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“If groups of New Yorkers have been unfairly targeted because of the color of their skin, my office will not hesitate to take legal action,” State Attorney General James said this week.
By Forum Staff
Has the City Police Department been targeting communities of color as it patrols Gotham subways?
That’s the question State Attorney General Tish James will look to answer as her office this week launches an investigation into the NYPD’s enforcement of the “theft of services” law and the Metropolitan Transportation Authority’s “fare evasion” regulations.
James noted Monday that she already has sent a letter to Police Commissioner Dermot Shea requesting fare-evasion data and other information that may shine a light on whether officers have exhibited racial biases or engaged in discriminatory practices in their enforcement of these laws and regulations at subway stations throughout the city.
In her missive to Shea, James asks for information detailing, but not limited to:
The number of officers assigned to every subway station throughout the city each day,
Any arrangements made between the NYPD and the MTA regarding enforcement of fare evasion laws,
Information pertaining to policies and training of NYPD officers on the enforcement of fare evasion laws, and
Additional data on notices, summonses, and arrests pertaining to fare evasion, broken down by race and age.
Current and former NYPD officers have recently alleged in sworn statements that—through at least 2015—the NYPD had an unofficial policy of targeting black and Hispanic people for fare evasion and other low-level violations in the city’s subway system, James said. But newly-published data indicates that this alleged policy may still continue today. According to the AG’s Office, between October 2017 and June 2019, black and Hispanic New Yorkers received almost 70 percent of all civil summonses for fare evasion, even though they only account for slightly more than half of the city’s population. During that same period, they made up nearly 90 percent of arrests for fare evasion.
“We’ve all read the stories and seen the disturbing videos of men, women, and children being harassed, dragged away, and arrested by officers in our city’s subway system, which is why we are launching an investigation into this deeply troublesome conduct,” James said. “If groups of New Yorkers have been unfairly targeted because of the color of their skin, my office will not hesitate to take legal action. While we are hopeful that the NYPD will cooperate thoroughly with this investigation, we will not hesitate to use every investigative tool at our disposal to protect subway riders and the people of this city.”
Public Advocate Jumaane Williams, a long-time vocal critic of the NYPD, thanked the AG’s Office “for investigating the extent to which the systemic injustices in law enforcement actions and the criminal justice system—the criminalization of people and communities of more color—may be present in our mass transit system. We can have better policing and safer streets and subways at the same time, and it’s critical that issues of enforcement bias are found, highlighted, and corrected—especially as the governor moves forward with his plan for unaccountable officers on our trains.”
