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Case that would change how NYPD responds to protests is reopened after police union objects
By
Jessy Edwards
Published Sep 11, 2023
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CS Muncy / Gothamist
By
Jessy Edwards
Published Sep 11, 2023
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A federal judge has reopened negotiations in a case that will decide how the NYPD responds to protests after the police officers’ union argued that a recent settlement may endanger officers.
The settlement, reached Tuesday, sought to resolve lawsuits brought by Attorney General Letitia James, the Legal Aid Society, the New York Civil Liberties Union and individuals who claimed that police violated their rights during citywide Black Lives Matter protests in 2020.
The deal included an agreement by the NYPD to create a new oversight committee that will assess how officers act at protests and a new approach to policing demonstrations that prioritizes protesters’ First Amendment rights.
However, the Police Benevolent Association opposed the settlement Thursday, citing safety concerns for police officers and others.
Judge agrees to hear union’s arguments
On Friday, U.S. District Judge Colleen McMahon agreed to hear the PBA’s arguments, filing an order vacating her approval of the settlement and giving the union until Sept. 29 to file its motion in opposition to the deal.
The PBA told Gothamist it had specific objections to some of the new protocols the NYPD had agreed to.
Under a new “tiered approach,” the NYPD would standardize how officers are deployed to demonstrations, and require them to use de-escalation tactics before deciding whether to send more officers to the scene, the settlement states.
However, this staggered approach “doesn’t reflect the realities of how demonstrations operate” and could slow officer response times, causing a dangerous situation, the PBA said.
Under the settlement, the NYPD would also try to accommodate demonstrations that temporarily block traffic, streets or sidewalks, unless critical infrastructure was at risk. Police would also need approval from high-ranking supervisors before they could arrest anyone for offenses including riot and incitement to riot.
However, the PBA spokesperson said requiring high-ranking supervisors to approve arrests during a protest could endanger officers and the public. He added: “Allowing protestors to block traffic or obstruct public streets or sidewalks creates risks to police officers’ safety and public safety.”
Opposition delays settlement, but does not derail it, attorneys for plaintiffs say
Despite the PBA’s concerns, Legal Aid Society attorney-in-charge of the Criminal Defense Practice’s Special Litigation Unit Corey Stoughton told Gothamist she was confident the settlement will still be approved, although she said it will be delayed at least 60 days.
“I do not think, at the end of the day, that the PBA's objection can derail this really important settlement,” she said, adding that the PBA had been at the negotiating table throughout the term of the lawsuit.
“The settlement is the product of years of negotiation between the plaintiffs and the NYPD, and the NYPD brought concerns about officer safety to the table every day, and we're really confident that the settlement does protect both officers and people who are exercising their constitutional rights to do so.”
The mayor’s office directed Gothamist to a statement praising the settlement. The attorney general’s office declined to comment.
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Jessy Edwards
Jessy Edwards covers incarceration and public safety. Before working at Gothamist/WNYC, she covered daily and breaking news at NBC New York and Brooklyn news at BK Reader. Got a tip? Email [email protected].
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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