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The NYPD is now legally mandated to respond to protests differently
By
Bahar Ostadan
Published Mar 2, 2024
Modified Mar 3, 2024
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Shay Horse/NurPhoto/Shutterstock
By
Bahar Ostadan
Published Mar 2, 2024
Modified Mar 3, 2024
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A settlement requiring the NYPD to overhaul how it responds to protests went into effect this week, despite attempts to delay the agreement by the city and its largest police union.
The city requested a stay on the settlement, which was denied by a judge on Thursday. The settlement resolves a string of lawsuits stemming from the NYPD’s response to Black Lives Matter protests in 2020, and marks the latest development in long-running efforts to reform the nation’s largest police force as well as bring it under increased oversight.
As part of the settlement, the NYPD must change its training and policies around the use of force at demonstrations and how it treats members of the press. The settlement also bans a tactic known as kettling, in which officers encircle and trap protesters before making a mass arrest. Additionally, it imposes limits on the NYPD’s controversial Strategic Response Group. The NYPD created the heavily armored unit in 2015 to combat domestic terrorism and respond to protests, and regularly deploys it to surround an area before protests begin.
Police kettled protesters, struck them with batons and pepper sprayed them during the demonstrations in 2020. The events prompted a city investigation that found the NYPD's response provoked tensions rather than reducing them. And a report by Human Rights Watch called the NYPD’s response a "serious violation of international human rights law."
An oversight committee that includes the state attorney general’s office, the city’s Department of Investigation, representatives from the Legal Aid Society and New York Civil Liberties Union, and others will monitor the NYPD’s compliance with the reforms.
“They’re obligated to the settlement,” said Molly Biklen, associate legal director for the NYCLU. “We’re not expecting that everything is complete on day one.”
The settlement was first approved by a federal judge last September. The city’s largest police union, the Police Benevolent Association, then argued against the settlement — claiming it didn’t have an opportunity to argue its case. Judge Colleen McMahon revoked her approval, allowing the union to argue its case in January, but approved the settlement again last month.
In the agreement’s latest wrinkle, the city requested a stay on the settlement. The NYCLU issued a letter on Wednesday requesting that McMahon deny the city’s request, which she did on Thursday.
The PBA still has until March 8 to appeal the judge’s decision in a higher court. A spokesperson for the union told Gothamist that the PBA will file an appeal “in the very near future,” adding that the agreement remains in its initial planning phase in the meantime.
“The NYPD and the city should be taking a step back from violent policing in general,” said Jennvine Wong, a staff attorney with the Legal Aid Society, adding that the city spent $114 million on police misconduct lawsuits last year.
Correction: A previous version of this story misstated Jennvine Wong's place of work. She is a staff attorney for the Legal Aid Society.
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Bahar Ostadan
Bahar Ostadan covers the NYPD and public safety. Got a tip? Email [email protected] or message Bahar on Signal at 646-740-7335.
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