Rochester, NY — Enough Is Enough, a local anti-police brutality organization, invited Robert Freeman, the executive director of the New York State Committee On Open Government to come speak about New York Civil Rights Law 50-a and how it negatively impacts the public’s right to know about public officers who can stop us, question us, arrest us, use force on us, and possibly kill us: the police.
Ted Forsyth, a member of Enough Is Enough, made some introductory remarks regarding the building of its People’s Police Misconduct Database and how the Civilian Review Board has failed the people for 23 years before Barbara Lacker-Ware introduced Mr. Freeman.
The law, 50-A, which provides exemptions under the Freedom Of Information Law for New York State, has been expanded through the courts over the years to mean that almost any request for information about a police officer is rejected under 50-a as an unwarranted invasion of the officer’s privacy.
With regards to the database of police misconduct, 50-a prevents the public from obtaining reprimands, personnel records, or even legal suits brought against officers. In terms of the Civilian Review Board–who are also denied information under 50-a–the board members cannot make fair findings as they have no way of reviewing an officer’s record in order to see if there are any patterns or practices of abuse.
The database shows that 45 Rochester Police Department officers–known through the press or personal stories shared with EIE with consent to include them in the database–have committed violence against civilians engaging in brutality, gunfire, and murder. Of the 45 known officers, 9 of them were repeat offenders.
Mr. Freeman spoke about privacy, FOIL, and finally 50-a where a lively Q&A session took place allowing the 35 or so community members to ask questions. Instead of boring you with the play by play, please watch the video at the top of the article.
The event was held at Downtown Presbyterian Church on Wednesday, September 16, 2015. It was hosted by Enough Is Enough and sponsored by the Rochester Coalition for Police Reform, United Christian Leadership Ministry of Western NY, Metro Justice, the Flying Squirrel Community Space, Take Back the Land Rochester, Citizen Action of New York, the New York Civil Liberties Union – NYCLU, Facing Race, Embracing Equity, & the Downtown Presbyterian Church Justice Team.
DID YOU KNOW (in New York State)?
Police departments in New York State can withhold records from public view?
Even if police are wearing body cameras, that video footage is not accessible by the public?
Almost all other government agencies in New York must release records to the public?
New York has a law specifically written to prevent disclosure of police records?
New York is the ONLY state in the country that has such a law?
Enough Is Enough believes:
The police have more power (life and death) over people’s lives at any given moment than any other government entity, therefore their actions and decisions should be more subject to transparency than any other entity.
There are “problem officers,” who usually have histories of misconduct, like Daniel Pantaleo, who choked Eric Garner to death. If records of such previous misconduct had been available, then Garner’s death might have been prevented, or at least prosecuted.
50-a must be abolished!
#DoAwayWith50a
#Abolish50a
Enough Is Enough Strategy Sessions:
Please come out and help plot the road map that leads to the repeal of this overly protective law!
Tuesday, September 22, 7:00PM @ the Flying Squirrel Community Space (285 Clarissa St. in Rochester, NY)
&
Tuesday, September 29, 7:00PM @ the Flying Squirrel Community Space (285 Clarissa St. in Rochester, NY)
Related: State Law Raises Questions About Use of Police Body Camera Debate | NYC appealing order to release records for cop in Eric Garner case | Civilian Review Board built to fail Benny Warr and other complainants | Coalition praises council on body cameras; demands a voice in policy decisions | A brief history of the Police Advisory Board from 1963 – 1970 | City of Rochester Changes Name to Pierson | Justice stands ground in face of police aggression | Ivery & Warr in court: Demand city hand over excessive force documentation | Professional Standards Section: How they work (at least on paper)