Tag Archives: Local Law 71

City drops suit over anti-profiling law


| ctumola@queenscourier.com

As part of a series of reforms to the NYPD’s stop-and-frisk policy, Mayor Bill de Blasio announced Wednesday the city is dropping a lawsuit that prohibits “bias-based” profiling by police officers.

The legislation, known as Local Law 71, was passed by the City Council in August after overturning a veto by then-Mayor Michael Bloomberg.

It bans using race as well 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.”

In September, the Bloomberg administration challenged Local Law 71 in court.

De Blasio, said, in a release, that in dismissing the suit it demonstrates his commitment to unite police with the community and respect resident’s constitutional rights.

“There is absolutely no contradiction in protecting the public safety of New Yorkers and respecting their civil liberties. In fact, those two priorities must go hand-in-hand,” he said. “No New Yorker should ever face discrimination based on the color of his or her skin. We are going to be explicit in setting fair and effective standards that prevent bias in any form.”

The law allows individuals to sue to stop bias-based profiling by law enforcement, but does not permit monetary damages.

“This law protects individuals in our communities against bias-based profiling, said Zach Carter, the city’s top legal counsel. “At the same time, police officers acting within the scope of their duties and in conformance with NYPD guidelines will be represented by the law department, in accordance with the law.”

 

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Patrolmen’s Benevolent Association sues over stop-and-frisk


| lguerre@queenscourier.com

The Patrolmen’s Benevolent Association (PBA) slapped the city with a lawsuit on Tuesday to challenge the profiling measure of the Community Safety Act.

The organization charges that the City Council overstepped its boundaries by passing Local Law 71, which allows individuals to more easily sue the city over discrimination, such as with some stop-and-frisk encounters. Racial profiling protection is preempted by New York State Criminal Procedure Law, the lawsuit said, and cannot be changed by local governing bodies.

“The language of so-called ‘biased policing law’ is unconstitutionally vague and will only serve to confuse police officers regarding its racial profiling provisions while hampering their ability to enforce the existing state laws that keep our city safe,” PBA president Patrick Lynch said.

The City Council passed the Community Safety Act on August 22, following a successful override vote of Mayor Michael Bloomberg’s veto. The legislation includes two laws aimed at shifting management and policies in the NYPD.

One of the laws will create an inspector general position to oversee the activities of the police department, while Local Law 71 will expand biased-based protection from ethnicity, religion and national origin to age, gender, sexual orientation and other categories.

The mayor’s office is also suing the city over the profiling legislation for attempting to alter State Criminal Procedure Law.

 

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