by David Cruz 

For the second time this political season, Assemblyman Jose Rivera has turned down another debate, this one pegged as a political forum, dodging his opponent in the 78th Assembly District race, Fernando Tirado. The news came amid word of threatening phone calls to the center warning it could lose its non-charitable status should the debate proceed.

Rivera, a longtime legislator in the 78th AD covering Bedford Park, Fordham, Tremont and Kingsbridge Heights, wrote in a statement that his refusal stemmed from the venue chosen as the site of the forum, the Bedford Park Multi-Service Senior Center. The debate, having been organized by The Bronx Chronicle, was intended for tonight. Tirado plans to appear.

In a statement, Rivera said his absence is largely due to the venue’s status as a 501(c)(3) operation, which he believes should not hold “political partisan forums.” Though his position appears to be purely on the basis of a philosophical stance, Rivera’s interpretation of the law is questionable.

According to information found in the Internal Revenue Service website, a nonprofit is not in danger of losing its charitable status so long as it adheres to certain guidelines that include equal time given to both candidates, impartiality towards any candidate and lack of financial support. The law does get murky should a forum be held and an empty seat be present to represent the candidate who failed to appear.

Rivera’s absence was a slap in the face for Tirado, who had anticipated for Rivera to appear at the forum after getting snubbed during a debate on BronxTalk With Gary Axelbank. To many the move signifies a disregard and perhaps undemocratic stance made by Rivera, who hasn’t appeared in many debates when challenged in any political race over the years.

Rivera, known for his hats and propensity to film gatherings, represents a district that has the second lowest voter turnout record in the Bronx within the last decade.