New Yorks Highest Court Upholds Ban on Chokeholds by Police

New York's highest court upheld a New York City law that forbids police from using chokeholds or compressing a person's diaphragm during an arrest. The law was passed after the death of George Floyd, who died in 2020 after a Minneapolis police officer kneeled on his neck for several minutes.

Unanimous Decision

The New York Court of Appeals, in a unanimous decision, ruled that the law is clear in its language and that it does not conflict with an existing state law that bans police from using chokes. The city's law came as governments across the country prohibited or severely limited the use of chokeholds or similar restraints by police following Floyd's death.

Reaction from Police Unions

The Police Benevolent Association of the City of New York, along with other law enforcement unions, sued the city over its law and have argued that its language is vague as to what officers are allowed to do during an arrest. In a statement, John Nuthall, a spokesman for the Police Benevolent Association of the City of New York, said the ruling will provide clarity to officers.

Clarity for Officers

"While this is not the outcome we had hoped for, the Court's decision is a victory insofar that it will provide our officers with greater certainty when it comes to the statute, because under this Court's decision, it must be proven at a minimum that an officer's action in fact impedes the person's ability to breathe, was not accidental, and was not a justifiable use of physical force," Nuthall said.

Existing State Law

The New York Police Department has long barred its officers from using chokeholds to subdue people. New York state also has a law banning police chokeholds that was named after Eric Garner, who was killed when a New York Police Department officer placed him in a chokehold in 2014. The city's law, while banning chokes, also includes a provision that forbids officers from compressing a person's diaphragm. Such a compression, though kneeling, sitting or standing on a person's chest or back, can make it difficult to breathe.

The New York Court of Appeals' decision is a significant victory for those who have been advocating for an end to police brutality. The law banning chokeholds and compressing a person's diaphragm will help to protect New Yorkers from excessive force by police officers.