Res. No. 497
Resolution calling on the NYPD Protest Response Oversight Committee to examine and prevent nuanced ways in which protestors may be silenced when monitoring NYPD’s compliance of new reforms established in a recent legal settlement.
By Council Members Avilés, Cabán and Hanif
Whereas, In September 2023, The New York Police Department (“NYPD”) agreed to a settlement to reform its handling of demonstrations after the New York Attorney General sued the NYPD over alleged abuses during protests following George Floyd's killing in 2020; and
Whereas, The settlement includes an overhaul of the NYPD's response to protests, shifting from a command-and-control approach to a graduated response, which includes a tiered system of de-escalation before deploying officers, banning the tactic of kettling where protesters are boxed in and arrested, restrictions on arrest discretion, press protections, and stricter penalties for officers abusing protestors; and
Whereas, The settlement establishes a monitoring committee composed of representatives from various organizations, including a new position called the First Amendment Activity (“FAA”) Senior Executive to oversee the department's response to all public demonstrations, to oversee the implementation and compliance of the new reforms by the NYPD in three phases over a multi-year period; and
Whereas, The City Council applauds the recent settlement aimed at reforming the NYPD's response to protests and protecting 1st Amendment rights and the right to protest free from threats of invasive surveillance, and physical and legal aggression from law enforcement; and
Whereas, The NYPD’s protest response oversight committee can play a crucial role in safeguarding protestors' rights and preventing abuses as they can be called upon to thoroughly examine and prevent nuanced ways in which protestors may be silenced, including but not limited to the use of violence and confiscation of protest tools; and
Whereas, The recent settlement represents a significant step towards improving the NYPD's response to protests and protecting the rights of protestors through collaborative efforts and oversight, ensuring a City where peaceful assembly is respected, dissent is heard, and justice is upheld for all; now, therefore, be it
Resolved, That the Council of the City of New York calls on the NYPD Protest Response Oversight Committee to examine and prevent nuanced ways in which protestors may be silenced when monitoring NYPD’s compliance of new reforms established in a recent legal settlement.
CMB
LS#16465.16476
4/08/24