New York’s highest court upholds police chokehold ban

(The Center Square) — New York’s highest court has upheld a city law banning the use of chokeholds and other forms of restraint by law enforcement officers.

The ruling stems from a lawsuit filed by the Police Benevolent Association of the City of New York and other police unions alleging that the rules on police restraint are too vague and compromised the safety of officers attempting to subdue dangerous suspects.

But the Court of Appeals said the New York City Council was acting within its lawmaking authority by enacting the ban.

“The language of the section also provides fair notice of the conduct prohibited and is sufficiently definite to avoid arbitrary or discriminatory enforcement and is therefore not void for vagueness,” the three-judge panel wrote in the 15-page ruling.

The law, which the New York City Council approved in the wake of the killing of George Floyd by Minneapolis police, forbids police from using chokeholds or sitting, kneeling or standing on a person’s torso, among other restrictions.

- Advertisement -

But the police unions sued the city, arguing that the rules are too vague regarding what officers can do during an arrest.

The appeals court ruling acknowledged that police officers “are called upon to respond to dangerous and volatile situations requiring real-time assessment of the level of force necessary to safeguard the public and ensure officer safety.”

But, the judges noted that the bar is high for law enforcement officers to be held criminally liable under the law. They said officers had to apply the banned force “voluntarily” and “not accidentally” to be charged with violating the law, and their actions “must fall outside the parameters of justifiable use of physical force.”

The Democratic-led City Council released a statement praising the ruling, saying it will “protect New Yorkers from being needlessly harmed by improper police restraints.”

“Now that litigation has concluded, we look forward to the continued enforcement of this law to keep New Yorkers safe,” the statement said.

To be sure, the New York Police Department has long prohibited officers from using chokeholds to subdue suspects. New York state also has a law banning police chokeholds, which was named after Eric Garner, who died in 2014 after an NYPD officer used a chokehold to subdue him.

- Advertisement -

John Nuthall, a spokesman for the Police Benevolent Association of the City of New York, said while the outcome is disappointing, the ruling is still a “victory” by providing officers with more clarity about the restrictions on using force.

“Because under this court’s decision, it must be proven at a minimum that an officer’s action in fact ‘impedes the person’s ability to breathe,’ was ‘not accidental,’ and was not a ‘justifiable use of physical force,'” he said in a statement.

Hot this week

African and Caribbean Nations Call for Reparations for Slave Trade, Propose Global Fund

Nations across Africa and the Caribbean, deeply impacted by...

Sports betting expert offers advice on paying taxes for gambling winnings

(The Center Square) – Tax season is underway, and...

Health care company agrees to pay $22.5 million to settle claims of over billing

A health care company agreed to pay nearly $22.5...

Entertainment district benefits don’t outweigh the cost, economists say

(The Center Square) — Weeks later, after more details...

Business association ‘disappointed’ by WA L&I’s proposed workers comp rate hike

(The Center Square) – The Association of Washington Business...

Fish passage project in Olympic Peninsula not impacted by federal funding freeze

(The Center Square) – So far, federal funding remains...

Poll: Consumer sentiment highest since 2019 Trump administration

(The Center Square) – Inflation, 2.9% in the final...

Illinois quick hits: Illinois joins lawsuit agsinst Trump’s spending cuts

Illinois is among 22 states suing the Trump administration...

Nuclear recycling aims to reduce waste, provide ‘generational jobs’

(The Center Square) − A growing number of energy...

Trump signs order forcing agencies to work with DOGE

Billionaire Elon Musk joined President Donald Trump in the...

WA senator insists controversial remarks on parents’ rights taken out of context

(The Center Square) – Washington State Senate Majority Leader...

Lee’s $59.5B budget inlcudes $3.9B in new spending

(The Center Square) – Tennessee Gov. Bill Lee is...

More like this
Related

Fish passage project in Olympic Peninsula not impacted by federal funding freeze

(The Center Square) – So far, federal funding remains...

Poll: Consumer sentiment highest since 2019 Trump administration

(The Center Square) – Inflation, 2.9% in the final...

Illinois quick hits: Illinois joins lawsuit agsinst Trump’s spending cuts

Illinois is among 22 states suing the Trump administration...