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Cuomo Vows To Ban Repeat Sex Offenders From The Subway. But How?
By
Jake Offenhartz
Published Jan 8, 2020
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GOVERNOR'S FLICKR
By
Jake Offenhartz
Published Jan 8, 2020
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Governor Andrew Cuomo is resurrecting an idea to ban certain sex offenders from the New York City transit system, despite the strenuous objections of advocates and public defenders.
The proposal, laid out in his latest State of the State initiative on Tuesday, would bar repeat and high-risk sex offenders from using the MTA's subway, bus or rail systems for three years.
A similar proposal was floated by the governor last year, and garnered support from the NYPD and some MTA board members. This iteration of the plan would also include a new law allowing judges to ban those convicted of “transit-related sex crimes” as a condition of pre-trial release.
"Enough is enough," Cuomo said in a statement. "If we want our public transit system to improve, we need balance between someone's right to access public transit and the riders' right to safety."
The governor did not say how the ban would be enforced, and inquiries to his office were not immediately returned.
Legal advocates, as well as some district attorneys, argue that the sweeping ban could lead to surveillance overreach and racial profiling—if it can be enforced at all.
"No one supports unwanted sexual touching on the subway, but this wrongheaded proposal from Governor Cuomo will do far more harm than good," the Legal Aid Society said in a statement. "It will further marginalize this group of New Yorkers—many of whom are New Yorkers of color—who are profiled by police when they use mass transit."
The group added that the proposal was potentially unconstitutional, and would merit a court challenge. "Albany should spend less time finding new ways to demonize our already over-policed clients and more time creating opportunities for treatment and necessary services."
The Riders Alliance also panned the proposal, noting that, "Public transit is public space. People shouldn't be banned from public space."
Overall crime in the subway is down 3.4 percent this year, according to the NYPD. Reports of subway sex crimes increased last year, including a 10.6 percent uptick in groping cases, though law enforcement officials attribute some of that growth to riders becoming more likely to report such crimes in recent years.
Last month, the MTA board members approved Cuomo's plan to add 500 new state police officers for the subway. Those officers are currently in the process of being hired.
Additional information on categories of transit sex crimes broken down by year was not immediately available; we've reached out to the NYPD and will update if we hear back.
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Jake Offenhartz
Jake Offenhartz is a former Gothamist reporter.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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