New York Attorney General Letitia James on February 7, 2024, announced that the U.S. District Court for the Southern District of New York authorized the agreement between her office, The Legal Aid Society, NYCLU, and the New York City Police Department (NYPD) to reform NYPD’s policing of protests to move forward immediately. The agreement requires the implementation of reforms, including the use of a four-tiered response system when responding to protests. The agreement also requires the NYPD to create a senior role within the department to oversee the response to all public demonstrations, amend its internal discipline matrix, and improve its treatment of members of the press.
“Peaceful protests are a bedrock of our democracy and for generations have been a catalyst for change and progress,” said Attorney General James. “These policing reforms will better protect New Yorkers’ public safety and their constitutional right to peacefully protest. I am pleased with today’s decision to allow the terms of our agreement to move forward in full. With these policing reforms, New Yorkers can exercise their First Amendment right to peacefully protest without fear, intimidation, or harm.”
In September 2023, Attorney General James, The Legal Aid Society, and NYCLU announced the historic agreement with NYPD to significantly change how the department police protests. The centerpiece of the reforms is a four-tiered response system that will dictate how NYPD responds to protests, with the primary goal of protecting the rights of protesters. The tiered system will require the NYPD to use de-escalation methods before increasing its response. The system allows for increased NYPD presence and response if protests block major traffic arteries, if protesters engage in unlawful conduct, or in other instances that could compromise public safety.
Additionally, the agreement requires the NYPD to create a new, senior role within the department to oversee response to all public demonstrations. The agreement will also require NYPD to stop its use of the crowd-control tactic known as “kettling,” amend its internal discipline matrix, and improve its treatment of members of the press.
