The New York Court of Appeals upheld a law on Monday that bans chokehold restraints, thereby rejecting the challenge launched by a police union that labeled the law unconstitutional. The ban, Section 10-181 of the New York City Administrative Code, formulated and passed by the New York City Council in 2020, was in response to the unfortunate deaths of George Floyd and Eric Garner whilst in police custody.
The Police Benevolent Association of the City of New York, with 16 other law enforcement unions, challenged the law on grounds of constitutional due process, claiming the legislation to be vague and contending that it was preempted by similar state law. Although their challenge found initial success at the trial level with the law deemed too vague, it was overturned by an appeals court. This latest ruling from the Court of Appeals affirms the reversal of the appeals court and leaves the ban on chokeholds in place in New York City.
Section 10-181 articulates that it would be a misdemeanor offense for a person to:
“Restrain an individual in a manner that restricts the flow of air or blood by compressing the windpipe or the carotid arteries on each side of the neck, or the sitting, kneeling, or standing on the chest or back in a manner that compresses the diaphragm, in the course of effecting or attempting to effect an arrest.”
In the legal case, the police unions argued that the defined verbiage was too unclear hence making it impractical for officers to implement. The New York City countered their claim by offering evidence that officers had been clearly instructed not to exert pressure on an arrestee’s torso.
The court dismissed the preemption claim and held that the language was “sufficiently definite” and that an “ordinary person” could easily comprehend that the ban clearly forbids any actions that would obstruct a person’s ability to breath. As a result, the court concluded that the ban offered officials “clear guidelines for enforcement” and was thus constitutional. Rendy Desamours, the spokesperson for the New York City Council, expressed satisfaction with this judgment and expressed optimism that it would continue to assure public safety.
To read more about the case, visit the full story HERE.