For PBA
Judge temporarily blocks NYPD release of footage
The PBA also maintained in its suit that releasing this video could put the privacy of citizens — including crime victims — at risk.
Union honchos have said they want judges to decide on releasing requested footage, not the NYPD.
The lawsuit cited the release of footage last September revealing a deadly encounter between cops and a knife-wielding man who was also brandishing a fake firearm.
The department claimed he raised his bogus gun, prompting responding officers to open fire.
The department “released this footage over the objection of Bronx District Attorney (Darcel) Clark and over the objection of the petitioner,” according to the suit.
“Each time the NYPD illegally and arbitrarily releases bodyworn camera footage, they are harming police officers’ safety, the public’s right to privacy and the interests of justice in ways that can’t be undone,” PBA President Patrick Lynch said.
“The Legislature enacted laws limiting public disclosure of police officers’ personnel records to guard against exactly this scenario, and police officers have a clear right to challenge the NYPD’s tortured attempts to twist the law to serve its own purposes.”
The NYPD has contended that this footage isn’t protected by 50-a.
Asked for comment on Richter’s decision, a spokesman for the city Law Department said, “We are disappointed with this interim ruling.”
“The whole idea behind the (body-worn camera) program is to ensure transparency and accountability for the public,” said Law Department spokesman Nicholas Paolucci.
“We believe (body-worn camera) footage is a factual record of an incident, not a personnel record protected by 50-a. We’ll proceed accordingly in the litigation.”
Richter’s ruling will be in place until an appeals panel decides on the PBA’s request for longerterm relief. THE NYPD will hand over numbers on the use of force by cops in each precinct after a clash with the City Council over the data, Police Commissioner James O’Neill said Monday.
O’Neill pledged to hand over the information after the NYPD previously refused to disclose it, arguing the disclosure would violate a state law that bars the release of police disciplinary records.
The dispute stems from a city law passed by the Council in 2016, which requires the department to release use of force data by precinct, including the number of complaints of excessive force and how many were substantiated.
But the NYPD argued that to follow the local law and provide the excessive-force information would violate section 50-a of the state Civil Rights Law, a controversial statute that shields police disciplinary information from public view.
Critics slammed that argument, since the Council was asking only for data by precinct — not the identities of individual cops flagged for excessive force.
“We have to balance transparency with police officer safety,” O’Neill said. “There are people out here who are trying to do police officers harm.”