Mamdani faces lawsuit over alleged FOIL obstruction in antisemitism and Israel records request

Investigative journalist Richard Behar and former deputy New York City Mayor Randy Mastro have filed a lawsuit against Mayor Zohran Mamdani, accusing him of obstructing public access to records. The legal action, filed in the state Supreme Court, centers on two Freedom of Information Law (FOIL) requests Behar submitted concerning Mamdani's policies on antisemitism and Israel.

Behar's first FOIL request sought all records explaining Mamdani's rationale for issuing Executive Order 1, which rescinded the definition of IHRA antisemitism. This definition has been adopted by the U.S. government, numerous states, and many cities and universities. Behar is also requesting documents assessing the order's merits, interoffice communications, research, studies, and public impact analyses.

The second request targeted records related to Mamdani's revocation of a previous executive order that banned city agencies from participating in economic boycotts against Israel (BDS). It also sought information on his decision to remove NYC Economic Development Corp webpages promoting city ties with Israeli companies and his stated intention to terminate a public-private partnership between Cornell University and Israel's Technion.

According to Behar and Mastro, the city's failure to respond to these requests within the legally mandated timeframe constitutes unlawful conduct. Public Officers Law requires agencies to acknowledge FOIL requests within five business days and provide a response within 20 business days. The case has been expedited, with a decision expected soon. Behar stated that the public has a compelling interest in understanding Mamdani's actions, particularly given the rise in antisemitic incidents in the city.

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At a time when antisemitic violence in New York City has reached historic levels, the public has a compelling interest in understanding why Mayor Mamdani chose, as his first official act, to dismantle the very protections his predecessor had put in place to address this crisis.