By Samuel Newhouse
Brooklyn Daily Eagle

ADAMS STREET — The legal battle over the possible expansion of the Downtown Brooklyn jail will have to wait until next month.

Oral arguments were scheduled for Thursday in Kings County Supreme Court, but were instead adjourned to Aug. 4. The lawsuit over the controversial Brooklyn House of Detention (BHOD), located on Atlantic Avenue between Smith Street and Boerum Place, has been going on for several months.

Brooklyn Supreme Court Justice Sylvia O. Hinds-Radix heard arguments last month regarding the city’s request for “reargument� of the preliminary injunction she made in this case in March.

While Justice Hinds-Radix had ordered that the Department of Correction (DOC) could reopen but not expand the jail without completing land use and environmental reviews, the city has now claimed that between $10 and $30 million must be spent on architectural plans to perform those reviews.

The Stop BHOD coalition of local politicians and residents, which had petitioned to prevent the jail from being opened or expanded, stated the opposite, claiming that the reviews must be completed before money can be spent on the architectural plans.

Disagreement stems from the judge’s decision granting the motion by petitioners to enjoin the city from “allocating funds for, or beginning construction in connection with the expansion of the BHOD.� The city says this does not prevent them paying for architectural plans, but Stop BHOD says it does.

City Comptroller and mayoral candidate William Thompson was criticized by the city attorneys during previous arguments, due to a March 30 letter from his office rejecting an architectural services grant for the jail on the basis of Justice Hinds-Radix’s decision.

City attorneys said that Comptroller Thompson misrepresented the judge’s decision, and that city money can be spent on plans for the expansion to obtain the court-ordered land use reviews.

Stop BHOD attorneys from Gibson, Dunn & Crutcher LLP argued that the proposed $10-$30 million dollar price tag is unnecessary, and that city architects and contractors at the Department of Design and Construction could prepare the required plans on a much lower budget.

The city’s proposal is to build a new facility next to the BHOD that would double the jail’s capacity to about 1,400 prisoners.

The Stop BHOD coalition, which is comprised of local politicians and some Downtown Brooklyn residents, fiercely opposed reopening the jail and are now trying to prevent its expansion. They claim it will have a negative effect on the area’s economy, which has seen a substantial resurgence of local businesses and property values. Smith Street has become a nightlife destination in recent years.

“It is vital that we find a resolution for the Brooklyn House of Detention that seriously addresses the concerns of the surrounding community," said Councilmember Bill de Blasio (D-Park Slope, Cobble Hill). “I urge the City to find a way to work with the local residents to build a meaningful and ongoing role for community members in this process, and to prevent the unnecessary spending of taxpayer dollars on this proposal.�

Stop BHOD has claimed that the city should be spending money on schools and not jails. But the Department of Correction has stated that they need new beds to replace deteriorating facilities at Rikers Island in the Bronx.

The Stop BHOD coalition opposed reopening the 749-bed jail since the city’s plan was revealed when the first overnight prisoners in five years were moved in last November. About 20 prisoners were moved into the jail, many of whom were to help with the renovation.

There are currently only 17 prisoners inside the BHOD, according to DOC spokesman Stephen Morello. There are no immediate plans to move in more prisoners, and the BHOD is simply being “kept in a state of readiness� in case space at the facility is needed, he said.

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