>> QUALIFIED IMMUNITY AND A MISTAKEN ARREST.

THE SYRACUSE AQUARIUM GOES OVER BUDGET AND A BACKLASH AGAINST NEW YORK'S EQUAL RIGHTS AMENDMENT STAY TUNED, IVORY TOWER IS NEXT.

♪ ♪ ♪ ♪ >> GOOD EVENING.

WELCOME TO IVORY TOWER.

I'M DAVID CHANATRY, FROM UTICA UNIVERSITY.

I'M JOINED AROUND THE TABLE TONIGHT BY NINA MOORE FROM COLGATE UNIVERSITY, BEN BAUGHMAN FROM GANNON UNIVERSITY, TARA ROSS FROM ONONDAGA COMMUNITY COLLEGE AND LUKE PERRY FROM UTICA UNIVERSITY.

THE LEGAL PRINCIPLE OF QUALIFIED IMMUNITY CAN SHIELD LAW ENFORCEMENT OFFICERS FROM LIABILITY.

IT OFTEN COMES UP IN THE CONTEXT OF A QUESTIONABLE SHOOTING BY POLICE.

BUT IN NEW JERSEY, U.S.

MARSHALS ARRESTED AND DETAINED A WOMAN WITH THE SAME NAME AS THE PERSON THEY WANTED.

SHE WAS JAILED FOR NEARLY TWO WEEKS, BUT NOW A JUDGE HAS RULED SHE CANNOT SUE THE MARSHALS BECAUSE THEY HAVE QUALIFIED IMMUNITY.

BEN, WHO SHOULD BE HELD ACCOUNTABLE FOR LAW ENFORCEMENT MISTAKES?

>> WELL, FOR LAW ENFORCEMENT MISTAKES, I WOULD SAY THE AGENCY THAT IS HIRING PEOPLE AND SCREENING PEOPLE THAT NEED TO BE TRUSTWORTHY AND COMPETENT.

AND IN ADDITION TO THAT, THEY NEED TO BE PROPERLY TRAINED WITH THE RELEVANT KNOWLEDGE AND HAVE SOME EXPERIENCE RELATED TO THINGS.

AND ALSO HAVE THE EDUCATION NECESSARY TO DEAL WITH A WIDE RANGE OF THINGS.

IN THIS KIND OF CASE, YOU HAVE MULTIPLE JURISDICTIONS INVOLVED, BECAUSE THE MARSHALS ARRESTED HER AND WOULD HAVE TAKEN HER TO A LOCAL JAIL WHERE SHE WOULD HAVE BEEN PROCESSED.

AT THAT POINT, THE FINGERPRINTS SHOULD HAVE BEEN TAKEN.

SOMETIMES THAT COULD BE DOWN.

OR THE PERSON THAT WAS ACTUALLY HAD THE WARRANT OUT FOR ARREST MAY NOT HAVE BEEN IN THE SYSTEM.

>> IN THIS CASE, THE WOMAN WANTS TO SUE THE MARSHALS BUT THE MARSHALS MAY HAVE MADE THE ARREST BUT WERE NOT NECESSARILY THE ONES WHO KEPT HER IN JAIL FOR SOME PERIOD OF TIME.

>> YEAH, AND IN THIS CASE, SHE WANTED TO, AND IN FACT, DID NAME I THINK IT WAS SIX MARSHALS IN THE LAWSUIT ALONG WITH 30 OTHER PEOPLE, SO THIS RULING OUT OF THE THIRD CIRCUIT HAD SPECIFICALLY TO DO WITH WHETHER THE ARRESTING MARSHALS WERE TO BE BLAMED.

AND IN THIS CASE, I WOULD HAVE TO SAY NO BECAUSE THEY WERE ACTING ON THE BASIS OF A CONSTITUTIONALLY VALID WARRANT.

THEY WERE ALSO PROVIDED AS AN ATTACHMENT A COPY OF HER DRIVER'S LICENSE WITH HER ADDRESS.

AND THEN THIRDLY, THEY WERE NOT RESPONSIBLE FOR THE DETENTION.

IN FACT THE SAME DAY THAT SHE WAS ARRESTED, SHE WAS PROCESSED.

SHE WAS BOOKED AND THEY ONLY ASSISTED WITH THE BOOKING.

THIS WAS NOT A CASE THIS WAS A CASE OF A FAILURE TO IDENTIFY BECAUSE BEFORE THEY TRANSFERRED HER FROM NEW JERSEY TO PENNSYLVANIA, IT WAS SOMEBODY'S JOB TO ENSURE THAT IN FACT IT WAS THE RIGHT PERSON BECAUSE THE CASE, HER HAVING ABSCONDED OR WHOEVER THE PERSON WAS, THAT WAS BACK IN 1993, SO SURELY YOU WANT TO KNOW DO WE HAVE THE RIGHT PERSON.

>> THE MARSHALS DID NOT MAKE THE MISTAKE.

THE QUALIFIED I MUNTD APPLIES TO THE MARSHALS BUT THE OTHER 30 INDIVIDUALS WE DON'T KNOW.

THOSE WHO PROCESSED HER, BOOKED HER AND TRANSFERRED HER.

>> BACK TO BEN'S POINT ABOUT TRAINING.

>> LAW ENFORCEMENT IS A VERY DIFFICULT JOB BUT THEIR PRIMARY PURPOSE IS TO KEEP PEOPLE SAFE.

AND IN THIS SITUATION, THROUGHOUT THE ENTIRE CHAIN OF COMMAND, IT SEEMS LIKE AN INDIVIDUAL WAS PUT IN DANGER AND I THINK SHOULD HAVE RECOURSE LEGALLY NINA DOES A GOOD JOB PARSING THE TECHNICALITIES.

I'M NOT SURE THE MARSHALS SHOULD BE HELD LIABLE BUT THE PEOPLE WHO DETAINED THIS WOMAN FOR A PERIOD OF TIME SHOULD.

I HAVE TO POINT OUT IF SOMEONE LIKE BEN OR I WERE IN THIS SITUATION AND MISTAKENLY DETAINED, RATHER THAN A BLACK WOMAN FROM JAMAICA, I THINK IT IS MUCH MORE LIKELY WITHIN 24 HOURS OR SHORTER THIS WOULD HAVE BEEN SORTED OUT.

THERE IS ANOTHER LEVEL OF CONCERN FOR THIS CONVERSATION.

>> SHOULD THERE BE LIMITS ON THE IDEA OF QUALIFIED IMMUNITY?

>> ABSOLUTELY.

QUAL QUALIFIED IMMUNITY HAS BEEN-- MOVING BEYOND THIS CASE, QUALIFIED IMMUNITY HAS BEEN USED TO ALLOW POLICE TO GET AWAY WITH POLICE BRUTALITY, YOU KNOW, FAILURE TO CHECK ALL OF THEIR FACTS IN TERMS OF GOING TO THE WRONG ADDRESS.

SHOOTING SOMEONE WHO WAS COMING HOME, HAD HIS KEYS IN THE DOOR AND, YOU KNOW, WITH HIS SUBWAY SANDWICH IN HIS HAND.

SO QUALIFIED IMMUNITY HAS BEEN USED TO ALLOW POLICE TO MAKE SOME REALLY EGREGIOUS-- AND I'M GOING TO USE IN WORD IN TERMS MISTAKES.

SOMETIMES THERE IS A QUESTION WHETHER IT REALLY WAS A MISTAKE, BUT MISTAKES.

PART OF THE CONCERN, I THINK FOR THE AVERAGE CITIZEN AND CERTAINLY PEOPLE OF COLOR, IS THAT QUALIFIED IMMUNITY TAKES AWAY RESPONSIBILITY.

THE REST OF US HAVE TO TAKE RESPONSIBILITY FOR OUR ACTIONS.

WHY SHOULDN'T LAW ENFORCEMENT AND BROADER GOVERNMENT, BECAUSE QUALIFIED IMMUNITY DOES APPLY TO NOT JUST LAW ENFORCEMENT.

BROADER GOVERNMENTAL OFFICIALS.

WHY SHOULDN'T THEY HAVE TO TAKE RESPONSIBILITY FOR THEIR ACTIONS AS WELL?

>> SEVERAL STATES HAVE PASSED LAWS PROHIBITING OR LIMITING QUALIFIED IMMUNITY.

SHOULD NEW YORK?

>> NO.

IT IS ABSOLUTELY NECESSARY TO CONTINUE TO HAVE OFFICERS IN OUR ENVIRONMENT WHERE THEY HAVE TO MAKE DECISIONS SPLIT SECOND DECISIONS, USUALLY REACTIVE DECISIONS IN A HIGH RISK, LOW FREQUENCY EVENT WITH NO TIME TO THINK IT THROUGH.

THEY ABSOLUTELY NEED THE PROTECTION.

BUT IT IS UP TO THE AGENCY TO MAKE SURE THEY HAVE TRAINING THAT IS RELEVANT AND THAT THEY CAN MAKE THOSE DECISIONS PROPERLY.

IF YOU ARE PUTTING THE OFFICER AT RISK IN ADDITION TO THEIR LIVES AND THEIR FAMILIES, THAT IS UNACCEPTABLE.

>> THAT'S THE JOB THEY SIGN UP FOR.

AND ALL OF US ARE RESPONSIBLE... >> THEY WERE BUT NOT TO THE SAME RATE THEY ARE NOW.

WE HAVE HAD OVER 250 OFFICERS SHOT THIS YEAR.

>> IF IN FACT THERE IS AN INSTANCE IN WHICH YOU HAVE BOTH A QUESTION OF QUALIFIED IMMUNITY FOR THE INDIVIDUAL AS OPPOSED TO QUALIFIED IMMUNITY FOR THE PERSON WHO IS ACTING ON THE JOB, ABSOLUTELY THE ACTIONS THAT ARE TAKEN UNDER COLOR OF LAW PROVIDED THAT THEY ARE WITHIN THE PARAMETERS THAT HAVE BEEN SET BY THE HIRING AGENCY, IF THOSE FALL SHORT, ABSOLUTELY THAT OFFICER SHOULD BE HELD RESPONSIBLE AS WOULD ANY OTHER EMPLOYER.

NOW, TO YOUR POINT, OF WHETHER THEY SHOULD BE SUED PERSONALLY, THAT'S SOMETHING TO CONSIDER.

NOT JUST BECAUSE SOMEHOW THEY DON'T KNOW WHAT IS GOING ON.

SOME OF THESE CASES ARE REALLY EGREGIOUS THAT WE ARE TALKING ABOUT.

BUT THERE'S ALSO THE ISSUE OF US HAVING FEWER AND FEWER FOLKS WHO WANT TO GO INTO LAW ENFORCEMENT.

SO PERHAPS THE FIX IS LET'S START REQUIRING EDUCATIONAL REQUIREMENTS FOR LAW ENFORCEMENT OFFICERS, WHICH WE DON'T.

>> QUALIFIED IMMUNITY DOESN'T COVER EGREGIOUS ACTIONS.

THAT IS NOT COVERED.

IT'S COVERED-- >> THIS IS EGREGIOUS.

IN MY OPINION.

>> THE TOTAL CIRCUMSTANCE IS EGREGIOUS WITH MULTIPLE JURISDICTION THAT DROPPED THE BALL ON WHO THIS PERSON REALLY WAS.

UNFORTUNATELY, IF WE TOOK PEOPLE'S WORDS THAT THEY ARE NOT ACTUALLY THE PERSON THAT COMMITTED THE CRIME AND THEY'RE INNOCENT, WE WOULD NOT HAVE ANYBODY IN PRISON.

>> THE ONLY THING THAT WAS NECESSARY HERE TO CORRECT THIS WAS SOMETHING THAT HAPPENS EVERY TIME SOMEONE IS TAKEN INTO CUSTODY AND THAT THEIR FINGERPRINTS.

IT TOOK THEM OVER TWO WEEKS SIMPLY TO FINGERPRINT THIS WOMAN AND TO FIND THAT HER FINGERPRINTS DID NOT MATCH.

I GO BACK TO MY ORIGINAL POINT, WHICH IS IF YOU ARE TALKING ABOUT SOMEONE WHO ABSCONDED IN 1993 AND HERE WE ARE IN 2019 AND YOU THINK YOU HAVE ALL OF THE CORRECT INFORMATION?

IT TAKES A KINDERGARTENER TO KNOW WE NEED TO CHECK AND KNOW OUR FACTS.

>> LARGE CONSTRUCTION PROJECTS ALWAYS SEEM TO COST MORE THAN INITIALLY BUDGETED.

THE SYRACUSE INNER HARBOR AQUARIUM IS NO EXCEPTION.

THE $85 MILLION BUDGETED FOR THE PROJECT NOW LOOKS TO BE SHORT.

ONONDAGA COUNTY IS LOOKING FOR PRIVATE INVESTORS TO HELP PAY THE COST.

COUNTY EXECUTIVE RYAN MCMAHON SAYS HE RESERVES THE RIGHT TO ASK THE LEGISLATURE FOR MORE MONEY IF NECESSARY.

IS THE COUNTY THROWING GOOD MONEY AFTER BAD TO PURSUE THIS PROJECT?

IS THE COUNTY THROWING GOOD MONEY AFTER BAD WITH THIS PROJECT.

>> INITIALLY I THOUGHT IT WAS BUT THEN I DID SOME RESEARCH ON AQUARIUMS AND HOW AQUARIUMS HAVE BOOSTED THE LOCAL ECONOMY; CERTAINLY WE MAY NOT DO AS WELL AS THE AQUARIUM IN BALTIMORE DID OR THE AQUARIUM BUILT IN VIRGINIA BEACH.

OF COURSE VIRGINIA BEACH HAS OTHER THINGS TO BRING PEOPLE TO IT.

BUT IN MANY, MANY AREAS, AQUARIUMS ACTUALLY HAVE BROUGHT IN MORE MONEY TO THE COMMUNITY, THEY HAVE PROVIDED JOBS.

I REALLY AM RETHINKING WHETHER OR NOT THIS IS PUTTING GOOD MONEY AFTER BAD.

THE OTHER ISSUE IS, THE COUNTY EXECUTIVE HAS MADE A COMPARISON WITH THE ZOO AND I CHECKED INTO THE FINANCIALS OF THE ZOO AND OTHER THAN DURING THE YEAR OF COVID, THE ZOO HAS MADE A PROFIT EVERY YEAR.

SO I THINK THIS CAN BE A MONEY MAKER FOR THE COMMUNITY.

I WOULD JUST SAY, PROBABLY PART OF THE PROBLEM HERE IS THAT THIS IS STILL SEEN AS THE COUNTY EXECUTIVE'S AQUARIUM, NOT THE COMMUNITY'S AQUARIUM.

SO THE PROBLEM MAY BE HOW IT'S BEING PROMOTED NOT WHETHER IT'S PUTTING GOOD MONEY AFTER BAD.

>> MAYBE IT TAKES IT BEING BUILT TO MAKE IT THE COMMUNITY'S AQUARIUM.

>> ABSOLUTELY.

>> THE FEASIBILITY STUDY THAT WAS DONE ESTIMATESSED THAT IT WILL PULL IN NEARLY HALF A MILLION VISITORS AYEAR AND GENERATE $50 MILLION IN ECONOMIC ACTIVITY, WHICH SEEMS LIKE A LOT.

BUT YOU MAKE A GOOD POINT.

THE AREA, THE INNER HARBOR NEEDS SOMETHING.

LUKE.

>> I THINK THIS IS A DIFFICULT ISSUE.

I THINK IN SOME WAYS CERTAINLY AN AQUARIUM COULD BE HELPFUL IN TERMS OF ECONOMIC DEVELOPMENT AND THE CITY.

WHEN I THINK OF THE ZOO AND PEOPLE THAT WOULD COME, YOU ARE USUALLY OR DEALING WITH YOUNGER CHILDREN THERE THAT GO TO THE ZOO, GO TO THE SCIENCE MUSEUM.

I USED TO DO THAT WITH MY KIDS ALL THE TIME COMING FROM THE UTICA AREA.

THE AQUARIUM WOULD ATTRACT OLDER KIDS LIKE MY KIDS NOW.

THAT WOULD BE SOMETHING WOULD I DO, COME AND SPEND MONEY, AND OTHER PEOPLE AS WELL.

PART OF ME IF I WAS IN A PUBLIC ADMINISTRATION PERSPECTIVE, I WOULD SAY IT IS A GOOD IDEA, WE HAD BONUS MONEY FROM COVID AND IF WE NEED EXTRA MONEY, GET SPONSORS AND NAMING RIGHTS AND TAKE CARE OF THAT.

AT THE SAME TIME I ALSO THINK ABOUT $85 MILLION AND HOW ELSE THAT MONEY COULD BE USED AND THINK ABOUT ISSUES LIKE CHILD POVERTY WHICH IS SOMETHING NINA AND HAVE I RAISED ON THIS SHOW SEVERAL TIMES AND WONDER IF THERE IS A BETTER WAY TO SPEND THE BONUS MONEY TO MORE DIRECTLY HELP THE PEOPLE THAT ARE MOST IN NEED.

AND THAT'S THE STRUGGLE IN TRYING TO MAKE THE DECISION.

>> NINA, SYRACUSE IS A POVERTY STRICKEN CITY WITH A NUMBER OF PROBLEMS INCLUDING LEAD WHICH NEEDS TO BE REMEDIATED AND, YOU KNOW, THOSE KIDS WHO MIGHT GO TO THE AQUARIUM ARE OFTEN DRINKING, YOU KNOW, WATER THAT HAS LEAD IN IT.

>> AND SCHOOLS THAT ALSO HAVE TO BE IMPROVED.

I BO SAY TO THAT THAT THERE IS ALWAYS SOMETHING ELSE THAT MONEY COULD BE SPENT ON.

AND I AGREE WITH LUKE THAT GIVEN THE SEVERITY OF THE POVERTY PROBLEM HERE, THAT MIGHT BE THE NEXT GO TO.

HOWEVER, AT THE SAME TIME, AT SOME POINT, WE HAVE TO BEGIN THINKING ABOUT WAYS TO REDRESS A POVERTY OTHER THAN JUST THROWING MORE MONEY AT IT, BUT SIMPLY BY WAY OF BRINGING OTHER FOLKS IN.

AND SO I JUST HAVE A PERSONAL AFFINITY FOR THIS PROJECT BECAUSE I GREW UP IN CHICAGO WHERE WE HAVE THE SHED AQUARIUM, WHICH IS ONE OF IF NOT THE OLDEST AQUARIUMS IN THE COUNTRY, HAVE BEEN BEEN BUILT IN 1930.

AND THEY BROUGHT IN THAT AQUARIUM HAS BROUGHT IN TWO MILLION VISITORS, THAT'S ROUGHLY THE AVERAGE EACH YEAR.

$95 MILLION IN REVENUE.

SO I THINK THERE IS THE POTENTIAL HERE WHO BRING IN MORE MONEY TO RAISE THE TAX BASE IN WAYS THAT WOULD HELP POVERTY, BUT ALSO JUST BOOST THE QUALITY OF LIVING HERE IN ONONDAGA COUNTY.

>> IF THAT'S HOW MUCH MONEY IS COMING INTO CHICAGO, IT MAKES ME WONDER ABOUT THE SYRACUSE FEASIBILITY STUDY BECAUSE WE ARE, YOU KNOW, WITH IS 50,000 PEOPLE IN THE-- 150,000 PEOPLE IN THE AREA.

THE REASON THE COST HAS GONE UP, ONE REASONS BECAUSE LABOR COSTS HAVE GONE UP AND THERE ARE LABOR SHORTAGES.

I WONDER IF THIS HAS ANY FORESHADOWING WHAT MIGHT HAPPENED WITH BUILDING MICRON, FOR INSTANCE.

>> THAT IS A GREAT POINT.

AND WE ARE GOING TO HEAR, I THINK TODAY, THE JOBS REPORT.

IT'S COMING OUT VERY SOON.

BUT WHAT IT'S BEEN TRENDING IS DOWN AS FAR AS THE AMOUNT OF OPEN JOBS.

SO WHAT I WANT TO GO BACK TO IS TARA'S POINT, WHICH WAS THIS ADDITIONAL REVENUE STREAM.

IF IT IS GOING TO BRING IN ADDITION L REVENUE TO BE PULLED FOR TO ADDRESS THE PROBLEMS OF POVERTY, THAT'S GOING TO BE SOMETHING THAT WE WOULD WANT TO HAVE IN SYRACUSE.

>> AND I THINK THE ESTIMATE WAS ALMOST $800,000 IN NEW SALES AND HOTEL TAX.

>> AND TO YOUR POINT ABOUT HOTELS, I WOULD HOPE THAT THIS IS PART OF A COMPREHENSIVE PLAN OF ENTERTAINMENT FOR SYRACUSE.

SO I ABSOLUTELY LOVE ONONDAGA LAKE PARKWAY AND THERE IS THE ZOO WE TALKED ABOUT BUT THE SHED AQUARIUM THAT I MENTIONED BEFORE, IS PART OF A LARGER MUSEUM CAMPUS SO IT'S NOT A STAND ALONE.

YOU CAN LEAVE THERE AND GO TO THE PLAN TEAR PLANETARIUM-- AND... >> THE LAKE SEEMS LIKE IT COULD BE A RESOURCE AS IT GETS CLEANER.

NOW, ON THE BALLOT THIS FALL IN NEW YORK, AN EQUAL RIGHTS AMENDMENT TO THE STATE CONSTITUTION.

PROPOSITION ONE WAS PUSHED BY DEMOCRATS AS A WAY TO PROTECT ABORTION RIGHTS.

IT HAD THE ADDED APPEAL OF BOOSTING TURNOUT IN KEY RACES.

THIS E-R-A WOULD PROHIBIT DISCRIMINATION BASED ON SEXUAL ORIENTATION, PREGNANCY, PREGNANCY OUTCOMES, REPRODUCTIVE HEALTHCARE AND AUTONOMY, GENDER IDENTITY AND GENDER EXPRESSION.

BUT A PUSH TO DEFEAT IT BASED ON THOSE PROTECTIONS FOR TRANSGENDER RIGHTS HAS GALVANIZED OPPOSITION AND COULD BOOST CONSERVATIVE TURNOUT.

SHOULD THE ERA PASS?

>> THE ANSWER IS YES, THAT THE E.R.A.

EFFORTS BEGAN AT THE NATIONAL EFFORTS AS FAR BACK AS THE EARLY 1970s AND IT IS ODD TO ME, CONTINUES TO BE ODD THAT WE DON'T HAVE, WITHIN THE CONSTITUTION, A SPECIFIC BAN ON THE BASIS OF SEX, SEXUAL ORIENTATION AND SO FORTH; HOWEVER, WHAT MANY ARE BILLING THIS AS AS A WAY OF PROTECTING ABORTION RIGHTS AND I'M HARD PRESSED TO SEE THE SPECIFIC LEGAL PATHWAYS THROUGH WHICH THIS WOULD BE ACCOMPLISHED.

CERTAINLY THERE IS LANGUAGE IN THERE ABOUT REPRODUCTIVE FREEDOM AND RIGHTS BUT WHAT IS MISSING IS THE BIG ELEPHANT IN THE ROOM.

HOW DO YOU COUNTERBALANCE THAT RIGHT WITH THE RIGHT OF THE FETUS TO LIVE AND THAT IS HOW ABORTION HAS BEEN SORT OF MEDIATED, NEGOTIATED ALL ACROSS THE COUNTRY.

SO THERE IS THAT ISSUE.

TO GRANT THE RIGHT TO AN ABORTION DOESN'T MEAN ANYTHING IF YOU ARE ALSO NOT BALANCING THE RIGHT OF THE FETUS TO LIVE.

THE OTHER THING I WOULD SAY IS, BY ADDING THESE OTHER ELEMENTS, WHICH ARE ALL WORTHY OF BEING SUPPORTED, GENDER IDENTITY, SEXUAL ORIENTATION, AS YOU POINTED OUT, BY ADDING THOSE, YOU'VE COMPLICATED THE LIKELIHOOD OF IT MOVING THROUGH SMOOTHLY.

BUT BOTTOM LINE IS, NEW YORK IS AS BLUE AS IT'S GOING TO GET.

THIS IS GOING TO PASS WITH OR WITHOUT THOSE ELEMENTS.

>> THE LANGUAGE DOES SEEM A BIT CONFUSING AND I WONDER IF IT SORT OF WAS TOO CLEVER BY HALF IN THE WAY IT WAS PUT TOGETHER.

LUKE.

>> I THINK THE PROPOSERS ARE TRYING TO DO A LOT BY PUTTING TRANSGENDER RIGHTS IN THERE ALONG WITH ABORTION, I THINK THERE IS POLITICAL RISK AND REWARD IF IT IS SUCCESSFUL, THEN YOU GET MORE IN TERMS OF EXPANDING CIVIL RIGHTS.

IF IT'S NOT, CRITICS WILL LOOK AT THE LANGUAGE.

I THINK YOU ARE RIGHT, NEEPA, THERE IS A DEBATE ABOUT WHETHER IT'S ZYGOTES AND FETUS SHOULD HAVE RIGHTS IN A POLITICAL GOVERNING SENSE LIKE BORN HUMAN BEINGS.

I DON'T THINK THAT IS A DEBATE THAT IS LIVELY IN NEW YORK.

MAJORITY OF NEW YORKERS, AS YOU POINTED OUT, DON'T THINK THAT.

SO I DON'T THINK THAT IS AS MUCH A CONCERN HERE.

I'M MORE INTERESTED IN THE LANGUAGE AND HOW THAT WILL BE INTERN-- INTERPRETED JUDICIALLY.

THE LANGUAGE DOESN'T SAY ABORTION, IT HAS REPRODUCTION AND HEALTHCARE AND THE THINGS DAVE MENTIONED EARLIER.

THAT CREATES A GRAY AREA IN TERMS OF JURISPRUDENCE.

>> TO BOTH POINTS, THIS WAS STARTED BEFORE ROE V. WADE WAS OVERTURNED, THIS PROCESS.

BY LIZ KRUEGER OUT OF MANHATTAN, ONE OF OUR STATE SENATORS.

AND WILL WHOLE-- AND THE WHOLE IDEA WAS TO PROTECT DISCRIMINATION BEYOND RACE AND RELIGION BECAUSE THAT'S THE ONLY THING COVERED CURRENTLY IN THE STATE CONSTITUTION.

>> TARA.

>> THIS IS A TOUGH ONE FOR ME BECAUSE I THINK THIS WAS A CASE OF THE CURRENT PROPONENTS WHO HAVE BROUGHT THIS BACK IN TERMS OF NEW YORK PROPOSITION 1, TRYING TO BE TOO CLEVER IN HOW THEY WORDED IT.

AND WHAT THEY ALLOWED THEMSELVES TO DO WAS BE OPEN TO, BY ADDING IN ALL OF THE OTHER PROTECTIONS, THEY, IN A SENSE, ALLOWED THEMSELVES TO BE OPEN TO PEOPLE WHO WERE CONCERNED ABOUT, FOR EXAMPLE, PARENTAL RIGHTS AND THE RIGHTS TO HELP REAR THEIR CHILDREN IN THEIR OWN WAY, ET CETERA.

SO I WOULDN'T MIND THIS BILL BUT I WOULD LIKE IT TO BE ACTUALLY, YOU KNOW, RESCINDED OR TAKEN BACK, CLEAN IT UP, MAKE IT TIGHTER, CLEARER AND THEN BROUGHT BACK AGAIN.

>> AND THERE IS AN OPPOSITION BEING GALVANIZED FOR EXACTLY THE POINTS YOU MENTIONED.

NINA.

>> GO AHEAD.

>> SO THE OPPOSITION, I DON'T THINK IS GOING TO STOP IT FROM BEING RATIFIED HERE IN NEW YORK; HOWEVER, I DO SEE A CHALLENGE IN FEDERAL COURTS, PERHAPS ON THE PART OF CATHOLIC HOSPITALS AND OTHER RELIGIOUS ORGANIZATIONS THAT WILL ASSERT THEIR RIGHT TO FREEDOM AND THE PRACTICE OF FREEDOM AND SO IT COULD FALL ON THOSE GROUNDS.

>> JUST REAL QUICK.

THE IRONIC PART IS THAT THIS PROPOSITION NEEDS TO BE WRITTEN AT AN EIGHTH GRADE LEVEL FOR IT TO BE VOTED ON.

SO I THINK IT'S IRONIC THAT WE ARE TALKING ABOUT HOW DIFFICULT THIS BILL CURRENTLY IS.

>> AND I'M NOT SURE IT IS WRITTEN ON AN EIGHTH GRADE LEVEL.

>> IT DEFINITELY IS NOT.

>> I RED THROUGH IT AND... >> SOME EIGHTH GRADERS.

>> NOT ME WHEN I WAS IN EIGHTH GRADE.

>> MY KIDS, YEAH, YEAH.

>> AND ME, TOO, RIGHT?

>> WE WANT TO GO TO OUR AS AND FS AND WE'LL BEGIN NINA WITH YOUR F. >> IN SOME CASES WE ARE WONDERING WHAT THE WORLD IS COMING TO.

RELL WELL RESEARCH CONFIRMS I.Q.

LEVELS HAVE BEEN FALLING EVER SINCE 1975.

THE TREND IS OBSERVED NOT JUST IN THE U.S.

BUT IN NORWAY, BRITAIN, FRANCE AND THE NETHERLANDS.

SOME OF THE CAUSES INCLUDE CHANGES IN EDUCATION SYSTEMS, NUTRITION, MEDIA CONSUMPTION AND GUESS WHAT?

THE PRESENCE OF A SMART PHONE.

APPARENTLY OUR SMART PHONES ARE MAKING US LESS SMART.

>> JUST SAY DUMB.

THEY'RE MAKING US DUMB.

>> SPEAK FOR YOURSELF, DAVE.

>> BEN YOUR F. >> MY F GOES TO THE FATHER OF THE ACTIVE SHOOTER THIS WEEK.

COLLIN GRAY, NOT ONLY DID HE BUY HIS 14-YEAR-OLD SON AN AR 15 FOR CHRISTMAS.

THIS WAS AFTER HIS SON HAD BEEN QUESTIONED BY THE FBI LAST YEAR FOR POSTING ON DISCORD THAT HE WAS GOING TO SHOOT UP THE SCHOOL.

IN ADDITION TO KNOWING THAT HIS SON WAS STRUGGLING WITH MENTAL HEALTH PROBLEMS AND ALSO PROVIDING COMPLETE ACCESS 24 HOURS A DAY TO THE WEAPON THAT HE USED TO KILL TWO PEOPLE AND SEVERELY JIR INSURE SEVERAL OTHERS.

>> TWO TEACHERS WERE ALSO SLAIN.

>> MY F GOES TO CHICK-FIL-A AND FRANCHISE OWNER IN CALIFORNIA FOR THEIR LIMITED RESPONSE TO A RACIST ACTION BY ONE OF THE FRANCHISE EMPLOYEES.

WHEN A CUSTOMER WAS IDENTIFIED NOT BY NAME BUT AS MONKEY ON HIS RECEIPT, Mr. VAN SI EGO FOLLOWED APPROPRIATE PROTOCOL.

ASKED TO SPEAK WITH THE MANAGER AND CONTACTED THE CHICK-FIL-A CORPORATE OFFICE.

WHILE HE RECEIVED AN POLLING FROM BOTH THE FRANCHISE OWNER AND CHICK-FIL-A, BOTH THE FRANCHISE OWNER AND CHICK-FIL-A DECLINED TO ACTUALLY GIVE COUNSELING TO THE EMPLOYEE.

SO WHAT WAS AN APPROPRIATE TEACHABLE MOMENT FOR A TEENAGER WAS SORELY MISSED.

>> LUKE.

>> MY F ALSO HAS TO DO WITH GUN VIOLENCE.

THIS CENTURY 383,000 CHILDREN HAVE BEEN EXPOSED TO GUN VIOLENCE IN SCHOOLS.

WE ARE ALL FAILING OUR KIDS.

>> TIME FOR THE As.

NINA.

>> THERE ARE TWO THINGS THAT I ENJOYED MOST AT THE NEW YORK STATE FAIR THIS YEAR.

MY FIRST EVER LOBSTER ROLL, BUT MORE THAN THAT, ALL OF THE YOUTH WORKERS IN THE PARKING LOT AND ALL THROUGHOUT THE FAIRGROUNDS, IT REMINDED ME OF MY FIRST JOB WHEN I WAS IN THE PROJECTS AT 12 YEARS OLD IN CHICAGO.

IT WAS AN EXPERIENCE THAT I AND HOPEFULLY LIKE ALL OF THESE YOUTH WILL BENEFIT FROM FOR THE REST OF THEIR LIVES.

KUDOS TO ALL OF THE PLANNERS WHO MADE THAT HAPPEN.

>> MY A IS GOING TO STUDENT-RUN NEWSPAPER CALLED THE STANFORD DAILY WHICH EXPOSED A'S FAILBILITY THIS WEEK.

DUE TO A SATIRE THEY HAD WRITTEN IN THE NEWSPAPER.

A.I.

PLATFORMS ARE STILL CURRENTLY CONFIDENTLY REPORTING THAT IT IS GOING TO BUY STANFORD UNIVERSITY FOR $$139 MILLION AND RE-- $139 BILLION AND RENAME IT X.

>> MY A GOES TO MAINTENANCE WORKERS ON COLLEGE CAMPUSES EVERYWHERE.

OVER THE LAST FEW WEEKS, THEY HAVE WORKED VERY, VERY HARD TO GET US ALL PREPARED FOR THE START OF THE NEW ACADEMIC YEAR.

THEIR WORK IS CERTAINLY UNDER APPRECIATED AND RARELY APPLAUDED.

>> LUKE.

>> MY A GOES TO EZRA FRECH, A 19 YEEFERLD AMERICAN PARA OLYMPIAN WHO RECENTLY RAN 100 METERS TO WARM UP FOR THE HIGH JUMP AND WON GOLD IN BOTH.

>> QUICK POINT BEN ON YOUR F ON THE FATHER OF THE SHOOTER IN GEORGIA.

HE NOW HAS BEEN ARRESTED AND CHARGED IN FACT WITH SECOND DEGREE MURDER AND THE PARENTS OF THE SHOOTER IN MICHIGAN A YEAR OR TWO AGO HAVE ALSO BEEN TRIED.

WE ARE SEEING ACCOUNTABILITY.

>> HE SHOULD BE CONVICTED AS WELL.

>> THANK YOU FOR JOINING US THIS EVENING.

FOR COMMENTS YOU CAN WRITE TO THE ADDRESS ON YOUR SCREEN.

IF YOU WOULD LIKE TO VIEW THE SHOW AGAIN YOU CAN VIEW IT ONLINE AT WCNY.ORG.

I'M DAVID CHANATRY, FOR ALL OF US AT IVORY TOWER, HAVE A GOOD NIGHT.

INJURED INJURE RED READ