Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
NYC Held in Contempt for Enforcing Loitering Law
By
John Del Signore
Published Apr 27, 2010
Modified Apr 27, 2010
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
By
John Del Signore
Published Apr 27, 2010
Modified Apr 27, 2010
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
A state law against loitering has been ruled unconstitutional three times since it was passed in 1965, but the city continues to enforce it, often using it as an excuse to round up the homeless in bus terminals and men whom cops perceive as gay and "cruising" for sex. Yesterday a United States District Court judge held the city in contempt of court for failing to comply with orders to stop enforcing the loitering laws. In a 44-page ruling obtained by the Times, Judge Shira A. Scheindlin blasted the city:
Year after year, the court and plaintiffs pushed and prodded the city into meaningful action. The city’s obstinance and uncooperativeness throughout the present actions is offensive to the rule of law. The human toll, of course, has been borne by the tens of thousands of individuals who have, at once, had their constitutional rights violated and been swept into the penal system.
More disturbing still, it appears the laws — which target panhandling, remaining in a bus or train station, and ‘cruising’ for sex — have been enforced against the poor and gay men.
The ruling came in response to a class action lawsuit on behalf of three men who were issued loitering summonses. The contempt finding will cost the city $500 for every illegal summons, with the fine increasing $500 every three months after that, with a maximum fine of $5,000 per summons. In her stinging rebuke, Judge Scheindlin also saved some contempt for Albany, writing, "One cannot help but wonder whether the Legislature’s decades-long failure to rescind these unconstitutional laws is but another example of that body’s notorious dysfunction."
Responding to the ruling, a lawyer for the city said, "No system in a city as large as New York — where hundreds of thousands of summonses are issued each year by tens of thousands of officers — is going to function flawlessly, but the department will continue to make every effort to ensure that these statutes are not enforced." But attorney Katherine Rosenfeld, who represented the plaintiffs, breaks it down for the Times: "If 450 investment bankers had received tickets for unconstitutional laws in the last three years, I think the reaction to stop the problem would have been much swifter."
Tagged
contempt
homeless
loitering
nyc
panhandling
John Del Signore
Originally from the Albany area, John Del Signore has called NYC home since 1995. In addition to his thousands of meticulously-crafted bespoke blog posts for Gothamist, his writing has also been published in The Awl, Deadspin, The Nervous Breakdown, and performed at The Brick Theater in Brooklyn.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
Republican Jeff Van Drew concedes NJ congressional seat in surprise victory for Democrats
Smalltown Cape May Mayor Zack Mullock’s likely victory could mark a historic night for Democrats.
By
Mike Hayes
and
Karen Yi
Published Nov 3, 2026 at 11:24 p.m. ET
NYC voters appear poised to approve outdoor dining, bike lane ballot measures
All five proposed changes to the city charter are leading, including measures to streamline outdoor dining permits and speed up bike and bus lane projects.
By
Giulia Heyward
News
NYC voters appear poised to approve outdoor dining, bike lane ballot measures
All five proposed changes to the city charter are leading, including measures to streamline outdoor dining permits and speed up bike and bus lane projects.
By
Giulia Heyward
Rebecca Bennett flips NJ Republican House seat for Democrats
By
Mike Hayes
and
Karen Yi
Mamdani allies Valdez, Avila Chevalier win House seats for New York
By
Jon Campbell
Kathy Hochul re-elected New York governor, defeats Bruce Blakeman
By
Jon Campbell
,
Elizabeth Kim
and
Walter Wuthmann
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .