John H. Wilson, a former Judge of the Criminal Court in New York City, currently serves as a Mediator for First Court, a private company. He provided this article exclusively to the New York Analysis of Policy and Government.
Where ever you stand regarding the organization known as Black Lives Matter (BLM), there is one clear and present fact that cannot be ignored; It is a blatant conflict of interest for Mayor Bill DeBlasio to have approved of, and then participated in the placement and preparation of a series of murals which state “Black Lives Matter” in large yellow letters in the streets of New York City.
Further, by refusing to allow other organizations to use the same platform to spread their own messages, DeBlasio is violating the rights of these groups under the First Amendment.
There can be little doubt that painting the words “Black Lives Matter” on a public street constitutes an attempt by Mayor DeBlasio to “use his position as a public servant to obtain any…other private or personal advantage” (in violation of New York City Charter Chapter 68, Section 2604(b)(2)) and constitutes an act “in conflict with the proper discharge of his…official duties” (In violation of New York City Charter Chapter 68, Section 2604(b)(3). The placement of the first mural just outside the residence of President Donald Trump, when DeBlasio himself is a former candidate for the Presidency underscores the political nature of the gesture.
Additionally, by his intimate involvement in the actual placement of a BLM mural at Trump Tower, and in other locations across the city, the Mayor is openly courting proponents of BLM in exchange for his visible support of their movement.
It is no secret that BLM has become a political powerhouse. Donations to BLM total in the tens of millions, and are coming from high-powered corporations including Amazon ($10 million to 12 groups including BLM), Microsoft ($250,000), Airbnb ($500,000 to both the NAACP and BLM), and Nabisco ($500,000 to both the NAACP and BLM). It is also apparent that BLM is most closely politically aligned with the Democratic Party. A visitor to the website for BLM who presses the “Donate” button is transferred to the site for “ActBlue,” an organization which states that their platform is “available to Democratic candidates and committees, progressive organizations, and nonprofits that share our values.” It is therefore undeniable that Black Lives Matter is heavily financed, and has the resources to support the Democratic candidates of their choice.
DeBlasio has been unstinting in his support of BLM, calling the movement a “seismic moment in the country’s history” and comparing it to the civil rights movement of the 1950’s and 1960s. In doing so, he denies that there is any political dimension to BLM, stating that the movement is “something that…transcends all normal realities,” and that his involvement in the BLM murals is “because we are at a moment of history when that had to be said in such a public fashion.” But despite his disingenuous denials of the political nature of the BLM movement, the political advantage DeBlasio can expect to receive from his very public support of BLM is obvious.
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The Mayor’s office admits that they also disregarded their own vague application process, previously applicable to the painting of murals in parks and not city streets, to green-light the BLM murals, while asking groups like Blue Lives Matter and Women for America First to follow this ill-defined process. It is no wonder, then that Women for America First filed a lawsuit in Federal Court against the DeBlasio Administration.
In their lawsuit, Women for America First assert that “Defendant de Blasio ran in the Democratic primary for President in 2020 and, on information and belief, has political ambitions to run for national or other elected office as a Democrat after the end of his final term as Mayor of New York City or to be appointed to a prominent position in an anticipated Biden Administration.” Further, “on information and belief, de Blasio’s conduct…is intended as a political gesture to the BLM movement and those sympathetic to it…in order to enhance his future prospects as a Democratic candidate for office or appointee and by rallying BLM support for Democrats…”
On this basis, they assert that Mayor DeBlasio has violated their rights under the First Amendment to publicize their own message, while publicizing and supporting the message of another group.
Thus, there are several distinct elements to the conflict of interest presented by Mayor DeBlasio’s actions. First, he caused a BLM mural to be placed in front of the home of his political rival, making the gesture unmistakably political. Second, he chose a message that would signal his support for a group from which he can expect a substantial benefit, and third, DeBlasio continues to exclude contrary messages which conflict with the message he chooses to support.
Like any citizen, Bill DeBlasio has the right to his own beliefs, and to hold up any cause in which he believes, such as when he expressed his support for the Sandinistas in the 1980s. But as the elected Mayor of New York City, DeBlasio has an ethical obligation to avoid actions that would be to his financial benefit, whether that benefit be direct or indirect, and to avoid actions that conflict with his official duties. This is the clear language of Chapter 68 of the New York City Charter, and there can be little doubt that the Mayor’s actions are in violation of this statute.
Photo: De Blasio official portrait