RETREATING FROM POLICE REFORM IN NYC: NYC City Council pressured to weaken new anti-chokehold law

Words by Charles Brooks 

Photo credit: NYC Mayor's Office

Just three months ago, New York City finally  passed a law criminalizing the chokehold practice  ensuring a level of police accountability unseen before the recent wave of public uprising. New York City Council Member Rory Lancman, introduced the measure after Eric Garner’s chokehold death in 2014. The fact that it took six years to pass the anti-chokehold law should give you some indication of the level of opposition to the new law waged by the mayor, New York Police Department (NYPD) and their union, the Patrolmen’s Benevolent Union (PBA). Right now, legislative efforts are underway to weaken, undermine and outright repeal the new law. 

For one, there’s a lawsuit filed by 18 police unions arguing the new law is “invalid and unenforceable” and violates the New York’s State Constitution. Just to give you an idea of the scope of police opposition – the lawsuit includes unions representing officers from NYPD, Port Authority, Tunnels and Bridges, along with the officers from the court system. In addition to the lawsuit, New York City Council Public Safety Committee chairman, Donavan Richards has already introduced amendments to revise key language in the law while there’s another proposal to outright repeal the newly signed law. 

These latest attempts to revoke this measure of police accountability have been framed around a work slowdown by NYPD officers who contend the new law compromises their safety. Unable to withstand the pressure from the New York Police Department, City Council Public Safety Committee chairman Donavan Richards relented by introducing an amendment: 

The bill would amend Local Law 66 of 2020 to provide that restraining an individual in a manner that restricts the flow of air or blood by sitting, kneeling, or standing on the chest or back in a manner that compresses the diaphragm is a misdemeanor under such law if the restraint is performed recklessly and causes injury due to asphyxiation . 

With this new language, the new law becomes remarkedly weaker where proving “recklessly” becomes immensely more subjective to prove as the officers’ intent comes into play. Bear in mind “recklessly” is the same language that created the loophole allowing the Department of Justice to not file federal civil rights charges against former NYPD Officer Daniel Pantaleo for using the chokehold resulting in Garner’s death. Although, New York City Mayor Bill de Blasio signed the bill into law in July, he not only supports the proposed changes but along with the NYPD has always maintained a position that the chokehold ban was sufficient. 

However, chokehold complaint data shows quite a different story. The Civilian Complaint Review Board (CCRB) investigates public complaints on police misconduct in New York City. According to the CCRB, there were over 3,000 complaints over a 20-year period from 2001 to 2000 – nearly 1,000 since Garner’s death in 2014. And yet despite the data to substantiate the chokehold ban’s ineffectiveness, opposition by the mayor and the New York Police Department not only persisted but hardened. We witnessed their opposition when, not even in the wake of Garner’s chokehold death, could a law be passed to criminalize the chokehold practice. 

Photo credit: December 12th Movement

For years, community relations with NYPD has been characterized by protest demonstrations and public demands for police accountability. Accordingly, attempts to undermine the new anti-chokehold law has been met with a number of protest demonstrations led by the December 12th Movement. They’ve initiated a public campaign to not only mobilize black communities in and around New York City but to inform them as well. So far, several street demonstrations targeted the offices of the Council Public Safety Committee members; I. Daneek Miller, and Adrienne Adams, who also happen to serve as co-chairs of the Black, Latino and Asian Caucus along with the committee Chairman Donavan Richards. In addition, they held a nearly two-hour ZOOM webinar where invited panelists discussed the chokehold issue from a number of different perspectives. 

Viola Plummer, the December 12th chair moderated this important virtual discussion with panelists: NYC Council Member Inez Barron, Attorney King Downing, former NYC Health Commissioner Dr. Mary Bassett, Dr. Susan Williams of the Freedom Socialist Party, Father Frank Morales of the All Souls Episcopal Church, New York State Senator Elect Jabari Brisport, Hawk Newsome of Black Lives Matter of Greater NY, and New York State Assemblyman Charles Barron. They spoke of the historical context and background, the amendment – the proposed change in language and its significance, the immense political pressure to change the law, the scale of police intimidation and subsequent trauma experienced by those living in the community. 

By now, we’ve seen one chokehold incident after another and not just in New York City. We’ve seen the data on chokehold complaints revealing the inadequacy and failure of the 1993 chokehold ban. We’ve seen the evidence of trauma again and again in communities and neighborhoods when black folk fall victim to the chokehold or any other form of police brutality. We’ve also seen police officers acquitted. We should also see that opposition and resistance to the anti-chokehold law is essentially an endorsement for maintaining a police culture rooted in their impunity to wage a campaign of unabated intimidation.

Additional Reading and resources:

Fight the Power: African Americans and the Long History of Police Brutality in New York City, By Clarence Taylor (2018)

Bill De Blasio failure on police reform in New York City, The Intercept

How Decades Of Bans On Police Chokeholds Have Fallen Short, NPR

See the ZOOM webinar on the anti-chokehold law here.

See the contact list for all New York City Council members here.

Please support and visit The Brooks Blackboard's website, our INTEL page, OPEN MIND page, and LIKE and FOLLOW our Facebook page.

A Special Black August Virtual Appreciation!

 THE MALCOLM X COMMEMORATION COMMITTEE

P.O. BOX 380-122, BROOKLYN, NY 11238

www.MXCC519.org

Facebook: Malcolm X Commemoration Committee

973-202-0745; 917-346-8142

August 24, 2020

FOR IMMEDIATE RELEASE

MXCC Presents ‘Hold The Flag High!

A Special Black August Virtual Appreciation!

Spotlight’s Panther Political Prisoner Russell ‘Maroon’ Shoatz!

This gathering will honor the Centennial Anniversary of the Adoption of the Black Liberation Flag by Marcus Garvey’s Universal Negro Improvement Association (UNIA). It will honor the UNIA’s Centennial of their First International Convention of the Negro Peoples’ of the World, and it will honor the 50th  Anniversary of Jonathan Jackson’s bold ‘Extraction Mission’ in Marin County Courthouse where he sought to free several Soledad defendants by force of arms!

Biden picks Kamala Harris - can she be the difference the Democrats need to win in November?

words by Charles Brooks

After nearly 5 months of waiting, the suspense is finally over. On August 11th, Democratic Party nominee Joe Biden made history naming Kamala Harris, former 2020 presidential candidate and current US Senator (D-CA), as his Vice-President. 

The announcement unleashed a level of excitement and enthusiasm unseen since Barack Obama seized the White House back in 2008.  But in less than a week, Ms. Harris already came under attack as Trump’s team resurrected the racist conspiracy “birther” question around her eligibility for the VP post while social and mainstream media interrogates her racial identity and political ambition while publishing racist cartoon images and memes. 

National Reparations Day

By Roger Wareham, Esq.

“Reparations is the order of the day.”  Dr. Gerald Horne, historian and political scientist.

The December 12tth Movement (D12) has declared August 15th, 2020, National Reparations Day. On that day organizations and people around the country will conduct activities related to reparations. In New York City, D12 will hold a Black Power Reparations Rally at 2 p.m. in front of Trump International Hotel at (Christopher) Columbus Circle.  Demonstrators will confront our continuum of racist oppression and genocide from the initiator of the African MAAFA to its most prominent current representative.

Who will Biden pick?

words by Charles Brooks

Update: On August 11th, Joe Biden picked Kamala Harris as his Vice-President.  Read the update on the Brooks Blackboard post here. 

Ever since Joe Biden, the presumptive Democratic party nominee said he would nominate a woman as his vice-president, there’s been much anticipation around who he would pick as his running mate. In fact, not long after Biden made his announcement during the March 15th primary debate did he start to feel the pressure to pick a black woman as his vice-president that only intensified in the wake of the nationwide racial “reckoning” due to the police killing of George Floyd.     

Interestingly enough, polling results supports this - in a Yahoo!News/You Gov poll  62% responded it was the right decision for Biden to pledge VP woman pick – Blacks (83%), white (59%), and Latino (64%); 36% overall and 61% Blacks said it’s important to pick a woman of color. In another poll, the USA Today\Suffolk poll, 35% Democrats said it was "very important" to them that his running mate be a woman of color; and 37% said it was "somewhat important." Incredibly though, the polling shows 75% of whites said it was very or somewhat important to them compared to 60% for Blacks.   Rep. Clyburn (D-SC) affirms the importance when he told NBC News, "I really believe that we've reached a point in this country where African American women need to be rewarded for the loyalty that they've given to this party." 

Will Biden take Black voters for granted?

words by Charles Brooks

Racial controversies are typical to presidential election campaigns -  and the 2020 campaign has proved to be no different. Just days ago presumed Democratic Party nominee Joe Biden created his own racial controversy when he made a remark about the black vote during an interview during an livestreaming broadcast of the popular radio show, The Breakfast Club.

TEACHER ACTIVISM TAKES ON RACIAL AND SOCIAL JUSTICE

words by Charles Brooks

TEACHER ACTIVISM TAKES ON RACIAL AND SOCIAL JUSTICE

Photo credit: Charles Edward Miller

You may have noticed in recent months that teachers across the nation have been engaged in the sort of activism that fiercely challenges the status quo with their renewed vision for public education.  The sleeping giant has been awakened in 2018 with 8 what’s officially called “work stoppages” in educational services affecting 379,000 workers.  Teachers drew a line in the sand as a wave of teacher strikes hit Arizona, West Virginia, Oklahoma, Arizona, Kentucky, and Colorado.   The trend continued into 2019 with teachers engaging in various forms of protest activities with walkouts, rallies, and yes, strikes in school districts in Los Angeles, Oakland, Denver, and Virginia.  In fact, Mississippi took action to pre-empt a possible teacher strike with pay-raises for teachers and assistant teachers.   

AND STILL NO BLACK GOVERNORS...

words by Charles Brooks

AND STILL NO BLACK GOVERNORS

Photo credit: Onasill ~ Bill - 72m

 When the smoke cleared after the 2018 elections   finally ended – there are still zero black governors. The last African American elected to the governors’ mansion was Deval Patrick in Massachusetts, and that was ten years ago.  The challenge for black candidates for state wide offices like governor is building a campaign that also appeals beyond their local base to white moderate Democrats throughout the state. Nevertheless, the 2018 elections witnessed history in a sense in that not one but three blacks – including one woman - ran as the Democratic Party’s nominee for the Governor’s seat.  Although all three lost their elections, there’s some comfort to be taken from the elections results and exit poll data. 

ABRAMS NOT GOING AWAY QUIETLY

words by Charles Brooks

Photo Credit: Marco Verch

Although the much talked about blue wave managed to sweep in a number of black elected officials during the 2018 election cycle – the nation still has no black governors.

This year’s election cycle saw an unprecedented 3 blacks running for governor; Ben Jealous (Maryland), Stacey Abrams (Georgia) and Andrew Gillum (Florida) each won their respective primaries but lost in the general election.  The race in Maryland was settled on election night with Jealous pulling in 43.5% of the vote with over one million votes, but lost by over 270, 000 votes. The races in Florida and Georgia, however were too close to call on election night forcing Gillum to withdraw his concession while Abrams pointed to the thousands of uncounted votes left on the table and just flatly refused to concede her race.

Book Review: A Conversation about Black Detroit in Black New York

Black Detroit: A People’s History of Self-Determination

Herb Boyd

Amistad/HarperCollins: 432 pages

A Conversation about Black Detroit in Black New York                            

By Charles Brooks

Herb Boyd recently appeared at the revered City College of New York (CCNY) in Harlem, NY to talk about his latest book, Black Detroit: A People’s History of Self-Determination.  Published in 2017, Mr. Boyd has entered yet another book into the annals of black history with Black Detroit that covers slightly over 300 years - spread over 340 pages and 29 chapters.  A prolific author and journalist, Mr. Boyd has an incredible body of work that includes 25 books in addition to countless news articles published over the years with many news outlets. 

Mr. Boyd was joined by CCNY Professor L’Heureux Lewis-McCoy in a format that deviated from the typical stand and deliver to one that was more conversational and informal. For a little over an hour, their conversation covered a wide range of topics that included the book’s sub-title along with Detroit’s history, black press, music, economy, and radical black politics.

Listening to Mr. Boyd and Professor Lewis-McCoy engage in conversation with each other, you got the sense that Black Detroit was more than just capturing critical moments in time. Clearly, Black Detroit was about the people behind those moments but more importantly, their stories of self-determination.  Mr. Boyd makes note of this during the book’s introduction where he wrote: “Black Detroiters survived enslavement, white mobs, housing and job discrimination, and municipal indifference, and with each endeavor they chipped away at that age-old misery index.”  

Mr. Boyd first spoke about the conversations he had with his mother, Katherine – “a veritable walking historian with an encyclopedia of knowledge about Detroit.”  Utilizing his mother as a tremendous source of information, Mr. Boyd talked about the time they spent reminiscing about important dates, events, places and of course – the people who made Black Detroit what it was and is.  “I found myself going back to the old neighborhood – that’s pretty much what I knew I had to do to write about Black Detroit. To go back to these black neighborhoods and talk to some those individuals,” explained Mr. Boyd. But he also mentioned a connection – a special connection he made with the people that enabled him to write Black Detroit.

In response to questions from Professor Lewis-McCoy, Mr. Boyd went on to drop nuggets and kernels of information throughout the evening.  For instance, the existence of slavery in Detroit as well as the Underground Railroad where Detroit served as the last stop. Mr. Boyd explains: “This was a path that was carved out by individuals who were escaping the atrocities of servitude in this country,” Or when he talked the racial tensions and hostilities that framed the racial riots of 1943 and 1967.

Or how automobile manufacturing was not only the “lifeblood” for Detroit’s economy but for the nation as well. Or when he unveiled that before Detroit was known for making automobiles, Detroit was at one time, the stove-making capital of the world! Or when he talked about not only how the music and Detroit was “inexplicably connected” – but how the music was more than Motown.  Here, Mr. Boyd pointed to the world class musicians who studied and played a wide range of music - rhythm & blues, blues, be-bop and of course, jazz. He explained that folks came to Detroit because of the Renaissance taking place there – similar to the Harlem Renaissance. “It was more than just New York – there was a renaissance happening all over the country in varying degrees.” He pointed out that the Harlem Renaissance was also replicated in cities such as Pittsburgh and Toledo.

The evening of conversation ended with the topic of politics – specifically, black radical politics.  Professor Lewis-McCoy asked Mr. Boyd to talk about what he described as the “uniqueness” of Detroit in this regard.  Consider for a moment the Nation of Islam, Malcolm X, the Republic of New Afrika, the revolutionary formations taking place amongst the black workers in the automobile plants, and Wayne State University (WSU) as a cauldron of black radical politics. “It was such a promising moment where we thought revolution was just around the corner, such a moment of heightened political intensity,” said Mr. Boyd. Describing Wayne State University as a “hotbed of activism”, Mr. Boyd recounted his first class at WSU where he had 125 students.  There in the first row sat members of the Socialist Workers Party, Black Panther Party, Shrine of the Black Madonna, League of Black Revolutionary Workers, and the Revolutionary Communist Party. He amused his audience when he said: “Every political stripe was represented in that classroom – so you can imagine the tricky line I had to walk from an ideological standpoint.”  

   

Suggested Reading:

The League of Black Revolutionary Workers

The Underground Railroad in Detroit