Mug shots unfairly stigmatize people

While the concerns raised by the Times Union editorial board in “Kill this secret arrest bill,” Jan. 22, regarding First Amendment rights are critically important, the article failed to consider the constitutional issues raised by publishing a person’s arrest photo and information. It constitutes an invasion of personal privacy and perpetuates unjust stigma and discrimination, particularly for low-income individuals and people of color who are disproportionately arrested in our country.

As the Sixth Circuit Court of Appeals ruled in Detroit Free Press v. United States Department of Justice, “A disclosed booking photo casts a long, damagrensselaer ing shadow over the depicted individual.” Gov. Andrew Cuomo’s proposed amendment will help curtail this practice and the resulting obstruction of individuals’ opportunities for economic and social stability.

Websites advertising individuals’ “mug shots” have extended the undue collateral consequences of justice-involvement by turning an investigative tool into a lifelong mark of criminality, and some have even extorted the subjects by demanding payment for photo removal. While several states have prohibited these websites from charging such a fee, Cuomo’s amendment would prohibit their publication in the first place.

The mass imprudent publication of mug shots online adversely affects the lives of tens, if not hundreds, of thousands of New Yorkers, many of whom have never been convicted, and others who have fulfilled their sentences and deserve a meaningful second chance. Cuomo’s amendment, which would follow the federal Department of Justice’s policy, will help to combat the stigmatization of numerous New Yorkers and the discrimination they face in securing housing, employment, education and more. tracie Gardner

New York City Vice President of Policy Advocacy, Legal Action

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