Amid National Uproar, State Backtracks on Labeling Tag, Wiffle Ball 'Dangerous'

After media outlets across the country assailed a state plan to label age-old children's games such as freeze tag, red rover, kickball and wiffle ball as dangerous, the state Department of Health last week retracted its decision.

Though the plan was panned by the media as being an extreme manifestation of the American "nanny state," the purpose of labeling the games as "significant risks of injury" was a bit more innocuous.

The list was necessitated by a 2009 law, which took effect this month, designed to close a loophole that allowed day camps held indoors to escape state regulation. The law was sponsored by local Assemblywoman Amy Paulin (D-Scarsdale) and Sen. Suzi Oppenheimer (D-Port Chester). Paulin said that for too long, some camps had circumvented the state's watchful eye by hosting more than half of their activities inside.

Instead of requiring outright regulation of indoor camps, the 2009 law called for the state Department of Health to create a list of potentially dangerous games. Any camp that allowed its kids to play two or more of the games on the list would then be subject to tighter regulation.

And while some media reports seemed to suggest that wiffle ball and other beloved prepubescent pastimes were being banned, the law does not call for a prohibition on any activities.

"What if they are playing kickball or dodgeball where the fire codes aren't up to snuff?" Paulin told the Binghamton Press & Sun. "What if they are in a gym and the fire doors are blocked? You are putting kids at risk."

Some state lawmakers took to national television to criticize the plan, which also ticked off some local parents. Marissa Calderone of Mamaroneck, a mother of three "sports-crazy" boys, said that while the law may be well-intentioned it could have serious negative impacts.

"My sons go to camp in the summer, and they play kickball in a gym," she said. "If the camp decides it's going to cancel kickball and do arts and crafts all day, my boys won't want to go and they'll end up playing football in the street."

But camp directors don't seem too worried. Adam Langbart, the president of the state Camp Directors Association, said that state officials have worked with camps on creating the new rules, and that safety is the only concern.

“These regulations don’t stop our campers from enjoying such traditional summer games as red rover, freeze tag, dodgeball, or capture the flag," Langbart said. "This new law is about making sure that all camps in New York are meeting basic safety standards. Safety is no accident."

The law was proposed, in part, because of a failed attempt by Westchester County to rein in an indoor camp in Yorktown Heights several years ago. Officials from that camp could not be reached for comment.

The health department is going back to the drawing board, and plans to release an updated list of potentially dangerous games in mid-May. But Paulin's not done, either. The assemblywoman last week introduced a bill that would close yet another loophole by requiring state regulation of specialized camps, such as football or soccer camp.

"Camps which are dedicated to only one recreational activity with significant risk of injury are completely unregulated," Paulin said, adding that one peculiar example is "Kindergarten Shop Class," in which young children learn to use power tools.

The bill has bipartisan support in both houses of the legislature, so don't be surprised if you open a newspaper next year and read that New York has banned football.

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Here's a look at what our local lawmakers were up to between April 15 and April 22. The legislature is taking an extended two-week break after a relatively easy budget process, and won't be back in session until May 2. While lawmakers hunker down in their home districts—or head to warmer climates for vacation—Gov. Andrew Cuomo will be traveling the state to trumpet a proposed cap on property taxes and roll out his plans to create jobs:

Assemblyman Tom Abinanti (D-Greenburgh) did not introduce any bills.
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Assemblyman Bob Castelli (R-Goldens Bridge) did not introduce any bills.

On April 18 Castelli called for public hearings on cuts to Early Intervention programs, which provide counseling to developmentally disabled children. The state has cut funding for the programs by 15 percent over the last two years, leading to new regulations that require counselors to see patients for 15 minutes at a time, instead of the previous 30 minutes. Castelli he's concerned about the new rules, and wants public input on the potential impact.

April 20 was the 234th anniversary of the ratification of the state's Constitution, and Castelli took the opportunity to call for a constitutional convention to rewrite some state laws. Gov. Cuomo called for a convention during his run for governor last year, but has been silent on the subject since being elected. The question of whether to convene a Constitutional Convention is put to voters every 20 years, most recently in 1997, when it was defeated at the polls.

In honor of Earth Day, Castelli last week awarded Assembly citations to three local residents and groups for their conservation efforts. Recipients included White Plains resident Pia Maenpaa, who runs a recycling program at the Residences of Jefferson Place; the Business Council of Westchester and Con Edison for an initiative that encourages businesses to reduce greenhouse gas emissions; and Bedford 2020, a group that is seeking to reduce Bedford's carbon emissions by 20 percent over the next decade.
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Assemblywoman Sandy Galef (D-Ossining) introduced seven bills, including a proposal that would allow school districts to impose a personal income tax surcharge of up to 25 percent in order to replace some revenue currently raised through property taxes. In the bill, Galef says that such a system would be more equitable than funding schools through property taxes, which disproportionately impact homeowners with low or fixed incomes.

Galef also wants the state to create an Independent Budget Office that, she said, would remove some of the politics from the annual budget process. The agency would publish revenue projections and other types of analyses to be used by lawmakers in crafting the state budget. The bill has died in the Assembly three times since 2005.

A third bill would prohibit lawmakers from disbursing state grants to organizations in their respective districts within 60 days of an election. In a memo accompanying the bill, Galef says that the current system allows incumbents to secure grants for nonprofit groups and municipalities close to Election Day, in a last-minute bid for votes. Her bill, she writes, would "even the playing field" for candidates running against incumbents and ensure that taxpayer money is not used for political purposes.

The assemblywoman also introduced a bill, which has died four times in the last decade in the Assembly, to create the crime of driving while ability impaired by fatigue—in other words, driving while drowsy. The bill does not specify how "fatigue" would be quantified by a police officer. A similar proposal in 2006 defined fatigue as being awake for a period of 24 straight hours.

Finally, Galef introduced a measure that would strip a lawmaker of his or her pension after being convicted of a crime related to the abuse of public office.
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Assemblywoman Ellen Jaffee (D-Suffern) introduced one bill, which relates to the management of blueback herring. Details on the bill were not available.
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Assemblyman Steve Katz (R-Yorktown) did not introduce any bills.

Katz on April 26 will hold a "Focus on Jobs Summit" at the John C. Hart Library in Yorktown, where he will moderate a roundtable discussion with local business leaders on how to spur job growth in the area. The freshman said the summit is a response to "the lack of job-creating tax cuts and incentives in the state budget." Any businesses interested in attending should call (845) 279-5301.

Katz last week toured Green Chimneys, a special-education school and residence for the developmentally disabled in Brewster. The assemblyman lauded the school for its innovative methods, including an organic farming program and a wildlife center, and said he wanted to put some focus on group homes that excel in their mission in the wake of a disturbing New York Times report on widespread neglect and abuse at homes around the state.
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Assemblyman George Latimer (D-Rye) did not introduce any bills.
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Assemblywoman Amy Paulin (D-Scarsdale) introduced one bill, which she said would close a loophole in state law by requiring the regulation of summer day camps that focus on a single activity, such as football or soccer camp. Current law regulates only those camps that offer a variety of activities. Paulin also cites "Kindergarten Shop Class," a relatively new program where small children operate power tools and which are currently unregulated despite the significant risk of injury.
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Assemblyman Ken Zebrowski (D-New City) introduced one bill, which would provide for a property tax exemption for homeowners who are at least 75 years old, have resided in a particular school district for at least 30 years and currently have no children enrolled in their local school district.
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Sen. Greg Ball (R-Patterson) introduced two bills, one of which would exempt self-employed people, local governments, school districts and nonprofits from the MTA payroll tax, which requires employers to pay 34 cents of every $100 of payroll to the beleaguered agency.

Ball also introduced the "Bystander Protection Act," which would increase the penalties for injuring or killing an innocent bystander during an attack on an elected official. The bill is a response to a mysterious April 1 email, with the subject line "Time to Kill," that was sent to some lawmakers and threatened attacks on elected officials, state workers, children and reporters. The email, whose author claimed to be a state worker, referenced the Jan. 8 shooting of Arizona Congresswoman Gabby Giffords, who was shot in the head but survived. Six bystanders were killed by the gunman.

The New Roosevelt Initiative, a left-leaning group that is pushing for the creation of an independent panel to redraw legislative districts, said last week that Ball will be targeted for protests by the group for, in their words, going back on a campaign pledge to support independent redistricting. The group will hold a rally in Ball's district on May 14. Republican leadership in the Senate has said that it wants to create an independent panel through a constitutional amendment, but that wouldn't be in place until after the 2012 elections.
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Sen. David Carlucci (D-Clarkstown) did not introduce any bills.

Carlucci on April 15 was joined by Assemblyman Ken Zebrowski (D-New City) and chef Peter X. Kelly at a press conference to discuss a package of legislation aimed at promoting local agriculture. The bills include a proposal to make the onion New York's official state vegetable and to provide a tax credit to restaurants that purchase locally grown produce.
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Sen. Suzi Oppenheimer (D-Port Chester) did not introduce any bills.
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Sen. Andrea Stewart-Cousins (D-Yonkers) did not introduce any bills.