It was always a crime to assault a cop, much as it is to assault anyone else unless you’re a cop. But the “Fireman’s Rule” precluded a civil suit by a cop for injuries sustained in the line of duty. That was part of the job, a risk assumed when one put on the shield. The Nassau County, New York, legislature passed a law to change that by adding police as a protected class under its anti-discrimination law.
The legislation, which is up for a vote in the Republican-controlled county legislature on Monday, would add police officers and other “first responders” to the county’s Human Rights Law, which protects individuals from discrimination based on their race, religion, gender and sexual orientation. No other profession is included in the law.
The law, however, didn’t stop at authorizing cops to sue civilly for damages for physical injury, but took it to the place no cop should ever go.
§ 21-9.8.1 Unlawful discriminatory practices targeting first responders.
1. Unlawful Discriminatory Practices against First Responders Prohibited. It shall be an unlawful discriminatory practice for any person to harass, menace, assault or injure an individual due to such individual’s status as a first responder and such unlawful discriminatory practices are hereby prohibited.
While the First Amendment protects your right to call a cop a “pig,” much as his feelings might be stung by this characterization, the law effectively attempts to turn that into anti-cop “hate speech” should it “annoy” or “alarm” the cop. But then, just to be clear that no other intent be claimed in defense, the law goes to a place beyond any other discrimination law.
Where such first responder is in uniform, or is otherwise clearly identified as a first responder, there is an irrebuttable presumption that such harassment, menacing, assault or injury is motivated by such individual’s status as a first responder.
Even racial discrimination in employment based on Griggs disparate impact is a rebuttable presumption. Not here, not when it comes to cop. Annoy a cop in uniform and it is, per se, discrimination against the protected class of persons called police. It entitled a cop to sue for damages, including attorneys fees, and requires no criminal prosecution as a condition precedent.
A first responder claiming to be aggrieved by a discriminatory practice under subsection one of this section may commence a civil action in a court of competent jurisdiction for declaratory and injunctive relief and to recover compensatory damages, punitive damages and attorney’s fees and costs and for such other relief as the court may deem appropriate.
If that isn’t bad enough, should it happen in the course of a “riot,” damages are trebled.
Where violations of this section occur during the course of a riot in response to which the first responder is deployed, such monetary damages shall be trebled.
But should the poor, discriminated against cop not suffer significant damages by having mean names hurled in his general direction, he still gets the statutory penalty.
In addition to civil liability under subsection three of this section, any person found to have violated the provisions of this section shall be subject to a civil penalty of no more than twenty-five thousand dollars per violation that shall be recoverable for and payable to the aggrieved first responder. Where such violation is committed in the course of participating in a riot, the penalty shall be no more than fifty thousand dollars.
The bizarre irony here is that this law wasn’t proposed by some right wing crazy, but by a Democratic legislator and an independent who caucuses with the Dems.
The legislation, sponsored by Legis. Josh Lafazan, a Woodbury independent who caucuses with Democrats, and Legis. Delia DeRiggi-Whitton (D-Glen Cove), would allow the county attorney to sue on behalf of officers if they are harassed, menaced or injured due to their status as a “first responder.”
Josh Larazan, as it happens, is my legislator, and I like and support Josh.* This law, however, is both awful from a functional perspective and, in many respects, shockingly unconstitutional. The foundational notion that people who take issue with policing are “discriminating,” as opposed to exercising the right to challenge, in whatever terms and using whatever words, the power of government agents, is absurd. Being a cop isn’t an immutable characteristic, but a job. Police are not some historic oppressed or marginalized class, but the guys with guns who are occasion deservedly hated for their abusive and wrongful conduct.
The opposition to the law in Nassau County was led by Fred Brewington, who argued that this was in retaliation for last summer’s protests following the murder of George Floyd.
Civil rights attorney Frederick Brewington contends the bill will chill free speech and is “retaliation” for last summer’s Black Lives Matter protests following the death of George Floyd.
“If you want to shut someone down, take away their livelihood,” Brewington said at a news conference outside his Hempstead office Friday. “If you want to shut someone down take away their spirit. This is intended to evoke fear in the community … This is payback. It’s not right. It’s not acceptable and it is against the law.”
Unsurprisingly, this persuaded no one on the lege to vote against the bill, which wrapped itself in the usual empty rhetoric of “we love the Constitution, but…”
This Legislature respects and indeed reveres the right of all Americans to peacefully assemble to petition the government and to freely express their views and convictions whatever they may be. These are the core constitutional rights that the members of this body have sworn to preserve, protect and defend. It is the intent of this Legislature in adopting this legislation to
promote such rights by helping to ensure a secure and stable environment in which those rights may be peaceably exercised. Violence directed at the rule of law and those who uphold it is intended to suppress liberty and should be deterred by all prudent means consistent with the Constitution of the United States of America and the State of New York.
Nassau County, America’s first suburbia, has long had a strong undercurrent of law and order, a desire for peace, quiet and stability. After protests last summer, the cop desperately demanded a show of support from the County legislature, and were not shy about attacking legislators they felt were inadequately supportive. But this isn’t the way to do it, and this misbegotten law is a disaster in concept and practice, and reflects outrageous disregard for constitutional rights.
*I’ve publicly support Josh and said nice things to him and about him. When I learned of this law, I told Josh that it was bad law and urged him to withdraw it. To no avail.
No comments:
Post a Comment