BUFFALO, N.Y. — A judge has upheld a temporary restraining order sought by the Town of Cheektowaga, to keep three hotels there from accepting any more migrants from New York City.
As the town moves forward in seeking a preliminary injunction against the hotels, which it says have exceeded their authorized use, it also appears the town may be poised to seek an additional order that could evict the migrants currently housed after a series of troubling events over the weekend and on Monday.
State Supreme Court Justice Emilio Colaiacovo, noting from the bench the "humanitarian crisis" at hand, stated he was not about to order the eviction of the migrants from the three hotels, especially if they have no place else to go.
However, he indicated that he could eventually issue such a ruling if he is convinced that the safety of those occupying rooms and the surrounding public is at risk.
The town insists that is quickly becoming the case.
Town says things are out of hand
Attorney Todd Soloway, representing the three hotels, appeared in court via teleconference on Monday to refute the town's claims that the hotels have gone beyond their permitted use.
"This use was ongoing for almost two months before they (the town) came running into court claiming an emergency," said Soloway.
"Things have changed rapidly, " insisted attorney Robert Zitt, who the town hired as outside counsel for the case.
In addition to previous reports of sexual assaults and cases of communicable disease within the hotels, as well as crimes occurring around them involving so-called asylum seekers bused in and being housed at taxpayer expense from New York City, a series of more recent incidents has heightened the town's concerns.
"Within the last 48 hours there has been destruction of property, and smashed windows," noted Town Attorney John M. Dudziak.
- According to Cheektowaga Police, officers responded early Saturday morning to the Luna Lounge at 603 Dingens Street where they arrested Gustavo Diaz Carvajal, 27, who was charged with Criminal Mischief, Assault, and Harassment. Police say he was part of a group that attempted to gain entry to the establishment and, once denied, fought with security and began throwing rocks, causing $12,000 in damages to the building.
- On Sunday evening at the Best Western Hotel at 4630 Genesee Street, it was noted in court that occupants hung heavy items from sprinkler heads causing one of them to burst, flooding several floors.
Due to extensive water damage, the building inspector deemed the hotel uninhabitable, causing the relocation of the asylum seekers staying there. The building remained closed on Monday.
- Just before attorneys entered the courtroom on Monday, another incident occurred at the Quality Inn on Genesee Street which forced the evacuation of occupants there. According to sources, alarms were triggered by occupants cooking in their rooms with devices not permitted in hotels under the town code.
Police, Town say National Guard "Uncooperative"
In court it was indicated that but for the alarm, which then allowed fire inspectors access the hotel on Monday, prior attempts by town inspectors have been rebuffed.
"The town no longer maintains access to its interior," said Zitt, who told the judge, "My understanding is that anytime a member of the town services arrives at a subject facility they are dressed down by the National Guard or an insular security unit that has also been contracted by the City of New York."
Zitt added that once inside the hotel on Monday, fire inspectors found even more to be concerned about.
"A number of the smoke detectors and facilities otherwise designed to protect people have been tampered with," he said.
A high-ranking police official in the town also told 2 on Your Side that members of the Guard, called in By Gov. Kathy Hochul, have been "uncooperative" with police by, among other things, demanding their names and badge numbers when they have responded to hotels housing migrants.
Frustration Boils
Cheektowaga Town Councilman Michael Jasinski, who is also a candidate for town supervisor, says enough is enough.
"I definitely think it's gone too far," Jasinski told 2 on Your Side. "You know, we're a land of laws. And if we would have followed the laws from the beginning none of this would have happened."
Meanwhile, as its own migrant population burgeons, New York City - a self-proclaimed "sanctuary city"- continues to seek to place migrants in other communities across the state.
Following the occurrence of some violent crimes in Cheektowaga, even Erie County Executive Mark Poloncarz, who earlier called the reluctance by chief executives of other counties to take on migrants until they could marshal appropriate resources "morally repugnant", changed his tune. Just over two weeks ago, Poloncarz contacted New York City Mayor Eric Adams to request that transportation of all asylum seekers to Erie County be halted while the county evaluates security issues.
The next step in the case comes Friday when the sides argue over Cheektowaga's request for a preliminary injunction keeping the hotels from taking on additional migrants. It was indicated in court on Monday that lawyers for the hotel are prepared to argue that despite issues that have surfaced, the hotels have done nothing illegal in taking on these guests.
"Their property is a hotel property that is being used as a hotel for temporary occupancy," said Soloway.
"These are not hotels specifically when they exclude the public from being able to rent rooms," countered Zitt. "And I have never been to a hotel in my life that has its own National Guard presence and has its own security unit and medical facility. It's very clear that the nature of these facilities has changed."