Nassau County faces lawsuit over executive power, following a trend seen across U.S., lawyers say
Critics rally last year against Nassau County Executive Bruce Blakeman’s plan to gather a reserve that the county sheriff would deputize in the event of an emergency declaration. Credit: Howard Schnapp
The Nassau Democrats’ lawsuit against Republican County Executive Bruce Blakeman’s creation of an armed citizen deputy program represents a rare legal showdown not seen in the county in over a decade.
The lawsuit marks an escalation in a feud between the two sides, and attorneys representing Nassau Democrats say it is part of an emerging national trend that must be stopped: government overreach used to create constitutionally questionable policies resulting in voter intimidation and censorship.
"The common denominator is that they are all cases in which we are looking for evidence of rising authoritarianism in actions by government officials or legislatures," said Carey R. Dunne, a lawyer for the plaintiffs, who founded Free and Fair Litigation Group, a nonprofit, pro bono law firm that defends policies they see as constitutional and challenges those they view as undemocratic.
Legis. Debra Mulé (D-Freeport) and Legis. Scott Davis (D-Rockville Centre), members of the Nassau Legislature's public safety committee, are suing Blakeman for creating the special deputies program that recruits armed citizens to be called upon to keep peace during an emergency declaration.
The lawsuit claims Blakeman sidestepped the legislative approval process to create the program. Blakeman said county and state law allows him to have provisional special deputies on reserve for emergencies that could range from a natural disaster to a political protest.
Democrats say they're reacting to a pattern by Blakeman where he leverages his office to embroil the county into broader culture wars, joining other President Donald Trump-aligned officials in ushering a national political agenda to the local level.
Blakeman spokesman Chris Boyle did not reply to questions about the allegations of government overreach.
In a statement, Nassau GOP Chairman Joseph Cairo called the lawsuit "meritless" and said Democratic legislators were compromising public safety in carrying out “marching orders from Albany progressives and have chosen to initiate a frivolous, politically motivated lawsuit that seeks to undermine public safety here in Nassau County."
Such lawsuits alleging government overreach are Free and Fair Litigation Group's specialty. They include challenging a book ban in Idaho on behalf of a coalition of private schools, libraries, students and parents. Idaho passed the first book banning law in the United States that applies to public and private schools and libraries.
In effect since July, the law empowers the state attorney general, county prosecutors and private "vigilante" citizens to take legal action against schools and libraries if they find material they say is "harmful to minors." Dunne's firm is arguing that the government interference is unconstitutional, hoping to stop other states from enacting such laws, they said. Earlier this month, several large book publishers, including Penguin Random House, filed a similar suit against the Idaho law.
The group is also representing the Tennessee Education Association against state officials on the constitutionality of a newly adopted "Prohibited Concepts Ban" among what some call "anti-woke" laws that limit the teaching of certain concepts of race, gender and bias in classrooms.
The lawsuit alleges the ban and its ability to put an educator's reputation and career at risk over what they teach is unconstitutionally vague, violating the 14th Amendment of the U.S. Constitution. The lawsuit remains unresolved.
Closer to Nassau, other governing bodies are pushing back over alleged executive overreach. The New York City Council in December sued Mayor Eric Adams for issuing an emergency executive order to block a law banning solitary confinement in city jails. Adams said he disagreed with the bill the City Council adopted but city lawmakers said he went beyond his legal authority.
Susan Lerner, executive director of Common Cause New York, a government watchdog group, said she believes there are growing examples of local officials "granting themselves authority they do not have."
"This is self-appointing, uncontained executive power. Unfortunately, this county executive has joined a growing movement. It flies in the face of the basic principles of our system of governance," Lerner said of Blakeman. "This is a national problem now evident in Nassau."
In Nassau, clashes between Democrats and a Republican county executive have grown more frequent and intense. Democrats and former County Executive Edward Mangano, a Republican from Bethpage, fought over the consolidation of police precincts, privatizing the then-public county bus system and attempting to pass legislation that allowed the administration to change labor agreements in the middle of a contract term — which came to be known as the "King Mangano Law."
In 2014, Democrats sued Mangano, challenging his reinstatement of a 3.4% tax hike after lawmakers had removed it, arguing that the county charter only authorizes executive vetoes on spending. The case was dismissed and the Democrats did not appeal.
The prevalence of governance through executive orders on the federal level sets a precedent for concentrated power that could be emulated by lawmakers in state and local government, says constitutional law expert James Sample, of Hofstra University's Maurice A. Deane School of Law in Hempstead.
"At a minimum, it's clear the Trump administration is pushing the boundaries of executive power. Trump allies think that's great, and some civil liberties groups think that's problematic. So there's disagreement on whether he's pushing the boundaries or crossing the line," Sample said, citing the list of lawsuits filed against Trump's recent executive orders.
The Nassau Democrats are looking for the courts to rule the special deputies program illegal under county and state law, blocking funding for recruiting, screening and training. The special deputies are paid $150 per day when called to serve.
Blakeman has defended the program as a reserve of former law enforcement and military veterans volunteering their time to help the county.
In an emailed statement, Blakeman said: “Nassau is the safest county in America under my leadership, and it’s no surprise that Democrats are trying to undermine public safety in a desperate attempt to distort my record this election year.”
The program has graduated 25 special deputies since it began last March.
The Nassau Democrats’ lawsuit against Republican County Executive Bruce Blakeman’s creation of an armed citizen deputy program represents a rare legal showdown not seen in the county in over a decade.
The lawsuit marks an escalation in a feud between the two sides, and attorneys representing Nassau Democrats say it is part of an emerging national trend that must be stopped: government overreach used to create constitutionally questionable policies resulting in voter intimidation and censorship.
"The common denominator is that they are all cases in which we are looking for evidence of rising authoritarianism in actions by government officials or legislatures," said Carey R. Dunne, a lawyer for the plaintiffs, who founded Free and Fair Litigation Group, a nonprofit, pro bono law firm that defends policies they see as constitutional and challenges those they view as undemocratic.
Legis. Debra Mulé (D-Freeport) and Legis. Scott Davis (D-Rockville Centre), members of the Nassau Legislature's public safety committee, are suing Blakeman for creating the special deputies program that recruits armed citizens to be called upon to keep peace during an emergency declaration.
The lawsuit claims Blakeman sidestepped the legislative approval process to create the program. Blakeman said county and state law allows him to have provisional special deputies on reserve for emergencies that could range from a natural disaster to a political protest.
Democrats say they're reacting to a pattern by Blakeman where he leverages his office to embroil the county into broader culture wars, joining other President Donald Trump-aligned officials in ushering a national political agenda to the local level.
Blakeman spokesman Chris Boyle did not reply to questions about the allegations of government overreach.
In a statement, Nassau GOP Chairman Joseph Cairo called the lawsuit "meritless" and said Democratic legislators were compromising public safety in carrying out “marching orders from Albany progressives and have chosen to initiate a frivolous, politically motivated lawsuit that seeks to undermine public safety here in Nassau County."
Fighting a trend
Such lawsuits alleging government overreach are Free and Fair Litigation Group's specialty. They include challenging a book ban in Idaho on behalf of a coalition of private schools, libraries, students and parents. Idaho passed the first book banning law in the United States that applies to public and private schools and libraries.
In effect since July, the law empowers the state attorney general, county prosecutors and private "vigilante" citizens to take legal action against schools and libraries if they find material they say is "harmful to minors." Dunne's firm is arguing that the government interference is unconstitutional, hoping to stop other states from enacting such laws, they said. Earlier this month, several large book publishers, including Penguin Random House, filed a similar suit against the Idaho law.
The group is also representing the Tennessee Education Association against state officials on the constitutionality of a newly adopted "Prohibited Concepts Ban" among what some call "anti-woke" laws that limit the teaching of certain concepts of race, gender and bias in classrooms.
The lawsuit alleges the ban and its ability to put an educator's reputation and career at risk over what they teach is unconstitutionally vague, violating the 14th Amendment of the U.S. Constitution. The lawsuit remains unresolved.
Closer to Nassau, other governing bodies are pushing back over alleged executive overreach. The New York City Council in December sued Mayor Eric Adams for issuing an emergency executive order to block a law banning solitary confinement in city jails. Adams said he disagreed with the bill the City Council adopted but city lawmakers said he went beyond his legal authority.
Susan Lerner, executive director of Common Cause New York, a government watchdog group, said she believes there are growing examples of local officials "granting themselves authority they do not have."
"This is self-appointing, uncontained executive power. Unfortunately, this county executive has joined a growing movement. It flies in the face of the basic principles of our system of governance," Lerner said of Blakeman. "This is a national problem now evident in Nassau."
In Nassau, clashes between Democrats and a Republican county executive have grown more frequent and intense. Democrats and former County Executive Edward Mangano, a Republican from Bethpage, fought over the consolidation of police precincts, privatizing the then-public county bus system and attempting to pass legislation that allowed the administration to change labor agreements in the middle of a contract term — which came to be known as the "King Mangano Law."
In 2014, Democrats sued Mangano, challenging his reinstatement of a 3.4% tax hike after lawmakers had removed it, arguing that the county charter only authorizes executive vetoes on spending. The case was dismissed and the Democrats did not appeal.
Precedent-setting policy
The prevalence of governance through executive orders on the federal level sets a precedent for concentrated power that could be emulated by lawmakers in state and local government, says constitutional law expert James Sample, of Hofstra University's Maurice A. Deane School of Law in Hempstead.
"At a minimum, it's clear the Trump administration is pushing the boundaries of executive power. Trump allies think that's great, and some civil liberties groups think that's problematic. So there's disagreement on whether he's pushing the boundaries or crossing the line," Sample said, citing the list of lawsuits filed against Trump's recent executive orders.
The Nassau Democrats are looking for the courts to rule the special deputies program illegal under county and state law, blocking funding for recruiting, screening and training. The special deputies are paid $150 per day when called to serve.
Blakeman has defended the program as a reserve of former law enforcement and military veterans volunteering their time to help the county.
In an emailed statement, Blakeman said: “Nassau is the safest county in America under my leadership, and it’s no surprise that Democrats are trying to undermine public safety in a desperate attempt to distort my record this election year.”
The program has graduated 25 special deputies since it began last March.
Candice Ferrette covers Nassau County government and politics on Long Island. She has been a reporter at Newsday since 2011.
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