New York’s highest court has upheld a New York City law that prohibits police from using chokeholds or compressing a person’s diaphragm during an arrest, dismissing a challenge from police unions. The law was enacted in response to the death of George Floyd and aims to prevent similar incidents from occurring in the future.
The New York Court of Appeals unanimously ruled that the language of the law is clear and does not conflict with an existing state law that already bans police from using chokes. This decision comes as governments across the country have implemented stricter regulations on the use of chokeholds and similar restraints by police following Floyd’s tragic death in 2020.
The city’s law includes provisions that not only ban chokeholds but also prohibit officers from compressing a person’s diaphragm, which can impede their ability to breathe. This restriction is significant as it addresses a potential loophole that could be exploited to continue using unauthorized techniques that restrict breathing.
The Police Benevolent Association of the City of New York, along with other law enforcement unions, had filed a lawsuit against the city, arguing that the language of the law is vague and leaves officers uncertain about what actions are allowed during an arrest. However, the court’s decision provides clarity to officers by establishing clear criteria that must be proven to determine if an officer’s actions impeded a person’s ability to breathe intentionally and without justification.
While the ruling is not what the police unions had hoped for, it does provide a victory in terms of ensuring greater certainty for officers when it comes to the statute. The New York Police Department already has a long-standing policy prohibiting the use of chokeholds, and the state also has a law named after Eric Garner, who tragically died in 2014 after being placed in a chokehold by a police officer.
This decision by New York’s highest court reinforces the importance of holding law enforcement accountable and ensuring that they adhere to appropriate use-of-force policies. The ruling serves as a reminder that the protection of individuals’ rights and safety should always be prioritized, even in the context of law enforcement activities.
Overall, this decision sets a precedent for other jurisdictions grappling with similar issues and underscores the ongoing efforts to address police misconduct and improve public trust in law enforcement agencies. The ban on chokeholds and the clear guidelines provided by the court’s decision will contribute to creating a safer and more equitable environment for both officers and the communities they serve.
