Town of Brookhaven joins lawsuit against Albany over cannabis dispensary locations | The L

February 9, 2026

The Town of Brookhaven joined Southampton and Riverhead town governments in a lawsuit filed on Friday in Albany that claims New York State has handcuffed local towns’ ability to choose where dispensaries are placed and illegally limited their “home rule” rights to oversight of basic commercial development requirements. Michael Wright reports on 27east.com that the lawsuit asks a state court to nullify the component of the state’s Cannabis Law that limits local governments to only very narrow power to regulate cannabis dispensaries as far as their hours of operation, parking and traffic flow arrangements and nuisances like noise or smell.

Southampton, Riverhead, and Brookhaven Towns say in their lawsuit that when their respective legislative bodies chose not to “opt out” of allowing retail cannabis sales — as all counties, towns and villages were given the chance to do prior to December 31, 2021 — they did so on the basis of assurances from state officials that they would be allowed to determine where within their boundaries the shops would be allowed.

But the suing towns say that in September 2023, months or years after the three towns had adopted their own new regulations that allowed dispensaries to operate under a set of standard requirements similar to how other commercial businesses are regulated, the state adopted new guidelines that, if interpreted literally, greatly limit the towns’ authority to constrain cannabis stores.

Since that time, the state Office of Cannabis Management has issued several “advisory opinions” regarding regulations adopted by the towns, saying that the towns’ respective cannabis codes were “unreasonable and impracticable” and had limited cannabis business in ways it did not have the authority to under the superseding state law.

While the advisory opinions issued by the Cannabis Control Board do not carry actual legal authority, they have been instrumental in at least three court rulings in the last year that struck down local constraints in Southampton and Riverhead.

“I think I can speak for all of the towns involved in that we are forced to take this action to protect the towns’ Home Rule authority and our ability to control the regulation of land use within our respective towns,” Southampton Town Attorney James Burke said on Friday.

Critics from within the cannabis industry have said that the state’s claim to stringent limits on local authority will discourage other towns from opting into allowing cannabis sales in the future, and will further hamstring the already slow growth of the industry on Long Island.

There are more than 580 state-licensed dispensaries open statewide, but fewer than a dozen on Long Island — not counting the 10 on the Shinnecock Nation territory in Southampton, which are not state regulated.

***

Icy conditions and blowing snow continued to make travel difficult Sunday morning, after a Saturday night that saw dozens of vehicles disabled across town due to drifting snow, Riverhead Highway Superintendent Mike Zaleski said. Denise Civiletti reports on Riverheadlocal.com that snow accumulations since Saturday morning were in the 2-to-4-inch range, but sustained winds of 25 to 35 mph, with gusts up to 50 mph caused drifts of 7 to 10 feet in some areas, Zaleski said yesterday. Reeves Avenue and the eastern portion of Peconic Bay Boulevard had the worst drifting, and there was significant drifting on Sound Avenue as well, he said.

Riverhead Town Police Chief Ed Frost said, “Several roadways needed to be shut down due to wind-driven snow drifts, which can cover a roadway very quickly.” The blowing snow caused “very tough conditions,” he said.

“This one was a crippling storm,” Zaleski said. “The winds killed us.”

“There were lots of vehicles on the roads, lots of vehicles getting stuck all throughout the night,” Zaleski said. That hampered highway department operations as they fought to keep drifts under control, he said.

Stranded motorists were a big problem.

Zaleski estimated that highway crews and police pulled about 50 vehicles out of drifts Saturday night and during the early morning hours Sunday.

“A car stuck in the middle of the road stops us from plowing,” he said.

“The team work between the Highway Department, Buildings & Grounds Division and the police department was excellent and led to a successful outcome,” Frost said. He thanked all personnel for their work.

Zaleski also had praise and gratitude for the workers and the job they did.

“These guys takes such pride in keeping these roads open,” he said “I can’t thank them enough.”

***

Every Minute Matters: Recognizing and Responding to Stroke with Stony Brook Eastern Long Island Hospital in the Cutchogue-New Suffolk Library is a free presentation this coming Wednesday, February 11 at 2 p.m.

Join Lawrence Schiff, MD, FACEP, FAAEM, Vice Service Chief, Emergency Medicine at Stony Brook Eastern Long Island Hospital, for an important discussion at the Cutchogue-New Suffolk Library on how to recognize and respond to stroke.

Learn how to spot the warning signs using the B.E. F.A.S.T. method: Balance, Eyes, Face, Arms, Speech, and Time, and why quick action saves lives. Dr. Schiff will also share how Stony Brook Eastern Long Island Hospital SBELIH is nearing Primary Stroke Center designation, further strengthening access to expert, lifesaving stroke care close to home.

Call (631) 477-5164 to Register

This Free event is on Wednesday; February 11, 2026 at 2 p.m.

In the Cutchogue-New Suffolk Library

27550 Main Road

Cutchogue, NY 11935United States

631.734.6360

***

More than 100 people gathered on Front Street in Greenport yesterday to protest U.S. Immigration and Customs Enforcement after federal agents last week arrested three longtime Latino residents. Bahar Ostadan reports in NEWSDAY that bracing extreme wind chills, protesters bundled in ski suits, hugged one another and discussed the week’s events. One small group arrived by ferry from Shelter Island, and nearly every passing driver in the village of 2,200 honked to show support.

As music from Bad Bunny blasted, Rosa Valladares stood among the crowd holding a protest sign in Spanish that read, “Kids need protection. Not trauma, not fear.”

“I feel so sad,” Valladares, 39, who immigrated to Greenport 14 years ago with two children, said through tears. “I don’t know what’s going to happen tomorrow. … We have to be strong together and pray.”

Federal immigration agents early Wednesday arrested three immigrant men who have lived in Greenport for more than 20 years and have not committed a crime since they entered the United States according to community leaders. The whereabouts of the three men remain unclear.

The immigration status of the three men — Alexandro Rivera Magaña, Martir Zambrano Diaz and Hugo Leonel Ardon Osorio has also not been reported.

ICE officials have not yet responded as to why these men were arrested.

More than half of the Greenport Village population is Latino, Mayor Kevin Stuessi said, with many immigrants working in vineyards, restaurants, local hospitals and the Peconic Landing retirement community.

The Greenport school district is more than 65% Latino.

Also Sunday, about 50 people responded to a parking lot at a Suffolk Credit Union in Riverhead after reports of ICE agents apparently photographing a man, according to Amy Kurtz, who told NEWSDAY that she witnessed the incident. A crowd of protesters were yelling and blowing whistles at a vehicle with ICE agents inside as local and state police officers looked on, Kurtz said.

Bahar Ostadan reports in NEWSDAY that about 45% of Suffolk County immigrants without permanent legal status — at least 30,000 people — have been in the United States for 20 or more years, according to the Migration Policy Institute. The same is true for 50% of immigrants without permanent legal status in Nassau.

“What has been happening in the United States over the past year is one of the darkest times in modern history,” said NYS Assemb. Tommy John Schiavoni (D-Sag Harbor). “It’s probably going to get worse before it gets better.”

Rep. Andrew Garbarino (R-Bayport), chair of the House Homeland Security Committee, will oversee a key congressional hearing this week with top immigration officials expected to testify. He’s pushed back on the Trump administration limiting congressional oversight, including when officials banned impromptu visits to ICE jails.

***

The Town of Southampton Youth Bureau will host an Open Mic Night for local youth on Friday, February 27, from 6 to 8 p.m. at Hampton Coffee Company’s newest location, 31 Shinnecock Road in Hampton Bays.

This free event is open to students in grades five through 12 and is designed to provide a supportive, welcoming space for young performers of all experience levels. Acoustic musicians and bands, singers, spoken word artists, poets and comedians are all encouraged to take part.

Performance slots are limited to 20 participants; advance reservations are required. Youth interested in performing may reserve a time slot by emailing pstrecker@southamptontownny.gov or by registering online.

For additional information, contact the Southampton Youth Bureau at 631-702-2425 or visit southamptontownny.gov/Activities

***

Republicans are slamming Gov. Kathy Hochul’s running mate Adrienne Adams for championing legislation to allow non-citizens to vote in New York City municipal elections.

Carl Campanile reports in THE NY POST that Adams, who is now the Democratic Party candidate seeking election as lieutenant governor in the state of New York on Hochul’s ticket, was a Queens councilwoman who voted for the controversial law in 2021. She defended the measure after she became speaker in 2022.

The legislation, which would have allowed 800,000 non-citizen NYC residents such as legal green-card holders to vote in city elections, was eventually struck down by the state’s highest court as unconstitutional.

“Anyone trying to dilute the voices of American citizens and pushing for non-citizens to vote in our elections has no business statewide or any elected office,” said Rep. Nicole Malliotakis (R-Staten Island/Brooklyn).

New York State Republican Party Chairman Ed Cox said Adams’ extensive overall voting record in the council will be scrutinized, including bills she supported to rein in the Police Department.

“Non-citizen voting is way out there,” Cox said.

Former Staten Island GOP city Councilman Joe Borelli predicted that the issue will only fuel Hochul’s Republican gubernatorial foe, Bruce Blakeman, the current Nassau County executive on Long Island.

Blakeman is set to tap upstate Fulton County Sheriff Richard Giardino — known for his tough-on-crime and pro-gun stances — as his running mate, sources told The Post yesterday.

“If immigration remains an issue, which by all likelihood it will, Blakeman will surely point to this non-citizens bill as a validation of broader GOP points on illegal immigration and voter ID,” Borelli said. Adams not only voted for the non-citizens bill, as council speaker, she also supported a city appeal after a Staten Island Supreme Court judge declared the measure unconstitutional. “We stand firm in our commitment to empowering immigrant New Yorkers to participate in our local democratic process,” Adams said at the time.

Listen to more episodes of The Long Island Daily.

 

Search

RECENT PRESS RELEASES