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Law Enforcement Today | September 16, 2014

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Does Proposed New York City Bill Hamper NYPD?

Does Proposed New York City Bill Hamper NYPD?
Nick Dial

Newly proposed New York City Initiative No. 1080 is raising some serious concerns within the law enforcement community.

A recent ad placed in the New York Post by the Captains Endowment Association and the Lieutenants Benevolent Association stated the following,

“The New York City Council wants to pass a law that bans police officers from identifying a person by age, gender, color or disability. If a police officer transmits descriptions beyond clothing color they can be sued for racial profiling. That’s dangerous for the public and police officers.”

On its face, this sounds absurd.  Anyone with an ounce of common sense would argue, how can police officers possibly find suspects when they are barred from using race, color or gender when trying to find a suspect?

Upon further investigation, however, it appears the ad put out by the NYPD associations are not exactly accurate. In fact, the language of the bill that police can use such information when it is in reference to a crime. The bill actually states the following,

Ҥ 14-151 [Racial or Ethnic]Bias-based Profiling Prohibited. a. Definitions. As used in this section, the following terms have the following meanings:

1. “[Racial or ethnic] Bias-based profiling” means an act of a member of the force of the police

department or other law enforcement officer that relies on actual or perceived race, [ethnicity, religion or] national origin, color, creed, age, alienage or citizenship status, gender, sexual orientation, disability, or housing status as the determinative factor in initiating law enforcement action against an individual, rather than an individual’s behavior or other information or circumstances that links a person or persons [of a particular race, ethnicity, religion national origin] to suspected unlawful activity.”

The key sentence in the bill is “rather than an individual’s behavior or other information or circumstances that link a person or persons [of a particular race, ethnicity, religion, national origin] to suspected unlawful activity.”

 

What the bill is, in fact saying, is that police officers cannot use race, sex, gender, religion, etc. unless there is a specific crime that links such an individual. In other words, if an officer responds to a theft, and they get a description of the suspect, all of these factors can still be used and broadcasted in an attempt to locate, just as we do today. According to the language, officers can still use the same methods as always to track a suspect. However, the language is a bit ambiguous, and could have been written far more clearly and concisely.

Now that this has been cleared up, here comes the next question. Why? What is the goal this bill is trying to achieve? In the legislation, the reasoning behind this bill is a result of what many claim is discrimination that has become prevalent from New York’s “Stop and Frisk” policy.

The legislation states:

“The City Council expresses deep concern about the impact of NYPD practices on various communities in New York City. In particular, the Council expresses concern about the NYPD’s growing reliance on stop and- frisk tactics and the impact of this practice on communities of color.”

“Stop and Frisk” has been at the center of debate for some time.  “Stop and Frisk” was a constitutionally questionable tactic that left room for abuse and over dependence.  However, to push new legislation based on this issue is a moot point.

“Stop and Frisk” has already been found to be unconstitutional. In January 2013, Federal Court Judge Shira Scheindlin ruled this practice to be in violation of the 4th amendment, and ordered the police to refrain from such practice. Based on this recent turn of events, why is this bill still being pushed? It is already illegal for police to profile and this bill only further gums up the works with more legal language to be twisted.

The NYPD associations are correct in one regard; this will only open up loopholes for sue-happy attorneys to target the City of New York and NYPD for dubious claims of profiling, which in turn deludes legitimate cases of discrimination when they arise.

Profiling without probable cause is already illegal and is broad sweeping to protect everyone. Introducing a bill that does nothing more than name specifics to certain “protected” groups only further complicate what is a pretty straightforward law.  This is like introducing a bill that defines it illegal to kill women, children, men, adults, teenagers, etc. What is the point? Murder is all encompassing and the need to name specifics is just silly.

It is important to not let political correctness become the basis for policy and legislation which should be rooted in sound logic and reason. Public trust and safety are at stake.  We need logical and sound legislation, not feel-good laws that muddy legal waters.

Nick is a former Arizona police officer and deputy.  He is a Kaplan University Counter Terrorism and Homeland Security major, recently graduating with highest honors.  Nick is a member of The National Society of Collegiate Scholars, the Golden Key International Honor Society, Alpha Betta Kappa Honor Society, and Alpha Phi Sigma Criminal Justice Honor Society. He has appeared as an expert commentator on Fox News Radio, and has been published in academic journals as well as Police One.           

Learn more here:

http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=1444267&GUID=BCB20F20-50EF-4E9B-8919-C51E15182DBF&Options=ID%7cText%7c&Search=1080

http://www.breitbart.com/Big-Government/2013/06/20/NYPD-to-city-council-blindfold

http://www.nypost.com/p/news/local/cops_say_new_bill_will_blind_and_GPweD7fZD6q3MTmPtu6xfI

http://www.foxnews.com/politics/2013/06/20/nypd-unions-blast-bill-say-will-handcuff-cops-from-using-race-gender-to/

http://www.nydailynews.com/new-york/nypd-controversial-stop-frisk-policy-ruled-unconstitutional-article-1.1235578

Comments

  1. It’s difficult at best to respond objectively, when the premise of the proposed legislation is sooo stupid. Yet, it’s very real and will be approved, minus an uprising from ‘the masses’ of concerned and influential citizens controlling the ballot box. Political correctness has overstayed its welcome and should never should have reached the point of influencing a law enforcement officer’s ability to ‘serve and protect’. Recent history provides several examples of the damaging and often deadly results incurred to date. Council members need to venture outside their safe ivory towers for a taste of the real world and all its ugly splendor. I wonder if they’d feel the same after a few weeks of ‘ride-a-long’ with New York’s Finest, preferably during night shifts and weekends.

    Without doubt, the legislation would further muddy the waters and open up another Pandora’s Box of litigation. Neither of which is advantageous to ‘the good guys’. I would be very surprised if it didn’t hamper the efforts of law enforcement and adversely affect officer safety. No one wants to contend with a civil law suit, especially law enforcement officers with a marginal salary at best. Right or wrong, somebody always gets screwed. And we all know too well ‘which’ person that is.

    This may be just another political ploy, but sadly enough, it’s real and could have devastating consequences. Was nothing learned from the Boston bombings? Is political correctness more important than preventing another ‘9/11’?

    I have no frame of reference for this kind of blind ignorance. And allow myself to become consumed with anger, again and again.

  2. Oops… thank you Nick Dial for this informative article clarifying the wording of the proposal and providing accompanying links. I appreciate your research and thoroughness.

  3. Thank you Kathy, I appreciate that.

  4. Just to clarify the federal court judge did not rule the practice of SQF unconstitutional. She ruled that the practice to stop individuals exiting a specific housing development without reasonable suspicion was unconstitutional. Big difference. This legislation will change how police officers do their job. They will hesitate because they hear lawsuit, even though any civil action will have no serious impact on individual officers, just the NYPD as a whole.Here is an example: PO responds to a street robbery. Victim gives description, male black, red shirt, blue jeans, red hat. Officer canvasses sees a possible suspect matching descriotion. PO stops individual, victim briught to the scene, looks says not him. Now PO tells person stopped why he was stopped and fills out SQF report. Person stopped feels offended, files lawsuit. Reaches court, now NYPD will offer evidence (victims description & person stopped clothing description) if reasonable no civil case. If court deems unreasonable based on evidence then NYPD found to have violated profile law. If reasonable court dismisses action. This will result in PO’s going to civil court to testify, which takes manpower off the street.

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