Body-cam slam
Cops sue NYPD in bid to block public view of encounters
THE CITY’S largest police union sued Mayor de Blasio on Tuesday to block the NYPD’s release of body-camera footage — claiming its disclosure poses civil rights concerns for cops and civilians.
“The basis of this suit is simple: We’re suing to prevent the mayor and the NYPD from arbitrarily and illegally releasing body-camera footage,” Patrolmen’s Benevolent Association President Patrick Lynch said of the Manhattan Supreme Court lawsuit, which was obtained by the Daily News.
“This footage has serious implications not only for the safety and due process rights of police officers, but for the privacy and rights of members of the public, as well. The mayor and the NYPD have shown a reckless disregard for these concerns by circumventing the existing process set up by the state Legislature and selectively releasing portions of videos to suit their own interests.”
While the NYPD does not allow the blanket release of body- camera footage, the department has agreed to release video on a case-by-case basis.
Lynch’s suit cites section 50-a of the state Civil Rights Law — which the city claims prohibits the release of any police personnel records — to bolster his position. Lynch’s lawyer argues body-camera video is a type of personnel record, meaning that releasing this footage would violate the law.
The union said the release of video also jeopardizes the privacy of citizens, including crime victims.
Lynch wants a judge to decide whether requested body-cam footage should be released, rather than the NYPD.
Lynch’s suit cites the Sept. 14 release of a 16-minute clip showing the fatal encounter between cops and a man armed with a knife and holding a fake gun in the Bronx on Sept. 6. The NYPD said the man raised the fake gun at the officers, prompting them to shoot.
“(The NYPD) released this footage over the objection of Bronx District Attorney Clark and over the objection of the petitioner,” the PBA’s lawsuit said.
“Other interested parties, particularly the family of the fatally shot video subject, likewise were denied their statutory right to be heard before a judge.”
The NYPD argues body-camera footage is not subject to the prohibitions stipulated by section 50-a — and can be released at its discretion.
A city official said the department takes the footage and edits it so that it protects privacy while complying with the state Freedom of Information Law.
“This new record is separate from the original footage and is created for the sole purpose of disclosing to the public the relevant events leading up to and including the critical incident,” the official said. “This new record is not a personnel record and is therefore not subject to 50-a.”
A department spokesman said Police Commissioner James O’Neill “has spoken, repeatedly, on the need for increased transparency in how we police. The release of body-camera footage, when possible, is an important extension of that commitment.”
Asked about the lawsuit, City Hall spokesman Austin Finan said: “The mayor and the police commissioner have spoken to the need for increasing transparency into the way our city is policed. The release of body-camera footage, when possible, is an important extension of that commitment.”
The city Law Department said it’s reviewing the suit.
Cynthia Conti-Cook, Staff Attorney at the Legal Aid Society’s Special Litigation Unit, slammed the suit, calling it “a public relations stunt” from the Potrolmen’s Benevolent Association that has no legal merit.