of enforcement of sodomy laws in states having them or plans afoot to enact them in states not having them. Indeed, in recent years the trend has been to repeal sodomy laws in the states that had them. Mr. Hardwick's case was simply an attempt to have the Supreme Court confer a constitutional imprimatur on homosexual relationships by seeking to have prior legal precedent in the area of privacy extended to cover sodomy. In short, the Court was asked to signal that homosexual sex was no different from other activity done in private and that no distinction ought to be properly drawn in our laws and ultimately in our society. The gay activists seeking legitimacy for homosexuality seized the case of the hapless Mr. Hardwick as a target of opportunity ? and lost. I applaud - the Supreme Court decision. Not be- ; cause I want the Government to in-trude into the nation's bedrooms and not because I want homosexuals to be put in jail. I applaud it because it says that homosexuality is not protected by the basic law of our land. Homosexual-ity is indeed "different," and the high-est court in our land has reaffirmed that society has the right to consider it different. NOACH DEAR City Councilman, 32d Dist., Brooklyn New York, July 15, 1986 WEEK OF MAY 23 TO MAY 29, 1986 14 IYAR 5746 Dear Proposes Bill To Halt Trade With Soviets City Councilman Noach Dear, joined by Rabbi Avi Weiss, National Chairman of the Center for Rus-sian Jewry-Student Struggle for Soviet Jewry,and Glenn Richter, National Coordinator of the Student Struggle for Soviet Jewry, announced, at a City Hall press conference, introduction of a bill in the New York City Council that would restrict the City's deal-ings with ban-ks and companies that do business with the Soviet Union. The bill, which he said is an out-growth of the dissatisfaction with the Soviet Union's human rights policies, is virtually identical to the so-called South African "divestment" legislation passed last year by the Council. Dear said that his bill is designed to ensure that purchases, deposits and investments by the City are made consistent with the principlesof freedom, justice and the protection of human rights. The bill, if enacted into law, would be. he said, a clear and unambiguous Councilman Noach Dear(right) joined by Glenn Rich-ter (center), National Coordinator of the Student Struggle For Soviet Jewry and Rabbi Avi Weiss (left), National Chairman of the Center for Russian Jewry- Student Struggle for Soviet Jewry, at a press confer-ence at City Hall announcing legislation which will establish economic sanctions against the Soviet Union because of their Human Rights Violations. statement by New York City that the Soviet Union's policy of denying its citizens, especially its Jewish minority, the right to practice their individual reli gions and to emigrate without the fear of arrcsi and harsh imprisonment, is morally repugnant to the peo-ple of the City of New York. The bill provides that banks become ineligible to receive City deposits if they provide certain services that benefit the Soviet government. Such beneficial services would include underwriting securities for, or making a loan to. the government of the Soviet Union. An exception is made for loans for educational, hous-ing or health facilities, but only where these are availa-ble to all persons on a totally non-discriminatory basis. A f u r t h e r exception is made to allow deposits if they would be necessary to allow the City toobtain essential services which are not reasonably obtainable from another bank. THE COUNCIL The City of New York i t f T R o (flCS Introduced by Council Member Dear: also Council Members DcMarco. Eisiand. Eossella. Micliels and O'Donovan?read and referred to the Committee on Governmental Operations A LOCAL LAW To amend the charter of the city of New York in relation to the depositing of city funds in banks that have dealings with the government of the Union of Soviet Socialist Republics, and to amend the administrative code of the city of New York in relation to the purchase by the city of goods originating in the Union of Soviet Socialist Republics and city contracts with companies that export goods to the Union of Soviet Socialist Republics, and companies that make direct sales to certain agencies of the Soviet government. Be it enacted hy the Council us follows: 1 Section one. Declaration of Legislative intent and findings. The Union of Soviet Socialist 2 Republics' (henceforth referred to as the Soviet Union) policy of denying its citizens, especially its 3 Jewish minority, the right to practice their individual religions without fear of arrest and harsh 4 imprisonment is morally repugnant to the people of the city of New York. In addition, the Soviet 5 Union's brutal occupation of Afghanistan, and its crackdown on any attempt by its East European 6 Satellites to grant even minor human rights concessions to its people, is another example of this 7 outlaw government's cruel and dehumanizing rule. X The city of New York has a long tradition of regulating the use of public moneys to ensure that 9 purchases, deposits and investments are made consistently with moral standards and in a manner 10 which promotes the public welfare. For example, as early as nineteen hundred forty-two the council I I enacted a local law prohibiting discrimination on the basis of race, color or religion by city contrac- 12 tors The council has also required that city contractors agree not to violate provisions of the export I ' administration act prohibiting participation in foreign-sponsored boycotts of nations friendly to the United States The council recently enacted Legislation providing lot a "locally hjsed enterprise I pio}!iam h> niiicasc opportunities tot disadvantaged |vrsons to Iv employed in ? onMrm (ion Note Mattel in itiiln ^ is new mattei in brackets | | to lu* omitted 1 contracts. The charter provides that city funds may tie deposited only a( banks which have a polity of 2 hiring and promoting employees without regard to race, color, creed, religious affiliation, sex or 3 national origin. The council also recently cnactcd Legislation, similar to what is proposed in this bill. 4 concerning the Government of South Africa. 5 This local law provides that the banking commission shall not designate a bank or trust company 6 as eligible to receive city deposits if, after the effective date of this law, the bank or trust company 7 provides certain services that benefit the Soviet government. A bank or trust company may not be so 8 designated if it underwrites securities for or makes a loan to the government of the Soviet Union, an 9 exception is made for loans for educational, housing or health facilities, but only where these are 10 available to all persons on a totally nondiscriminatory basis. A further exception is made to allow for 11 the designation of a bank if such designation is necesary to allow the city to obtain essential services 12 which are not reasonably obtainable from another bank. 13 This local law also applies to certain city contracts for goods and services. Recognizing the 14 needs of city agencies to contract economically and in accordance with applicable competitive 15 bidding requirements, this law provides for a determination to be made whether it is in the public 16 interest to contract with persons who do not agree to certain conditions concerning their activities in 17 the Soviet Union if the city can obtain goods or services of comparable price and quality from a 18 person who does agree to those conditions. This determination would occur when a person seeking a 19 contract would sell the city goods originating in the Soviet Union, or sells goods or services other 20 than food or mcdical supplies directly to the Soviet police, military or prisons. 21 These provisions not only express the moral concerns of the city of New York, but also seek to 22 protect the financial interests of the city by limiting the number of city contracts which may depend 23 for their satisfaction on the internal security of the Soviet Union. Like the provisions concerning 24 deposits, these provisions operate prospectively, and contracting decisions shall not be based on a 25 contractor's dealings with the Soviet government prior to the effective date of this law. 26 ?2 Section fifteen hundred twenty-lour of the New York city charier is hereby amended to read 27 ;is follows: 2K ?1524. l)e|M>si( bunks. I The banking commission which consists of the mayor, the coinmis- 1 sioncr and the comptroller shall, hy majority vote, by written notice to the commissioner, designate 2 the banks or trust companies in which all moneys of the city shall be deposited, and may by like 3 noticc in writing from time to time change the banks and trust companies thus designated. 4 2. a. Except as provided in paragraph b of this subdivision, no bank or trust company shall be 5 designated pursuant to this section unless: 6 (I) it shall agree to pay into the city treasury interest on the daily balances at a rate which the 7 banking commission shall, by a majority vote, fix quarterly on the first day of February, May, 8 August, and November in each year, according to the current rate of interest upon like balances 9 deposited in banks and trust companies in the city by private persons or corporations; 10 (2) it shall file with the banking commission and city clerk a certificate signed by the president 11 or other duly authorized officer of such bank setting forth that its board of directors has established 12 and will adhere to a policy of hiring and promotion of employees and officers without regard to race, * 13 color, creed, religious affiliation, sex or national origin which certificate shall further set forth 14 affirmatively the steps taken by the bank or trust company to implement said policy; (and| 15 (3) it does not provide the following services, either directly or through a subsidiary or agent, to 16 the government of the Republic of South Africa; (a) advertising or otherwise promoting the sale. 17 outside of the Republic of South Africa or Namibia, of krugerrands or other coins minted in the 18 Republic of south Africa or Namibia, (b) underwriting securities of the government of the Republic 19 of South Africa, or (c) making loans to such government, other than loans for educational, housing or 20 health facilities available to all persons on a totally nodiscriminatory basis and located in geographic 21 areas accessible to all population groups without any legal or administrative restrictions!.|; and 22 (4) it does not provide the following services, either directly or through n subsidiary or agent to 23 the government of the Soviet Union: (n) underwriting securities of the government of the Soviet 24 Union, or (h) making loans to such government, other than loans for educational, housing or health 25 facilities available 1o all persons on a totally nondiscriminatory basis tit!,/ located in geographic 26 areas accessible to all population grou/i.\ without am Icgiil in ii*lmini\traiivc restrii'tiony 27 h. I lie commission may designate a bank oi trust compattv w hich docs not meet the criteria set 28 lortli in clause three oi lour ol paragraph a OL tins subdivision U|MIU a determination, made in writing i 4 1 and forwarded to (lie council, fliiit deposit of city moneys in such hank or trust company is necessary 2 to obtain essential services which arc not reasonably abtainablc from another bank or trust company. 3 It the hanking commission by majority vote shall decide that such policy not lo discriminate or 4 provide services to the government* of the Republic of South Africa nr the Suvirl Union has been 5 violated after giving the bank or trust company an opportunity to be heard, then upon giving thirty (> days' notice to the bank or trust company such designation may be revoked. 7 3. The commissioner may. with the approval of the comptroller, make time deposits of city X moneys, for a period not (o cxcccd six months, in any bank or trust company designated for deposit 9 of city funds. Each such bank or trust company shall before deposits arc made, other than such as arc 10 of a temporary character and specifically relate to the current business of the city, execute and file 11 with the commissioner a bond to the city in such form and in such amount as may be prescribed and 12 approved by the commissioner aiyl the comptroller for the safekeeping and prompt payment of city 13 moneys or demand with interest at the rate agreed upon and. as security for such funds, shall deposit 14 with the comptroller outstanding unmatured obligations issued by the city, the value of which at the 15 existing prices on the.open market shall be equal to the estimate amount of the proposed deposit, for 16 which the comptroller shall deliver a certificate of deposit containing the condition of such bond. 17 4. On the withdrawal of all or a part of the funds deposited in any depository and a closing or IX depleting of the account thereof, or in the event of the deposit actually made being less than the 19 estimated amount of such deposit, the commissioner and the comptroller shall certify to such 2(1 settlement or depletion or difference and direct the surrender of the whole or a proportionate share of 21 the securities so depoosited to the owner or owners thereof. 22 S3. Subdivision a of section 343-11.0 of title A of Chapter thirteen of the administrative code is 23 hereby amended to read as follows: 24 ?343-11.0. Anti-apartheid and Anti-Soviet Union contract provisions, -a. With respect 2"i to contracts described in subdivisions b and c of this section, and in accordance with such provisions. 2<i no city agency shall contract for the supply of goods or services with any person who does not agree 27 lo stipulate to the following as material conditions of the contract il there is another peison who will 2X contract lo supply goods or services of comparable quality at a comparable price 1 (I) (hal (he contractor and its substantially owned subsidiaries have not within the twelve months 2 prior to the award of such contract sold or agreed to sell, and shall not during the term of such 3 contract sell or agree to sell, goods or services other than food or medical supplies directly to the 4 following agencies of the South African or Soviet Union government or directly to a corporation 5 owned or controlled by such government and established expressly for the purpose of procuring such 6 goods and services for such specific agencies: 7 (a) the police, 8 (b) the military, 9 ? (c) the prison system, or in the case of South Africa. 10 (d) the department of cooperation and development; and 11 (2) in the case of a contract to supply goods, that none of the goods to be supplied to the city 12 originated in the Republic of South,Africa or Namibia, or in the Soviet Union. 13 S4. No bank shall be denied designation pursuant to section two of this local law because of any 14 action taken prior to the effective date of this local law. 15 55..The provisions of section 343-11.0 of the administrative code as amended by this local law ? 16 shall not apply to actions taken or contracted to be taken by any person prior to the effective date of 17 this local law. 18 ?6. Nothing in this local law shall be deemed to restrict or diminish the powers conferred on the 19 board of estimate by law. 20 {7. If any provision of this local law or the application thereof is held invalid, the remainder of 21 this local law and the application therof to other persons or circumstances shall not be affected by 22 such holding and shall remain in full force and effect. 23 ?8. This local law shall take effect one hundred twenty days from the date it shall have become 24 law, but all actions necessary to prepare for the implementation of this local law may be taken prior 25 to its effective date.