NYC Law Department appeals ruling striking down ‘diaphragm law’ - New York Daily News
The city Law Department has appealed a judge’s ruling striking down a controversial law blocking NYPD cops from putting pressure on a suspect’s diaphragm — despite Mayor Adams calling the law “just not realistic” while on the campaign trail.
The diaphragm law, which was passed by the City Council in 2020 over opposition from the NYPD and police unions, was blocked last year by a judge who called it “unconstitutionally vague.”
As a candidate for mayor, Adams seemingly agreed with the judge, saying in June 2021 that the Council failed to “craft a smart bill.”
“When you’re saying you cannot touch someone’s chest … it’s just not realistic,” he said on MSNBC’s “Morning Joe.”
Yet the Law Department is fighting the judge’s decision. On Feb. 22, it filed an appeal with the mid-level Appellate Division 1st Department, arguing that the phrase, “compresses the diaphragm” is “concededly clear.”
“The phrase clarifies the scope of the prohibited conduct is sitting, kneeling or standing on the chest or back so as to obstruct air or blood flow is prohibited if the arrestee’s diaphragm is thereby compressed,” the city argues.
“Our brief argues that the lower court should not have struck down an entire local law because it incorrectly believed a single phrase in the law is unconstitutionally vague.” the spokesman said.
“This appeal is just another artifact of the de Blasio administration’s disastrous policing policies,” said Patrick Lynch, head of the Police Benevolent Association. “Adams should follow up with the Law Department to make sure the appeal is dropped forthwith.”
“How are the men and women of the NYPD supposed to protect the people of New York when city politicians keep removing any protective measures these officers employ to secure their personal safety?” Turco asked.
He called the law “vague and unclear.” But he added that officers know “positional asphyxia is a real danger when making arrests”
source: https://www.nydailynews.com/new-york/nyc-crime/ny-diaphragm-law-ruling-appealed-nypd-mayor-adams-20220303-ztff2hzkfnanfoek23lthtmhfa-story.html
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