Columns

New York offers two types of guardianship proceedings for adults.

By Nancy Burner, Esq.

Nancy Burner, Esq.

In New York State, when a person turns 18, they are presumed to be legally competent to make decision for themselves. However, if a person is intellectually disabled or developmentally disabled, as defined by Article 17-A of the Surrogate’s Court Procedure Act, a parent or concerned relative can ask the Surrogate’s Court to appoint a guardian to assume the decision-making functions for that person. 

If a young adult has issues with mental illness or other functional limitations, a parent or concerned relative can ask the Supreme Court to appoint a guardian for that person under Article 81 of the Mental Hygiene Law. There are differences in the application and procedure with these two statutory schemes which are described below. 

Article 17-A was originally enacted in 1969 to provide a means for parents of disabled children to continue to make decisions once their children reached adulthood. The belief was that the condition was permanent with no likelihood of improvement. Hence, the same powers that parents held over minors were appropriately continued for the rest of the person’s life.

Article 81 was enacted in 1993 and is directed toward adults who have lost or have diminished capacity. It presumes that all adults have full capacity and requires proof of specific incapacity before a guardian can be appointed to remedy the proven incapacity. Article 81 anticipates closely tailored guardianships, granting the guardian no more power than is necessary under the circumstances, and aims to preserve autonomy to the greatest degree possible.

Article 17-A is almost purely diagnosis driven, while Article 81 requires a more refined determination linking functional incapacity, appreciation of danger and danger itself. Unlike Article 81, Article 17-A provides no gradations and no described or circumscribed powers. Article 17-A is considered a plenary guardianship, meaning that the guardian has full power to make any and all decisions. 

The two statutes differ dramatically in the reporting requirements following the appointment of a guardian. Article 81 guardians have to file a report 90 days after appointment and thereafter on a yearly basis, while Article 17-A guardians have no duty to file any report. 

Procedurally there are significant differences between the two types of guardianships: 

• A hearing must be held for the appointment of an Article 81 guardian, with the subject of the proceeding right to cross-examination and the right to counsel. No hearing is required under Article 17-A where the petition is made by or on consent of both parents or the survivor. 

• When an Article 17-A hearing is held, the presence of the subject of the proceeding may be dispensed with in circumstances where the court finds the individual’s attendance would not be in their best interest; presence of the subject is presumptively required in Article 81.  

• Article 81 requires the appointment of an independent court evaluator to investigate and make recommendations to the court; the appointment of a guardian ad litem to perform a similar function is discretionary in Article 17-A.

• Almost all Article 17-A proceedings are determined by reference to medical certifications by treating physicians; The professionals making the certifications are not subject to cross-examination.

• Article 81 requires proof by clear and convincing evidence, while Article 17-A is silent as to the burden.

Even when young adults meet the medical criteria for an Article 17-A guardian, courts are taking a more wholistic view and looking at that person’s functional capacity and assessing if an Article 17-A guardian is the least restrictive alternative or if an Article 81 guardianship is appropriate to address a certain deficit. For instance, take the young adult with a diagnosis of autism where he or she is considered “high functioning” by the medical experts and they may have other mental health issues that impair decision-making. In this case an Article 17-A guardian may not be the least restrictive alternative, an Article 81 guardianship may be more appropriate.   

Courts are also looking to see if the young person can execute advance directives such as a health care proxy and power of attorney so their parent or concerned relative can assist in making medical or financial decisions for that person without court intervention to preserve their rights and autonomy. 

The lesson to be learned is that while that statute is clear about the medical diagnoses needed for an Article 17-A guardianship, not just anyone with a diagnosis is the proper subject of an Article 17-A proceeding. You may find that the needs of the disabled individual are better met through a limited Article 81 guardianship or that they are able to execute advance directives. The differences in the statutory schemes can be nuanced and if you have a child or relative in this situation, before any court proceedings are commenced, you should consult with counsel experienced with these issues. 

Nancy Burner, Esq. practices elder law and estate planning from her East Setauket office. 

Elimination diets may play a role in treating eczema. Stock photo
Broken bones are a common side effect of eczema

By David Dunaief, M.D.

Dr. David Dunaief

Eczema is a common problem for both children and adults. In the United States, more than 10 percent of the adult population is afflicted (1), with twice as many females as males affected (2).

Referred to more broadly as atopic dermatitis, its cause is unknown, but it is thought that nature and nurture are both at play (3). Eczema is a chronic inflammatory process that involves symptoms of pruritus (itching) pain, rashes and erythema (redness) (4). There are three different severities: mild, moderate and severe. Adults tend to have eczema in the moderate-to-severe range.

Treatments for eczema run the gamut from over-the-counter creams and lotions to prescription steroid creams to systemic (oral) steroids and, now, injectable biologics. Some use phototherapy for severe cases, but the research on phototherapy is scant. Antihistamines are sometimes used to treat the itchiness. Also, lifestyle modifications may play an important role, specifically diet. Two separate studies have shown an association between eczema and fracture, which we will investigate further. Let’s look at the evidence.

Eczema doesn’t just scratch the surface

Eczema may also be related to broken bones. In an observational study, results showed that those with eczema had a 44 percent increased risk of injury causing limitation and an even more disturbing 67 percent risk of bone fracture and bone or joint injury for those 30 years and older (5). And if you have both fatigue or insomnia and eczema, you are at higher risk for bone or joint injury than having one or the other alone. One reason for increased fracture risk, the researchers postulate, is the use of corticosteroids in treatment.

Steroids may weaken bone, ligaments and tendons and may cause osteoporosis by decreasing bone mineral density. Chronic inflammation may also contribute to the risk of bone loss. There were 34,500 patients involved in the study, ranging in age from 18 to 85. For those who have eczema and have been treated with steroids, it may be wise to have a DEXA (bone) scan.

Are supplements the answer?

The thought of supplements somehow seems more appealing for some than medicine. There are two well-known supplements for helping to reduce inflammation, evening primrose oil and borage oil. Are these supplements a good replacement for – or addition to – medications? The research is really mixed, leaning toward ineffective.

In a meta-analysis (involving seven randomized controlled trials, the gold standard of studies), evening primrose oil was no better than placebo in treating eczema (6). The researchers also looked at eight studies of borage oil and found there was no difference from placebo in terms of symptom relief. One positive is that these supplements only had minor side effects. But don’t look to supplements for help.

Where are we on the drug front?

The FDA approved a biologic monoclonal antibody, dupilumab (7). In trials, this injectable drug showed good results, improving outcomes for moderate to severe eczema sufferers when topical steroids alone were not effective.

Do probiotics have a place?

When we think of probiotics, we think of taking a pill. However, there are also potentially topical probiotics with atopic dermatitis. In preliminary in-vitro (in a test tube) studies, the results look intriguing and show that topical probiotics from the human microbiome (gut) could potentially work as well as steroids (8). This may be part of the road to treatments of the future. However, this is in very early stage of development.

What about lifestyle modifications?

In a Japanese study involving over 700 pregnant women and their offspring, results showed that when the women ate either a diet high in green and yellow vegetables, beta carotene or citrus fruit there was a significant reduction in the risk of the child having eczema of 59 percent, 48 percent and 47 percent, respectively, when comparing highest to lowest consumption quartiles (9).

Elimination diets may also play a role. One study’s results showed when eggs were removed from the diet in those who were allergic, according to IgE testing, eczema improved significantly (10).

From an anecdotal perspective, I have seen very good results when treating patients who have eczema with dietary changes. My patient population includes about 15 to 20 percent of patients who suffer some level of eczema. For example, a young adult had eczema mostly on the extremities. When I first met the patient, these were angry, excoriated, erythematous and scratched lesions. However, after several months of a vegetable-rich diet, the patient’s skin had all but cleared.

I also have a personal interest in eczema. I suffered from hand eczema, where my hands would become painful and blotchy and then crack and bleed. This all stopped for me when I altered my diet many years ago.

Eczema exists on a spectrum from annoying to significantly affecting a patient’s quality of life (11). Supplements may not be the solution, at least not borage oil or evening primrose oil. However, there may be promising topical probiotics ahead and medications for the hard to treat. It might be best to avoid long-term systemic steroid use; it could not only impact the skin but also may impact the bone. Lifestyle modifications appear to be very effective, at least at the anecdotal level.

References:

(1) J Allergy Clin Immunol. 2013;132(5):1132-1138. (2) BMC Dermatol. 2013;13(14). (3) Acta Derm Venereol (Stockh) 1985;117 (Suppl.):1-59. (4) uptodate.com. (5) JAMA Dermatol. 2015;151(1):33-41. (6) Cochrane Database Syst Rev. 2013;4:CD004416. (7) Medscape.com. (8) ACAAI 2014: Abstracts P328 and P329. (9) Allergy. 2010 Jun 1;65(6):758-765. (10) J Am Acad Dermatol. 2004;50(3):391-404. (11) Contact Dermatitis 2008; 59:43-47.

Dr. Dunaief is a speaker, author and local lifestyle medicine physician focusing on the integration of medicine, nutrition, fitness and stress management. 

By Irene Ruddock

‘My goal as an artist is to seek beauty and truth in my paintings and to find an element that viewers can relate to.’

  William Graf

William Graf is a fine artist, professional illustrator and instructor of drawing, oil, acrylic and watercolor painting at The Atelier at Flowerfield in St. James, the Art League of Long Island and the National Art League of New York. His extensive art career began after completing his drawing and old master painting studies at the Art Students League of New York and in Florence, Italy, at the Cecil- Graves Studio. 

Graf continues to be commissioned for work as an illustrator for major publishing companies. One of his noteworthy commissions was for a mural depicting a scene of President Theodore Roosevelt’s children in the White House, which was painted to be displayed in the Museum of American History. 

Recently, I had a chance to chat with the Huntington resident about his journey from graphic design to the fine art world. 

 How would you describe your work? 

Having studied with realist art instructors in the states and in Florence, Italy, my work echoes the classical realist tradition. I paint simple images in life, hoping to bring a certain poetry to my artwork.

How has your painting evolved over the years? 

I feel that my painting has matured from photographic realism to a more naturalistic style all the while incorporating good realistic principles.

What do you feel has been the most gratifying about the art world? 

The thing that gives me the most gratification in art is teaching people all that I have learned during my career. I love to impart my knowledge to students seeking to become better artists. I enjoy watching the progression when the practice of good drawing and painting come together, and the student has that “breakthrough moment.”  

In this diverse art career from graphics and design to illustration for major publishing companies, can you describe a turning point that lead you to pursue fine art? 

I’ve always kept my hand in fine art, continuing to paint landscapes, portrait commissions and still life while working as an illustrator. The crossover stemmed from the fact that most of my illustration work was figure oriented with landscape backgrounds, so, for me, it was a natural crossover. 

You still are actively commissioned by major publishing companies for illustration. What fine art qualities do you bring to this? 

Yes, I am still actively taking on commercial illustration projects, such as book cover design, illustration and children’s books. In my illustrations, I try to incorporate a higher aesthetic, whether it be in composition or drawing. I strive to make my illustration and fine art synonymous.

Your awards and scholarships are from prestigious organizations —The International Miniature Portrait Society, etc. Is there one award that is most meaningful to you?

There was one award that had a meaningful impact on my fine art career. A few years back, I painted a self-portrait and decided to show it at a juried portrait show at the Huntington Arts Council. Well, the judge was Kevin McEvoy, director of The Atelier at Flowerfield and he awarded the self-portrait “best in show!”

You now teach at The Atelier at Flowerfield in St. James. Why did you choose to teach there? 

After winning that best of show award I was approached by Kevin McEvoy to consider a teaching position there. The timing was perfect. We both studied in Florence with the same instructor so our backgrounds were similar. What we teach is classical realism with emphasis on “sight size” drawing and painting. The type of study is in the tradition of the European atelier system where students can observe the techniques as demonstrated by the instructors. All levels of students are in my classes from beginners to professionals who wish to learn the old masters’ techniques of painting. 

What about your future excites or inspires you? 

I will be teaching a plein air workshop in Cortona, Italy, in June 2019. This will be a Tuscan landscape workshop with some portraiture.The following September I will teach a workshop in Maine where we will paint in various locations that Winslow Homer painted. Come join us! I am also looking forward to having a solo exhibit at the Barnes Gallery in Garden City in October. For details, visit my website at www.williamgraffineart.com.  

Hyunsik Kim and Erin Kang. Photo from Matthew Lerner’s lab

By Daniel Dunaief

This is the second half of a two-part series on autism research conducted by Hyunsik Kim and Erin Kang.

 Last week we focused on the work of Stony Brook University graduate student Hyunsik Kim, who used three criteria to diagnose autism. This week we will feature the work of another SBU graduate student in the Department of Psychology, Erin Kang, who specifically explored the types and severity of communication difficulties autistic children have. 

Words and the way people use them can offer clues about autism. Looking closely at pronoun reversals, speech delays, perseveration and 10 other characteristics, Kang determined that the number of features was a “powerful predictor of an autism spectrum disorder diagnosis.” 

In a paper published online in the Journal of Clinical Child & Adolescent Psychology, Kang grouped children from 6 to 18 years old into different subgroups based on their communication patterns and used a statistical method that allows the data to “speak for itself,” in terms of finding groups based on the patterns of how the communication difficulties are associated and to classify them.

According to Kang, heterogeneity is an important feature of autism spectrum disorder. “There has been a greater effort into understanding whether subgroups exist in ASD populations,” she explained in an email. By examining the atypical communication characteristics, she found four subgroups. These groups differed from each other, not only with autism, but on multiple measures, including the occurrence of anxiety or depression and with intellectual disabilities.

The communication difficulties occur at different rates within the autism children throughout Long Island that Kang studied.

Kang said her work has been “building on the previous literature,” although many of the previous studies focused on characterizing autism for children who were younger than 6.

“There are few studies on specific symptoms (e.g., stereotyped speech) across the body of literature,” she explained, adding that she’s passionate about exploring the trajectory of development over time with or without intervention. 

She and her co-authors, Ken Gadow and Matthew Lerner, who are also at Stony Brook University, are working on a follow-up paper that attempts to explore how changes in the pattern of communication challenges examined in the paper relate to other clinical aspects and outcomes.

Kang believes her results have clinical implications that will help in understanding autism. Atypical communication features are a good predictor of diagnostic status. “This can provide an advantage in assessing social communication profiles in autism,” she said. “It’s hopefully valuable in a low-resource setting.”

Parents might be asked 13 questions on a checklist, which could serve as an initial screening for more comprehensive autism evaluations, rather than a multiple checklist that could take a while for parents to complete. The different categories had specific features that distinguished them. 

“There’s been quite a bit of work in the speech and language field,” said Lerner, an associate professor of psychology, psychiatry and pediatrics in the Department of Psychology at Stony Brook University and Kang’s mentor. “This approach allowed us to ask about some of the specific types of language differences we often see.”

Lerner said what Kang found is that specific characteristics do tend to cluster together in “interesting and unique ways that can tell us more about the communicative phenotype of autism.”

One of the groups, which she called “little professors,” had speech patterns with considerable perseveration. In perseveration, a person repeats a word or phrase, even when a question or stimulus that might elicit that phrase no longer continues. As an example, Dustin Hoffman in the movie “Rain Man” frequently repeated the number of minutes until Judge Wapner was on TV.

“These kids would benefit more from a group-based social skills intervention that specifically integrated interacting with peers,” Kang said. People in this group had the highest percentage of wanting a friend, but difficulty with relating to peers.

“They will benefit especially from interventions that help them build skills in interacting with peers,” she explained.

She also suggested that the best way to make a reliable diagnosis is to collect as much information as possible, which could include observations and electrophysiological data.

Kang acknowledged that some of the responses from the parents or teachers of people with autism contain bias. “There can be a lot of potential especially in terms of these subjective measures,” she said.

Indeed, through Lerner’s lab, Kang has been trying to include more uses of neurological measures and other methodology that is less subject to biases.

“Hopefully, by looking at these more objective measures, we can help integrate information from these different levels,” she said.

A resident of East Northport, Kang lives with her husband, musician Sungwon Kim, who works as a freelancer on Broadway musicals. The couple, who have a young son, met in Boston when she was working at Boston Children’s Hospital and he was a student at Berklee College of Music. 

Kang’s first experience with autism was in high school, when she acted as a mentor to a second grader. When she entered college at the University of California at Berkeley, she studied molecular and cellular biology and psychology.

Lerner said that Kang is a “truly remarkable young scholar” and is “among the best I’ve seen at her stage to be able to look at her clinical experiences, which drive the questions that strike at the core of how we understand and treat autism.”

Lerner appreciates how she is driven to understand autism from neurons in the brain all the way up to the classification and treatment.

“She is somebody who is completely undaunted by taking on new questions or methodologies because she has an idea of what they’re going to mean,” Lerner said. “She has worked with [autistic children] and has tried to understand where they are coming from.”

Kang questions assumptions about what autism is, while also exploring its development.

“She is able to see and discover clinical strengths that manifest in the kinds of questions she asks,” explained Lerner. “She is a part of the next generation of where my field is going, and I hope we can catch up to her.”

Kang appreciates the work-life balance she has struck on Long Island, where she feels like the pace of life is “quiet and calm during the week,” while it’s close enough to New York City to enjoy the cultural opportunities.

All the major religious traditions at their core espouse love, forgiveness and respect.

By Fr. Francis Pizzarelli

Father Frank Pizzarelli

Over the last few weeks we have read much about racism, bigotry and discrimination that continues to infect our social landscape. We have also seen the double standard when it comes to holding people accountable for the poor choices they have made.

Accountability seems to be a concept sadly missing in our civil discourse. Freedom of speech is a basic human right guaranteed by our Constitution. However, that right does not allow people to publicly disrespect and degrade others because we disagree with them.

Let’s take a moment and reflect on the social rhetoric that is infecting our civil discourse on a regular basis. Some feel that they have the right to say and do whatever they want even if it’s at the expense of someone’s character and integrity grounded in no fact or reality.

It becomes increasingly difficult to hold people accountable when those who lead us on both sides of the aisle live with a double standard; when our religious leaders live by a double standard. We have the right to hold any opinion we wish. We do not have the right to impose our opinion on others or demean them if we disagree. Basic human respect for the dignity of every person seems to be buried in the rubble of hateful speech and countless people making excuses for that hatefulness.

All the major religious traditions at their core espouse love, forgiveness and respect. It is unacceptable to use religion as a manipulative tool to justify basic hate, discrimination and bigotry. Our religious community has to move beyond their silence and speak to the issue of respect for all people, no matter what their social and/or political circumstance.

In early September a few years ago, a Jewish family was celebrating a Jewish holy day. The public schools in the community were closed to respect and honor the Jewish community. The family came home from temple and found a white swastika painted on their driveway. Needless to say, they were devastated.

Upon investigation, local law enforcement discovered that two Christian eighth-grade boys who were classmates of the boy who was a member of this family painted that hateful symbol on their driveway. Those young men did not know that the boy’s grandmother lived with them and that she was a survivor of the Holocaust.

Law enforcement took the two boys responsible for this horrific act, arrested them and charged them with a hate crime. The two boys were friends with the Jewish boy whose home they violated with that horrific symbol.

Unfortunately, that hateful act polarized that small community. Some felt people overreacted to a childish prank, stating boys were boys just playing around with no harm or disrespect intended. Others felt people minimized the severity of that act of hate and felt the young men should be held fully accountable for their reckless decision-making.

The victimized family, especially the Holocaust survivor, did not want to prosecute the guilty boys, but they did want them to be held accountable and helped to understand how profoundly hurtful their prank was.

After many conversations back and forth with law enforcement and the local school officials, the elderly Holocaust survivor suggested that the boys apologize before her temple community and participate in a full school assembly on the need for respect and tolerance of people from every walk of life and at that assembly apologize for being so hurtful.

The boys agreed. The charges were dropped and what was once a hateful act became an opportunity to learn a real-life lesson about respect, tolerance and accountability.

Fr. Pizzarelli, SMM, LCSW-R, ACSW, DCSW, is the director of Hope House Ministries in Port Jefferson.

Curried Cauliflower Bisque

By Barbara Beltrami

Many readers have asked me for more soup recipes and who can blame them? Winter chills have a way of making us crave bowls and mugs of hot soup for lunch as well as dinner. I make a huge pot of soup every week, as much, I think, for the comfort of its simmering on the stove as the comfort of ladling it into sturdy mugs and bowls and ingesting a sense of well-being despite what’s going on outside. For a little variety this time I’ve focused on pureed soups, which are smooth and very sipp-able from a mug (I think of them as winter smoothies), and I’ve come up with three favorites: Cream of Tomato and Cream of Mushroom, which are guaranteed to keep you zipping right past that canned soup aisle forevermore, and finally a nice spicy Curried Cauliflower Bisque, which will definitely get your taste buds singing.

Cream of Tomato Soup

Cream of Tomato Soup

YIELD: Makes 6 servings.

INGREDIENTS:

3 tablespoons unsalted butter

¾ cup chopped onion

¼ cup flour

4 cups milk

1 bay leaf

1½ teaspoons sugar

Two 28-ounce cans diced tomatoes

½ teaspoon baking soda

Salt and freshly ground pepper, to taste

DIRECTIONS:

In a large pot melt butter over medium heat; add onion and cook, stirring frequently, until soft but not browned. Add flour and cook, stirring constantly, 1 or 2 minutes until a smooth paste is formed. Slowly add milk, then bay leaf and sugar and continue to cook and stir until slightly thickened, about 10 to 15 minutes. In a medium bowl, combine tomatoes,  baking soda and salt and pepper; add to milk mixture and bring just to a simmer; remove bay leaf and discard. Let cool slightly and puree in batches in food processor or blender. Return to pot and, stirring frequently, bring back to simmer or cover and refrigerate for up to 3 days. Do not freeze. Serve with grilled cheese sandwiches.

Cream of Mushroom Soup

Cream of Mushroom Soup

YIELD: Makes 4 to 6 servings.

INGREDIENTS:

4 cups chicken broth

1 pound mushrooms, cleaned and chopped

2 shallots, peeled and minced

6 tablespoons unsalted butter

1/3 cup flour

½ cup half-and-half

1 bay leaf

Salt and freshly ground pepper to taste

DIRECTIONS:

In a medium-large pot bring chicken broth to a low boil; add mushrooms and shallots and simmer one hour. In a large saucepan over medium-low heat, melt butter, then whisk in flour until smooth; slowly whisk in half-and-half, bay leaf and salt and pepper and cook until mixture is thickened and smooth, about 15 to 20 minutes. Add mushroom broth to mixture and stir until thoroughly incorporated. Let cool slightly, then puree in batches in food processor or blender; return to saucepan and reheat, stirring frequently, over medium-low flame. Remove bay leaf and discard. Serve immediately with buttered toast or crackers.

Curried Cauliflower Bisque

Curried Cauliflower Bisque

YIELD: Makes 4 servings.

INGREDIENTS:

1 head cauliflower, separated into even florets

2 tablespoons unsalted butter

1 tablespoon olive oil

3 medium onions, chopped

6 cups chicken or vegetable broth

2 teaspoons curry powder or to taste

Freshly ground black pepper to taste

1 cup plain Greek yogurt

DIRECTIONS:

Steam cauliflower until very tender, 10 to 15 minutes depending on size of florets. In a large saucepan heat butter and oil over medium heat; add onions and sauté until soft but not browned, about 10 minutes. Add steamed cauliflower, broth, curry powder and pepper; stir, then transfer mixture in batches to food processor or blender and puree until smooth. Return to saucepan and heat over low flame. Top with yogurt and serve immediately with a cucumber salad.

By Leah Dunaief

Leah Dunaief

Before February’s Black History Month moves away for another year, I would like to share with you the exciting story I read in Doris Kearns Goodwin’s book, “Leadership: In Turbulent Times,” with lessons from four presidents as leaders: Abraham Lincoln, Theodore Roosevelt, Franklin D. Roosevelt and Lyndon B. Johnson. Now you might be thinking that’s not the sexiest subject to be writing or reading about, but in her storytelling hands, it is a page turner. 

We all know too well that Johnson, the Democratic vice president, became president when John F. Kennedy was assassinated on Nov. 22, 1963. At that time, Kennedy’s progressive legislation was totally bogged down in Congress, going nowhere. What might not be so well known is that LBJ, as he was fondly known, was a “master mechanic” of the legislative process for he had come of age in politics in Congress. “It was his fierce resolve not simply to dislodge Kennedy’s stalled agenda but to realize a society built on racial and economic justice far beyond the [FDR’s] New Deal and [Kennedy’s] New Frontier,” Goodwin wrote.

Taking advantage of the short burst of sympathy and support that he expected to realize from the nation, Johnson, a Texan, wanted to get the contentious civil rights bill, designed to end segregation in the South, enacted. “We have talked long enough in this country about equal rights. We have talked for 100 years or more. It is time now to write the next chapter, and to write it in the books of law,” he told Congress in his address to the nation on Nov. 27, 1963. 

But first he needed some congressional momentum to oil the rails and cleverly called for Kennedy’s tax cut to pass. Less divisive than the issue of civil rights, the bill had passed in the House after 13 months but was opposed by Virginia Sen. Harry Byrd, a conservative Democrat and chairman of the Senate Finance Committee. Conservatives then adamantly believed in a balanced budget. The idea of tax cuts came from liberals.

Johnson was able to work out a deal with Byrd. If he could get the proposed budget down below $100 billion in 1965, Byrd would bring the bill to the floor for a vote. With great effort, Johnson did, the bill was voted on and the Revenue Act of 1964 was passed into law on Feb. 26, barely three short months after the assassination. 

Now came the bigger challenge: civil rights.

Once the tax cut bill passed, promising more revenue from increased business that could be spent on social services, Lyndon Johnson focused his
attention and his legislative expertise on securing the mandate of law for civil rights. 

To say the least, Southern Congressional Republicans, many of them Johnson’s friends, adamantly opposed his effort. He liked to tell them his personal story about his longtime black employees, his housemaid and butler, Helen and Gene Williams, and his cook, Zephyr Wright.  

Each year Johnson asked them to drive his extra car from Washington, D.C., back to Texas, a three-day journey. One year Johnson asked Gene to take along his affectionate beagle as well. It was then that Johnson learned how difficult such a trip was for those of color: almost no places on the road to stop and eat, almost no bathrooms in which they were allowed, few places to sleep. “A colored man’s got enough trouble getting across the South on his own, without having a dog along,” Gene explained. Now, all these years later, the winner of the best picture at Sunday’s Academy Awards, “Green Book,” tells us the same story about traveling through the South in the 1960s with its unjust system of segregation.

Johnson knew his passionate advocacy for this bill would separate him from the South and from his Southern friends and colleagues. 

Johnson confronted those in Congress with how wrong segregation was and tirelessly worked the legislative system for passage of his bill. He challenged Virginia’s defiant Judge Howard Smith, a Democratic congressman and chair of the House Rules Committee by resorting to the discharge petition, a rarely used procedure, to blast the bill out of committee with the help of a majority of representatives. He rallied those outside the House to pressure their elected representatives to free the bill. The strategy worked, as leaders all over the country organized to do just that. 

Once out of committee, the House passed the strongest civil rights bill since Reconstruction. 

Next came the Senate. Johnson took on Richard Russell (D-Georgia), Senate leader of the Southern opposition, in a pitched battle that proved history is the result of individuals in the right place at the right time. Only a son of the South could have persevered at that juncture. Johnson managed, with the help of Republicans, and especially Senate minority leader, Everett Dirksen (R-Illinois), to break the Southern-led Senate filibuster. The bill then passed in the Senate. 

On July 2, Johnson signed the Civil Rights Act of 1964 into law. He ended by saying, “To the extent Negroes were free, really free, so was I. And so was my country.”

By Daniel Dunaief

Daniel Dunaief

Wait, was that at me? How am I supposed to know? She’s still waving. I could wave back, but what if she’s waving to someone else. Should I put my stupid hand in the stupid air and risk the possibility of looking stupid?

Yes, this happened to me many times during my adolescence. How was I supposed to react when someone I kind of knew, or maybe wanted to know, was waving in my direction? Sometimes, I pretended I didn’t see the person waving, while I casually looked around to see if anyone near me was responding. I probably looked like I had a neck twitch, as I scanned the area to see if it was safe to wave.

These days, the waving conundrum has taken a different form, especially after we moved away from the tristate area. It appears that the Northeast and Southeast have different rules for waving. In the Northeast, we wave when someone we know well walks by us in the car. If they don’t see us, perhaps we offer a quick and polite tap on our horn, just to let them know we saw them and we’ll likely text or email them later.

If someone we’re pretty sure we don’t know waves, we immediately assume that someone else is the recipient of their gesture — they have a small dog on the loose and we better slow down, or their children are playing a Nerf gun game and might dart into the street. If they continue to wave, we squint for a while, trying to figure out if maybe they’ve lost weight. It could be they’re someone we might have met casually at one of our kids sporting events, or they want us to sign a petition, or even buy a product we’re sure we don’t need because we can’t stand all the crap we already have in our own house.

Of course, if we have our defensive curled upper-lip action going too quickly, we might scare away our son’s teacher, our daughter’s assistant coach or a new neighbor who has introduced herself to us four times.

In the Southeast, however, the rules are different. Most of the people in the passing cars wave when I walk the dog. Yes, we have a dog and, no, you can’t pet him even though he’s pulling as hard as he can to get to you because I have to bring him back inside so I can do some writing. I’ve stopped trying to figure out the source of the amicable gesture and I wave back. My son, who sometimes accompanies me on these dog walks, wondered, “Hey, do you know that person?” He is still playing by the rules of the Northeast.

I explained that I wave at every car, even the likely empty parked vehicles in case someone is sitting in them, because that’s what you do here. I told him I’ve conducted my own experiment, where I don’t wave and I see what happens. More often than not, the person slows down and waves even more vigorously, as if to say, “Hey, I’m waving here. Now it’s your turn.”

Kids in the modern era seem to have solved the waving problem. They do a quick head nod, which could be a response to a similar gesture from someone else or it could be a way of reacting to music no one else hears. Then again, they’ve probably figured out how to make a thinner, acne-free virtual version of themselves wave at cartoon versions of their friends.

Girl doing school work in classroom

This year, more than ever, Long Islanders are about to find themselves in a jam when it comes to taxes. 

It’s been a little more than a month since employees received their 2018 W-2 forms. While that extra $20 or maybe $60 in each paycheck felt great to pocket in January 2018 due to passage of President Donald Trump’s (R) Tax Cuts and Jobs Act, it probably doesn’t feel quite so good now. 

Thousands of middle-class residents are facing a sobering reality upon calculating their 2018 tax returns. Many are finding out their anticipated tax refund has turned into an IOU to Uncle Sam. It’s in part thanks to the elimination of several federal deductions of moving expenses, home equity loan interest or, particularly, the $10,000 cap on state and local taxes deduction. 

It’s the SALT cap that is playing a major factor in reducing or elimination people’s anticipated federal tax return. The average property taxes for Suffolk homeowners is $9,333, according to a 2017 analysis by ATTOM Data Solutions. It’s even higher for many property owners along the North Shore in Setauket, Huntington and Smithtown. Now, there’s nothing to help offset Suffolk’s high taxes. 

For the average Suffolk homeowner, 60 percent of their annual tax bill is due to educational costs, according to the 2017 study. Or, more than half can be attributed to your local school district’s tax levy and annual budget. 

As many North Shore residents come to the realization their property taxes alone exceed the SALT deduction limit of $10,000, school districts are starting to unveil their first drafts of the 2019-20 budgets. While most districts, if not all, anticipate a proposed budget that stays within the state-mandated 2 percent tax cap, any increase in taxes no matter how marginal will continue to put an increased burden on residents. 

It is an undeniable truth that providing our children with a good, solid education in a safe setting is of the utmost importance. We must beg the question — is there some way to do it in a more cost-effective manner? We’re not asking school administrators to cut corners but think creatively when drafting their 2019-20 budgets. 

Whether the state-mandated tax levy cap is 1.83 or 2.58 percent, we’re asking you to think of cost-saving measures — for example, collaboratively purchasing goods and services cheaper in bulk — to help keep the school taxes increases far below that cap. If we were to think of the state-mandated tax cap as a ceiling, we want to ensure there’s adequate space or gap between the budget’s ceiling and the annual increases. 

Everyone has to pull together to keep living on Suffolk’s North Shore affordable, one part of which is keeping taxes as low as possible. As school district taxes make up the largest portion of our taxes, we have to ask districts to please tighten your belts a little more and keep those tax levies low.