Letters to the Editor on Proposition 1
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- Written by: Joanne Wallenstein
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This letter was submitted by Will Brennan of 10 Tunstall Road Scarsdale and does not reflect the views of the publisher of Scarsdale10583.com as published on our pages.
To the Editor,
Constitutional amendments like Prop 1 (called the New York Equal Rights Amendment by its proponents) should be clearly written and clearly understood by the public before they are adopted. Unfortunately, New York’s Democratic Party appears to have decided that obscuring what Prop 1 says and does better suits their electoral interests. Thus, the Scarsdale Democratic Party’s October 9th Letter to the Editor is woefully inaccurate and misleading in its effort to promote Prop 1. This amendment will make significant, undiscussed changes to New York law, and potentially will alter not only abortion laws and parental rights, but also the application of criminal laws to minors, as well as laws regulating driving, marriage, alcohol/marijuana, and firearms.
First, it’s never a good sign when the proponents of a constitutional amendment fail to link to the actual wording – it is here.
Second, the Scarsdale Democratic Party’s primary selling point for Prop 1 is that “Prop 1 does nothing to change existing law—it does not create any new rights or protections” because it merely “enshrines [existing] rights and protections in the New York Constitution.” This is both implausible – if it doesn’t change existing law, what’s the point? – and inaccurate on multiple grounds.
To begin, constitutionalizing rights previously granted by statute does change them: it gives such rights much more authority in case of a conflict between these rights and other state policies. Put simply, constitutionalized rights almost always win out in conflicts between those rights and other government priorities. More importantly, Prop 1 would create new rights – including rights that appear to be unintended by Prop 1’s drafters – that go well beyond existing law.
For example, New York already has statutory age discrimination laws, but these are limited to specific contexts (e.g., employment) and don’t apply to all ages (child labor laws actually require discrimination against minors in many contexts). Prop 1’s constitutionalized ban on all age-based discrimination would sweep far more broadly. On its face, forbidding laws that discriminate based on age would abolish age limits in driving, marriage, purchasing and consuming alcohol and cannabis, and possessing firearms. Our existing laws that give leniency to minors who commit criminal acts constitute de facto discrimination against older offenders – so does Prop 1 mean we will have to punish children more, or adults less? The Scarsdale Democratic Party’s Letter to the Editor also assures voters that Prop 1 would not impact parental rights, but fails to explain how parental rights could be unaffected once laws that discriminate on the basis of age are invalidated. Parental rights are fundamentally age-based -- they depend on the government’s ability to recognize that minors should not have the full set of civil rights exercised by adults. 
Prop 1 proponents may claim that the New York courts could find a way to avoid striking down at least some of those existing laws and rights, but what does it say about Prop 1 if we have to hope that it won’t be implemented as written?
Third, while Prop 1’s abortion-related wording is not at all clear – it doesn’t even mention the word “abortion” – the Scarsdale Democratic Party assures us that Prop 1 would not change New York’s existing 24-week threshold and the rules that govern abortion after 24 weeks. But no explanation is offered as to how this can be true when Prop 1’s plain text does not indicate any limit at all on abortion rights, let alone the specific 24-week threshold in existing law. It thus seems far more likely that Prop 1 will operate to change New York’s abortion laws than to preserve them and, since Prop 1’s wording is so opaque, it’s not clear what the result will be.
Finally, it is especially problematic that Prop 1’s “Form of Submission”, the description that voters will see on their ballots, fails to adequately describe the proposed amendment. Specifically, the ballot will not describe Prop 1’s Section b, which permits the government to make laws and regulations that do discriminate against protected classes as long as the government claims that such discrimination was needed to “prevent or dismantle” some other discrimination. Thus, Section b arguably increases the power of New York law-makers, since the existing New York Constitution does not have a “good intentions” exception for governmental discrimination. People can absolutely disagree in good faith about whether our state government should be granted the power to discriminate against people based on their group identity when law-makers say they mean to help, but surely the Legislature’s request for a new power to discriminate should be clearly described to the voters.
Prop 1’s proponents should be willing to defend Prop 1’s changes – both intentional and accidental – as part of an honest and open debate, but that’s not what’s been happening. Especially given existing laws and the Democratic Party’s control of all branches of our state government, Prop 1 is just a poorly drafted amendment with unknown effects and for which there is no urgent need. (For those interested in what a better alternative would look like, Ohio passed a much clearer constitutional amendment protecting abortion rights last year.)
I encourage you to vote “No” on Prop 1.
Respectfully,
Will Brennan
10 Tunstall Road
Scarsdale, NY 10583
From State Senator Shelley Mayer
State Senator Shelley Mayer encourages constituents to vote yes on Proposition 1 - here is her letter:
Proposed Constitutional Amendment - Proposition 1 - to be Considered by Voters on November Ballot
This year’s November ballot will include a proposed amendment to the New York State Constitution, named the Equal Rights 
Amendment, which, if approved, would amend the Constitution to protect against unequal treatment on the basis of ethnicity, national origin, age, disability, creed, religion, or sex including sexual orientation, gender identity or expression, pregnancy, pregnancy outcomes, reproductive healthcare and autonomy. The Equal Rights Amendment would enshrine the right to abortion in the State Constitution. If the amendment is not approved, the state constitution will be left as it currently is.
The Equal Rights Amendment passed both houses of the New York State Legislature in two consecutive sessions, as required by law. The measure now goes before voters for their consideration.
The New York State Constitution currently only provides protections against discrimination on the basis of race, color, creed, and religion. This amendment would extend that protection to include age, gender, disability status, sexual orientation, and pregnancy outcomes, among others.
Prop 1 has been endorsed by the New York City Bar Association and the New York Civil Liberties Union. For more information, please visit your local Board of Elections.
Senator Shelley B. Mayer said, “I encourage all New Yorkers to make their voice heard on this matter by flipping their ballot over and voting on this constitutional amendment.”
A rally for reproductive rights and Proposition 1 was held in White Plains on Saturday October 25.
Former Scarsdale Residents Launch 5 Star Inn: You're Invited
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- Written by: Wendy MacMillan
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Have you ever fantasized about leaving the Dale behind and running a country inn? That’s what two former Scarsdale residents have done – and you’re invited to visit their beautifully designed suites in Salisbury, CT.
Many in Fox Meadow remember Aidan and Charles Cassidy-Teti. As long-time designers, the dynamic duo were well-known in Scarsdale for their beautiful aesthetic…whether it be home decor, an impeccable meal, landscape design, or decorating for elementary school events, we miss their artistic touch.
But now you can enjoy fall foliage season. school visits and autumn’s bounty at 9 Academy, their new bespoke inn for discerning travelers.
Nestled in the quaint, storybook village of Salisbury, CT. 9 Academy offers a home away from home with three beautifully designed suites that combine “the flair of a luxury hotel with all the amenities and convenience of a well-appointed home.” With each suite featuring lavish king sized bedrooms that flow seamlessly to spacious living and dining spaces, 9 Academy is the perfect place to come back and unwind after exploring the beauty of the Berkshire Mountains.
After an adventurous day of hiking in the woods or trekking through the prestigious campuses, some guests may choose to stay in and take advantage of their suite’s well-stocked kitchen or relax with a glass of Pinot in their own private garden. For those that prefer to tour the charming, New England village, 9 Academy is ideally located steps from all that Salisbury has to offer.
I recently had the pleasure of catching up with my dear friends and convinced them to share an update with us all.
What drew you to Salisbury?
We fell in love with the Northwest Corner like many people do, by visiting and then buying a weekend place. Escaping from the city was our weekly ritual and over the years we found ourselves wanting to spend more and more time up here. The Salisbury CT area is a special place, bucolic in nature, full of interesting and creative people who are drawn to the unspoiled landscape and the proximity to the urban centers of New York and Boston. There are also a number of world class boarding schools that attract a global audience of families visiting and enrolling. This adds a vibrant multicultural layer to the community.
What inspired you to create 9 Academy?
Both of us have spent our entire working careers in the design field. Covid offered us the opportunity to apply those skills with a fresh start. Armed with our deep knowledge of the area we found a small building in the center of Salisbury village that hit all the right notes, walkability, convenience and potential. Recognizing a void in the market as there are few hotels in the vicinity, we settled upon the idea of creating an upscale hospitality venue. Somewhere we imagined that WE would be the ultimate guest and with an original aesthetic not duplicating the format of the wonderful inns and small hotels that are currently here.
How does 9 Academy differ from more traditional accommodations?
9 Academy is a brand new property comprised of luxury apartments available by the night, featuring three modern and elegant suites. Each suite occupies a full floor of the house giving you privacy and plenty of space to relax. Inside the experience is equal parts posh hotel (Le Labo bath products, Parachute bedding and Nespresso coffee) and home comfort (European kitchens , washer/dryers and super fast WiFi), each with its own charm and personality.
Go for the Garden Suite for a separate entrance and private outdoor space: the second floor Parlor Suite is made for slow mornings, with a cozy reading nook and stairs down to a quiet yard; while the third floor Loft Suite is a light flooded enclave with skylights and French doors that open onto a private terrace. Common throughout is a flexible layout for four (including children aged 8 and up) with a king bed and queen sleeper sofa. The spa -like bathrooms have huge soaking tubs and heated floors - perfect for a New England retreat.
We feel this functionality allows our guests to experience a more relaxed vibe, as if they were on a staycation but, with all those additional perks a typical short-term rental may not offer.
What makes 9 Academy such a beloved respite for discerning travelers? What do you think inspires so many 5 star reviews?
Our intent for the suites at 9 Academy is that a sense of relaxation and comfort should envelop you.
To achieve this Zen vibe we used a curated, pared back aesthetic for the interiors featuring a palette of soft plaster, raw oak flooring, wide expanses of polished concrete and earthy linen textiles. We wanted to evoke a sophisticated modern look but, still have it feel as though you are rooted in rural Connecticut. Artwork and photographs further emphasize the landscape and local flora. The emphasis on simple natural materials makes that connection and people really seem to appreciate it so far.
What is your idea of a perfect weekend spent at 9 Academy?
Whatever the season, don't miss a wander into town for cappuccino and morning pastries at Sweet William’s followed by a yoga class at RigaYoga. Head out to West Cornwall to shop the stylish finds at Michael Trapp, if you’re feeling adventurous hop on an E-Bike at Covered Bridge Bike and hit the mountain trails. Head back to Salisbury for dinner at the White Hart Inn and end the day with a nightcap on your private terrace. 9 Academy is a plum location in the heart of Salisbury and the wider CT-NY-MA triangle that puts all the regional highlights within driving distance. Plan to eat, antique, ski and swim your way through all three states!
In fact, there are so many wonderful places and things to enjoy in the area it inspired us to build an “Explore” page at our website, where guests can browse our personal tips for local dining, shopping and cultural attractions. There is really something for everyone in the Northwest corner!
So if you are looking for that perfect autumn get away or just want to say hello to an old friend, make sure you check out 9 Academy here.
And it’s not too late to take advantage of their Fall Promo: Enjoy a discount on any two-night stay starting 9/5/2024 and ending 11/30/2024. And check them out on Instagram here.
Turn Over Your Ballot and Vote Yes on Proposition 1
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- Written by: Joanne Wallenstein
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Today's the day! When you vote, remember to turn over your ballot and vote YES on Proposition 1, the Equal Rights Amendment for the New York State constitution.
Here's why:
To the Editor,
At a time in history where states are attempting to take away the rights of women and all citizens, New Yorkers have the opportunity to cement the rights they currently enjoy by flipping over their ballots and voting “yes” on Prop 1.
There is a whole disinformation campaign afoot (yes, outright lies) about the impact of Prop 1. Let us be clear, Prop 1 does nothing to change existing law—it does not create any new rights or protections. New York statutes already explicitly protect abortion and discrimination against individuals based on a host of factors, including age, disability, and sex, including gender identity and gender expression. Prop 1, using language from these statutes, merely enshrines these rights and protections in the New York State Constitution.
Prominent in these false and misleading claims is that Prop 1 somehow terminates parental rights with respect to their children’s medical care, especially in regard to gender-affirming care for trans teens. Common sense tells us that this is patently false. Teenagers in NY State cannot go on a field trip or take an Advil in school without parental permission, let alone undergo gender reassignment surgery. Nothing in Prop 1 changes this in the slightest. Nor does Prop 1 endanger girls’ participation in sports. Current NY State education law and federal Title IX civil rights laws already govern this area about who can play on what sports teams.
As for abortion rights in New York, women have the absolute right to abortion through the 24th week of pregnancy. After 24 weeks, abortion is permitted only if her medical provider decides the fetus is not viable or the mother’s life, physical health, or mental health is at risk. Prop 1 does not change this standard.
So why is Prop 1 necessary in a state that already has ample abortion rights and other protections? For anti-choice advocates, the issue is not settled, and they will continue to push for restrictions. Constitutional protections are less subject to the political whims of governors and legislators; they cannot be overturned without first being approved by two consecutive sessions of the legislature and then by a majority of New York voters.
Protecting all New Yorkers from discrimination and placing abortion rights in our Constitution should not be a partisan issue. The Scarsdale Town Democratic Committee encourages everyone to vote “yes” on Prop 1.
Respectfully submitted,
Alissa Baum & Myra Saul, Co-Chairs, Scarsdale Democratic Town Committee
Vote Early By Mail
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- Written by: Joanne Wallenstein
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To the Editor:
We wanted to make sure the community is aware that ALL New York voters now have an additional method of voting: the option of voting early by mail. Any registered voter may take advantage of this option. Unlike absentee voting, no excuse is required to vote early by mail. Absentee voting is still an option, but absentee voting is only available under certain circumstances, like a disability or being out of town on Election Day.
For this new, early voting by mail method, any registered voter may apply for an early mail ballot in one of the following ways:
-Using the online Ballot Request portal
-By printing and mailing the Early Voting by Mail Application
-If you are visually impaired and require a ballot with accessible features you may apply using the online Accessible Absentee Ballot Application portal
-By going in-person to the Westchester County Board of Elections, 25 Quarropas St., White Plains, NY 10601; OR
-By designating another person to deliver your application in-person to the Westchester County Board of Elections, 25 Quarropas St., White Plains, NY 10601 and receive your ballot
The last day for the Westchester Board of Elections to receive an application for an early mail ballot by mail or by online portal is October 26, 2024. The last day to apply for an early mail ballot in person at the Westchester Board of Elections is November 4, 2024.
In-person voting is still available to all voters. For those choosing to vote in person, in-person early voting is October 26-November 3, 2024, at any of the early polling locations in Westchester County. Election Day is November 5, 2024. Then, voters must vote at their designated polling location.
Make sure your voice is heard this election!
Respectfully,
Alissa Baum and Myra Saul, Co-Chairs of the Scarsdale Democratic Town Committee
ERA On the Ballot this November in New York: Learn More
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- Written by: Joanne Wallenstein
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This November, New Yorkers have the power to protect abortion rights and secure our fundamental freedoms for generations by voting YES on Proposal 1, the New York State Equal Rights Amendment. Prop 1 has the effect of cementing existing legal rights into the NY Constitution, which currently prohibits race and religion based discrimination. The amendment expands coverage to include protections against discrimination by the government based on ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity and expression, pregnancy and pregnancy outcomes, and reproductive healthcare and autonomy.
As we have witnessed on the national front, complacency is dangerous, and laws that we assumed were safe may change overnight with the political tides. Prop 1 is about ensuring that we New Yorkers, not politicians, control our healthcare decisions and personal futures.
Throughout Westchester, many of us have shared personal stories about the importance of protecting reproductive freedoms and protecting the liberties of all New Yorkers. “With
Jenna Lauter from the NY Civil Liberties Union will speak at the Scarsdale Library on Tuesday October 1 at 7 pm the fall of Roe v. Wade and increasing attacks on reproductive rights across the country, many of us have realized that the legislative protections we once took for granted can no longer be assumed,” stated one Scarsdale League of Women Voters board member, who is also the parent of two high school students. “That’s why Prop 1 is essential: it permanently protects reproductive rights, including the right to abortion and IVF, in New York’s state constitution, safeguarding them from future political rollbacks.”
Many in our community have also shared their concerns about other forms of discrimination—whether it’s age-based bias in the workplace or the fear that LGBTQ+ New Yorkers could face discrimination in employment, healthcare, or child custody. Prop 1 closes these gaps in our state Constitution and brings the Constitution into alignment with existing state law. It confirms that no New Yorker should be denied access to healthcare, public sector employment, or public services based on who they are. And it reinforces existing laws to ensure that LGBTQ+ New Yorkers are protected from discrimination, that seniors won’t face age-based bias in the workplace, and that pregnant individuals cannot be penalized or disadvantaged.
For another board member, this is personal. “I’ve seen how older colleagues and friends have struggled with age discrimination,” she stated. “It’s heartbreaking to watch someone’s skills and contributions be ignored because of their age. Prop 1 will make sure older New Yorkers are treated with the respect they deserve.”
All New Yorkers deserve the freedom to control our own lives, futures, and healthcare decisions – including personal reproductive decisions, such as our right to abortion. Although some have tried to divide and distract us from the amendment’s goal of guaranteeing our personal freedoms, Prop 1 does not change any existing laws or regulations. It simply codifies our fundamental civil rights and reproductive freedoms in the New York State Constitution.
To learn more about this ballot initiative, its significance, and its potential impact, the League of Women Voters of Scarsdale invites you to a community discussion with Jenna Lauter of the New York Civil Liberties Union, on Tuesday, October 1, 2024, at 7pm at the Scarsdale Public Library, 54 Olmsted Road, Scarsdale, NY 10583.
Join us in being part of the conversation, flipping over your ballot to vote YES on Prop 1 in November, and ensuring New York remains a stronghold for reproductive rights and equality.
Register for the event on our website at https://lwvs.org/events-and-speakers/
Read the amendment text and learn more about the NY ERA: https://lwvny.org/nys-equal-rights-amendment/
