NYC Council Passes Bias-Based Profiling Bill
 

A Message from CEA President Roy Richter

This morning (June 27), at 2:35 a.m., the New York City Council passed Intro. No. 1080 by a vote of 34 to 17. This legislation creates a revised definition of “bias-based profiling” and grants a private right of action to any person stopped by police on the basis of description. I had the opportunity to debate the Bill’s lead sponsor, Councilman Jumaane Williams, on NY1’s Inside City Hall this past Tuesday night.

Video is also available onthe NYPDCEA You Tube Channel at: www.youtube.com/watch?v=C5HxYvTFgRU

Below is a copy of the CEA Press Release on this legislation. The Mayor is expected to veto this Bill and the NYC Council will attempt to override the veto at their next meeting tentatively scheduled for July 25, 2013.  A total of 34 votes are required to override a mayoral veto.

Fraternally,
Roy 


FOR IMMEDIATE RELEASE

NYPD CAPTAINS ENDOWMENT ASSOCIATION
URGES MAYORAL VETO OF NEW YORK CITY COUNCIL
INTRO. NO. 1080 – a/k/a “POLICE BLINDFOLD BILL”

The New York City Council Passed a Bill that Imposes Civil Liability on Police Officers
Who Relay Descriptions of Suspects that Includes Age, Gender, Color or Disability

Roy Richter, President of the NYPD Captains Endowment Association said, “Today the New York City Council passed a law that defies common sense and places all of New York City in danger. No matter how well intentioned the members of the City Council may be, their action today in passing Intro. No. 1080 is quite simply wrong.”

Passage of Intro. No. 1080 – the Bias-Based Profiling Bill, otherwise known as the “Police Blindfold Bill,” outlaws and creates a new definition of “Bias-Based Profiling” and imposes civil liability upon police officers who stop criminal suspects if they use common descriptive terms such as age, color, gender, disability, or other descriptive terms.

The “Police Blindfold Bill” also attaches a presumption that an officer who stops a suspect, relying on a broadcast description, engaged in bias-based profiling. This presumption of bias-based profiling must be disproved by the officer in a civil lawsuit. Richter explained, “In other words a police officer is guilty until proven innocent! This legislation brands any officer who stops a criminal suspect on the basis of common descriptive terms as biased unless the officer proves otherwise – that is not just unfair, it is plain wrong.”

“The New York City Police Department responds to over 4.5 million radio runs a year. The average uniformed officer on patrol has cause to stop about 2 persons every month in the performance of their duty. This “Police Blindfold Bill” gives an automatic Private Right of Action to each person stopped who fits the basic description of a perpetrator of a crime to sue the individual officer in civil court on the assumption the officer engaged in bias-based profiling. The law further makes the police officer liable for attorney and expert witness fees. Our previous advertisement placed in local newspapers of a police officer standing in Times Square and wearing a blindfold placed a practical image to the impact this legislation will have on policing in New York City.”

The CEA urges the Mayor to VETO this legislation and calls upon the public to contact their local New York City Councilperson to express their outrage at the public safety danger this legislative action has placed the public and police officers in. The members of the City Council need to be told to keep politics out of policing!

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If you would like more information about this release please call Roy Richter at (212) 791-8292 or e-mail Roy at rtrichter@nypdcea.com

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