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Larry David mocked a Georgia law that bans giving water to waiting voters. It’s also a law in NY.
By
Brigid Bergin
Published Mar 1, 2024
Modified Mar 4, 2024
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Photo by Michael M. Santiago/Getty Images
By
Brigid Bergin
Published Mar 1, 2024
Modified Mar 4, 2024
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When Sheepshead Bay native Larry David was arrested in the latest season of HBO’s "Curb Your Enthusiasm" for handing a bottle of water to a voter waiting in a line outside a poll site in Georgia, he might as well have been back home in Brooklyn.
The same kind of law that the cringe comedian was poking fun at in Georgia — which prohibits people from offering food or water to people waiting in line to vote — also exists in New York, and is the subject of a trial starting in federal court on Monday.
The Brooklyn NAACP sued the city and state Boards of Elections in 2021 challenging what is commonly referred to as a “line-warming ban,” which bans giving any person waiting to vote a provision such as food or beverages. In documents filed ahead of the trial, lawyers for the defendants argue the law was enacted to, “insulate voters from real or perceived interference, undue influence, and intimidation during the voting process.” But they also note that in the law’s 120-year history, it has never been enforced in New York.
The Brooklyn NAACP has long worked to remove barriers to voting, particularly in communities of color where there has been a history of voter suppression.
“If people believe that they're going to wait in a long line, that can also prohibit people from engaging in the process,” said L. Joy Williams, president of the group’s Brooklyn chapter and a legislative coordinator for the New York State NAACP.
She said the group is always seeking ways to foster more civic engagement and even promote a supportive, celebratory atmosphere at poll sites, particularly during presidential election years, when voter turnout peaks.
The civil rights organization is being represented by the Elias Law Group, a left-leaning “mission-driven” law firm founded by voting rights attorney Marc Elias, who has represented Democrats and nonprofits in other voting rights cases.
“The primary claim in the case is about the First Amendment rights to free speech, to engage in this sort of political work,” said Lali Madduri, a partner at the firm representing the NAACP in this case. “To provide water and food, which is expressive conduct that is conveying that the NAACP, the people who do this work, they value the right to vote.”
Williams said that if the lawsuit is successful, it could encourage more voters to show up and stick out a line, if there is one.
“If you are inconvenienced in some way, because you have to wait a little long to do it, groups like ours can help support you. Maybe give your kid some Goldfish so they're not wildin’ out while you're waiting to vote,” Williams said.
A bill to remove the line-warming ban sponsored by state Sen. Zellnor Myrie passed in that chamber in January and was sent to the Assembly, where it is still in committee.
Long lines at New York City poll sites aren't a new phenomenon. Gothamist reported in 2020 that one of the reasons for long lines at early voting sites was because a disproportionate number of voters were assigned to certain locations.
Kathleen McGrath, a spokesperson for the State Board of Elections, declined to comment, citing the agency’s policy against publicly talking about pending litigation.
A spokesperson for the city Board of Elections did not respond to a request for comment. However, the agency’s Executive Director Michael Ryan is expected to testify at the trial.
The case is expected to wrap up by Wednesday.
This story was updated to include the full name of the Elias Law Group.
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new york city
new york state
Politics
Brigid Bergin
Brigid Bergin is an award-winning senior reporter on the People and Power desk. She is fiercely committed to telling stories that help people engage and support democracy. In 2022, she hosted a live, ten-week call-in politics show ahead of the midterm elections called The People's Guide to Power. Brigid's reporting in 2017 included some of the first coverage of a political newcomer now known as AOC. In 2016, she broke the news of a voter purge in Brooklyn just days before New York’s presidential primary, triggering city, state and federal investigations. Brigid also guest hosts The Brian Lehrer Show and All Of It. She graduated from the University at Albany and the CUNY Newmark School of Journalism. Got a tip? Email [email protected] or Signal 917-723-4719.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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