Res. No. 1124
Resolution urging all New York State Legislators to oppose any legislation that would permit racial profiling for law enforcement purposes.
By Council Members Perkins, Barron, Boyland, Brewer, James, Liu, Seabrook, Sears and Reed
Whereas, The New York City Police Department (NYPD) has begun random bag and package searches on the City public transit system; and
Whereas, The NYPD instituted this policy in response to terrorist attacks on the public transportation system of London, England; and
Whereas, A member of the assembly of the state of New York has stated that he intends to introduce legislation that would allow the NYPD to engage in racial profiling that targets Middle Easterners; and
Whereas, A member of the New York City Council has stated that he intends to introduce a resolution in support of such legislation; and
Whereas, Racial profiling by law enforcement officers is the practice of using race, ethnicity, national origin, or religion as the primary factor in deciding who to subject to law enforcement investigations; and
Whereas, Racial profiling by law enforcement officers is a dangerous and unconstitutional practice that has no place in a civilized society, either in times of peace or in times of war; and
Whereas, The racial profiling that led to the internment of Japanese-Americans during World War II was a travesty that has since been thoroughly discredited; and
Whereas, Racial profiling by law enforcement is based on erroneous, subjective assumptions; and
Whereas, Racial profiling has proved to be an ineffective method of law enforcement; and
Whereas, Racial profiling by law enforcement officers has a long history as a tool for the abuse and disenfranchisement of racial and ethnic minorities; and
Whereas, Racial profiling undermines important gains that have been made in the areas of civil and human rights; and
Whereas, Racial profiling of Middle Easterners, or people who purportedly look like Middle Easterners, ignores the fact that terrorists come in all colors and ethnicities, such as the white terrorists who blew up the Alfred P. Murrah Federal Building in Oklahoma City, Ted Kaczinski, the white terrorist who was also known as the Unabomber, and John Walker Lindh, the white terrorist who pled guilty to fighting alongside the Taliban; and
Whereas, Racial profiling by law enforcement violates the 14th Amendment of the United States Constitution of the United States as well as its prohibition against unreasonable searches; and
Whereas, Racial profiling by law enforcement is also prohibited by section 14-151 of the administrative code of the City of New York; now, therefore be it
Resolved that the Council of the City of New York urges all members of the New York State Legislature to oppose legislation that would permit racial profiling for law enforcement purposes.
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