Federal judge dismisses lawsuit against company operating school bus cameras

Long Island Morning Edition

A federal judge has dismissed a lawsuit filed against the company that operates school bus cameras in dozens of school districts across Long Island, which has generated tens of millions of dollars in fines from drivers. Payton Guion reports in NEWSDAY that United States District Court Judge Edgardo Ramos on Thursday rejected all claims made against BusPatrol America by plaintiff Sarah Morgulis, who got a ticket after allegedly passing a stopped school bus in West Hempstead in April 2023.

The lawsuit said that BusPatrol does not provide sufficient evidence when issuing tickets to drivers who allegedly pass stopped school buses and that the company has been essentially acting as a governmental agency in recording and issuing these violations, which start at $250.

Judge Ramos rejected each of the 13 claims, calling one "woefully insufficient."

"The court’s decision is a well-reasoned analysis of why each and every claim alleged by the plaintiff lacked merit," BusPatrol spokesman Gary Lewi said in a statement.

Morgulis’ lawsuit is not the first challenge to BusPatrol’s school bus camera programs on Long Island. One case in state Supreme Court is still pending.

Suffolk County resident Alfred Croce III tried to get his school bus citation tossed by the Suffolk County Traffic and Parking Violation in September 2022. When that failed, he escalated his case to the Appellate Division of the state Supreme Court.

Croce argued that the video captured by BusPatrol, and used as evidence for his citation, failed to prove the vehicle was actually a school bus and that it was stopped to drop off or pick up passengers, both of which are required under state law.

The three-judge appellate panel sided with Croce, saying that Suffolk County did not prove the bus was properly marked and equipped with flashing lights.

That ruling raised serious questions about Suffolk County’s school bus camera program, which was permitted by a 2019 state law. After the appeals court overturned Croce’s ticket for lack of evidence, Suffolk late last year paused prosecution on more than 9,000 citations for passing a stopped school bus.

Passing a stopped school bus brings a $250 fine for a first violation, increasing with subsequent violations.

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Long Islanders favor Republican Donald Trump in the presidential race, but Vice President Kamala Harris has given Democrats a significant boost statewide since replacing President Joe Biden on the ticket, according to new polls.

In a Newsday/Siena College survey of 507 likely voters on Long Island, Trump leads Harris 50% to 44%. There is a noticeable split by county: Nassau County residents give Harris a 3-percentage point lead while Suffolk gives Trump a 14-point edge. Yancey Roy reports on Newsday.com that in a statewide poll, Harris quickly has pulled in support where Biden had been lagging, Siena pollster Don Levy said. Whereas Biden led Trump by 8 points statewide in June, Harris has jumped to a 14-point lead (53%-39%) in a Siena poll conducted separately, but simultaneously with the Long Island poll.

The Newsday/Siena poll also asked Long Islanders their views on some key issues, finding they strongly support approving a statewide "equal rights amendment," banning smartphones in schools and amending a law that capped state and local tax deductions on federal tax returns.

The survey of 507 likely voters in Nassau and Suffolk counties was conducted July 28 to Aug. 1. The margin of error is 6.1 percentage points, meaning the answers to any one question could vary higher or lower by that amount.

Trump has a 6-point lead over Harris in a head-to-head match. When Siena asked about minor-party candidates, the margin remained the same.

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The North Fork Environmental Council presents a forum on the pros and cons of the emergent technology of Battery Energy Storage Systems this evening at 7 p.m. in the Peconic Landing Auditorium at 1500 Brecknock Road in Greenport. Beth Young in EAST END BEACON reports that this evening’s presentation will address the good, the bad, and the ugly of BESS featuring NFEC experts on the topic. Tonight’s event is FREE.

Find out more here.

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On the website of the federal Citizenship and Immigration Services agency, these words appear in big letters, announcing an even bigger policy shift: “Process to Promote the Unity and Stability of Families.”

For undocumented residents of the U.S. who have lived here for at least 10 years and are married to American citizens, that means that the government has opened up a new way to lawfully obtain a green card. It is “a key step toward fulfilling President Biden’s commitment to promoting family unity in the immigration system,” the Department of Homeland Security said in an announcement last week. Christine Sampson in THE EAST HAMPTON STAR reports that the change revolves around the concept of “parole in place,” meaning that people can wait out the green card process in the U.S. rather than having to go back to their home countries while their applications for lawful residence are processed. Before this policy shift, which was announced in June, that is what undocumented individuals had to do.

“The parole in place would be the equivalent to that lawful admission,” said Lucia Damerau, an immigration attorney for Organizacion Latino-Americana of Eastern Long Island (OLA).

“The main issue is how they entered [the U.S.]. That’s what’s preventing them from getting a green card — it’s looked at as a big violation.”

The measure is expected to allow about half a million people to remain in the country legally.

On the East End, with many communities that are home to large immigrant populations, OLA anticipates being unable, in most cases, to assist. That is because a family with a non-citizen spouse must make a minimum threshold of income in order to petition for a green card; OLA mostly helps people who don’t qualify under this.

Ms. Damerau said OLA hasn’t gotten many calls about it.

Johanna Sanchez, owner of Bilingual Law Practice in East Hampton and Riverhead, has done preliminary screenings for about 30 clients so far for eligibility under this new procedure. “I don’t have a specific number” of people on the East End who may qualify, she said, “but I can estimate it will probably be a couple of thousand people.”

While the government is not accepting applications until Aug. 19, both Ms. Sanchez and Ms. Damerau warned that scammers are already trying to take advantage of vulnerable people, claiming to be able to expedite their applications, for a fee.

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A charitable organization co-founded by Mayor Eric Adams’ brother auctioned off a dinner with Hizzoner during a south fork fundraiser over the weekend — raising eyebrows with ethics watchdogs.

But Angels Helpers, a non-profit that provides city youngsters access to arts and culture, said yesterday it would be pulling the prize after The NY Post asked whether the non-profit had cleared the dinner prize with the city’s Conflict of Interest Board.

It wasn’t clear who made the winning bid — upwards of $3,500, according to sources with knowledge of the event — for the dinner with the mayor and his brother Bernard Adams. Craig McCarthy reports in THE NY POST that the sit-down was auctioned off during a Saturday gala held at a sprawling, nearly $15 million estate in Southampton that offered a gourmet dinner and drinks, a performance by the singer Polina and live painting by the artist Ross Pino.

Billed as an “enchanting summer night,” tickets for the Angels Helpers event ran between $500 and $1,000. Bernard Adams, co-founder of Angels Helpers NYC and the mayor’s former head of security, promoted the event saying his brother Eric would be a special guest, but it doesn’t appear Hizzoner attended.

Pressed by The Post on whether the non-profit had cleared the dinner prize with the city’s Conflict of Interest Board, fellow co-founder Alisa Roever called it an “oversight.” She blamed the person holding the event for making a mistake before hanging up.

Roever was listed on the invitation as the chair of the gala, which was first reported by Politico.

A City Hall spokesperson stated that the mayor “was never asked about, never agreed to, and will not be participating in this dinner that was auctioned off without his permission.”

“If not already done, we expect the charity to immediately rectify the situation and fully refund the individual who made the bid,” the rep said.

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The Southold Town Planning Board has tabled a decision on the proposed Strong’s yacht storage project on Mattituck Inlet to its Sept. 9 meeting, in order to allow planning staff time to review a revised site plan submitted in mid-July. Beth Young in EAST END BEACON reports that Planning Board Chairman Jim Rich said at the board’s meeting yesterday that he anticipates the project will require a supplemental Environmental Impact Statement and that future public hearings will be held.

And tonight, The North Fork Environmental Council presents a forum on the pros and cons of the emergent technology of Battery Energy Storage Systems (BESS) this evening at 7 p.m. in the Peconic Landing Auditorium at 1500 Brecknock Road in Greenport.

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The Peconic Estuary Partnership is educating the community on responsible stewardship of our natural lands, including residential lawns. The organization has launched a number of initiatives to address the diverse issues that affect the estuary, including helping residents establish Peconic-friendly yards. Amanda Olsen in THE SUFFOLK TIMES reports that one concern is build-up of excessive nutrients in the Peconic estuary. These come from many sources, including agriculture, outdated cesspools and septic systems, residential fertilizer use, stormwater runoff, sewage treatment plants and animal waste. One result is loss of critical habitat, specifically salt marshes and eel grass, which are critical for both marine and avian life. Salt marshes filter out terrestrial pollutants, but increased nitrogen actually suppresses root growth in salt marsh plants. When the environment has an overabundance of nutrients, plants don’t need to develop strong roots that reach deep into the ground to find those nutrients. This makes them less effective as a storm barrier and in securing the coastline.

It’s also important to reduce the watering of yards because that excess moisture increases stormwater runoff. Added water input that flushes lawns, driveways, parking lots or streets becomes runoff and ends up directly in waterways. “Along the way it’s picking up things like motor oil, fertilizers, animal waste, all of these toxins.” Valerie Virgona, outreach and communications manager for PEP, said at a recent workshop.

It also makes sense to reduce fertilizer use to prevent overloading the water with nutrients. “We want to create green infrastructure to help filter that stormwater, we want to create habitat that supports wildlife and we want to prevent runoff from washing out of the yards,” Ms. Virgona said.

Stormwater that is filtered through soil, sand and gravel within rain or native plant gardens is dramatically cleaner when it enters the groundwater than water that runs through storm drains. Additionally, rain barrels offer an opportunity to catch rainwater and prevent it from becoming runoff.

The PEP website offers a variety of tools to aid homeowners in planning native plant gardens, including an easy-to-use database to help users choose plant species that will suit their needs. There is also a planning tool for yard layouts.

In addition, PEP has a rewards program through which homeowners can get a rebate of up to $500 on the purchase of native plants and rain barrels.

Both New York State and Suffolk County offer grant programs on septic system upgrades. Visit reclaimourwater.info for more information.