Mamdani Vetoes One Of Two Protest ‘buffer Zone’ Bills In Escalating Beef With Nyc Council

NEW YORK — Mayor Zohran Mamdani vetoed a controversial City Council bill on Friday that would permit the NYPD to set up “buffer zones” around schools and educational facilities during protests, exacerbating tensions with Council Speaker Julie Menin, who may move to override him.

The veto, Mamdani’s first, comes as his working relationship with Menin has come under increasing strain due to disagreements over how to deal with the city’s multibillion-dollar budget deficit. The bill Mamdani vetoed was borne out of concerns that protests against Israel’s war in Gaza had caused chaos on local college campuses.

In a statement Friday morning, Mamdani expressed concerns about how widely the bill defines an educational institution as well as constitutional concerns it raises around individuals’ right to protest. The bill as written could apply to universities, museums and teaching hospitals, he argued.

“This could impact workers protesting ICE, or college students demanding their school divest from fossil fuels or demonstrating in support of Palestinian rights,” he said. “[The bill] is not a narrow public safety measure; it is a piece of legislation that has alarmed much of the labor movement, reproductive rights groups, and immigration advocates, among others, across this city.”

But Mamdani said he would sign off on another measure sponsored by Menin that would establish protest “buffer zones” outside houses of worship. He argued that measure initially brought up constitutional concerns but that the final version “is narrower in scope and effect.” Still, he maintained that he doesn’t agree with what he described as the bill’s “framing of all protest as a security concern.”

“It requires the NYPD to document its existing practices related to protests near houses of worship,” he said. “Following a thorough legal review, I do not believe it poses the same risks it once did, and that is why I will allow it to become law.”

The houses of worship-focused bill came in response to concerns about anti-Israel protests. In particular, outrage mounted last year when pro-Palestianian protesters gathered in front of a synagogue on the Upper East Side where a group held an event promoting land sales in Israel and parts of the occupied West Bank.

Neither bill specifies how large NYPD buffer zones can be. Instead, they propose letting the NYPD determine how large zones need to be on a case-by-case basis.

The Council passed the educational facilities legislation, which was sponsored by Education Committee Chair Eric Dinowitz, with 30 yes votes — four short of a veto-proof majority.

According to two people with knowledge of her thinking, Menin is considering whipping votes to try and muster enough support to override Mamdani’s veto. The people, who were granted anonymity to discuss internal conversations, told POLITICO that a final decision hasn't yet been made on whether to attempt an override.

In a statement, the speaker made clear she disagrees with the mayor’s veto.

“Ensuring students can enter and exit their schools without fear of harassment or intimidation should not be controversial,” she said. “This bill simply requires the NYPD to clearly outline how it will ensure safe access when there are threats of obstruction or physical injury, while fully protecting First Amendment rights.”

Mamdani’s decision to veto one bill and let the other stand might be a matter of simple math.

Unlike the educational facility-related measure, the bill related to houses of worship passed with a veto-proof majority. Had he vetoed that bill, the Council would likely have had an easier time overriding him.

While Mamdani’s veto is creating friction on the city level, Gov. Kathy Hochul has pursued a state-level measure in ongoing state budget negotiations that would allow for protest-related buffer zones. She told reporters earlier this month the measure would “protect people and their right to exercise their practice of faith without harassment.”

Hochul's plan would allow for buffer zones outside houses of worship and medical clinics that offer reproductive services.

The governor’s bill has come under criticism from the New York Civil Liberties Union as well as abortion-rights supporters over concerns the measure would be applied too broadly.

“We already have current legal protections, but we also know the unintended consequences,” said Planned Parenthood Empire State Acts President and CEO Robin Chappelle Golston, a former Hochul aide. “If something doesn’t stand up against judicial scrutiny, we could actually lose more rights and more protections.”

Both of the city-level bills also drew push back from advocates who are closely aligned with Mamdani, including the Democratic Socialists of America, the New York Civil Liberties Union and Jews for Racial and Economic Justice, as well as labor groups like the Professional Staff Congress, the City University of New York’s faculty and staff union. Members of the Council’s Progressive Caucus also opposed it.

Council Member Tiffany Cabán, who co-chairs the body’s Progressive Caucus, praised the mayoral veto, arguing against giving police “more tools to silence dissent and brutalize protestors.”

“I am thankful the mayor has vetoed this ill-conceived bill that would further enable efforts to criminalize protests and stifle freedom of speech,” Cabán said in a statement.

Dinowitz told POLITICO he learned of Mamdani’s decision Friday morning. He said he was “disappointed” and insisted the bill does not contain any text that places limits on free speech.

“Fundamentally students deserve safety and New Yorkers deserve transparency and that’s what this bill does,” he said. “Students should not be harassed on their way into their school building. It’s as simple as that.”

With additional reporting by Nick Reisman