Lavelle to introduce a bill that bans police chokeholds
Police say they’re already prohibited
Pittsburgh City Councilman Daniel Lavelle wants to legislate a ban on chokeholds, but city police say neck restraints are already prohibited and can only be used as “a measure of last resort.”
Mr. Lavelle on Tuesday plans to introduce a bill to amend the city’s administrative code for the Department of Public Safety by adding a chokehold prohibition and a measure that allows a person the “right of action against the City of Pittsburgh for injuries proximately caused by violations” of the prohibition.
Councilman Ricky Burgess, who in recent weeks introduced several police reform bills, is a cosponsor.
The proposed legislation specifically names “carotid restraint” and “neck restraint” as two methods it aims to ban.
It defines carotid restraint as “applying pressure to the carotid artery, jugular vein, or sides of the neck with the purpose, intent, or effect of controlling a subject’s movement or rendering a subject unconscious by constricting the flow of blood to and from the brain.”
It defines neck restraint as “applying pressure against the windpipe, or the frontal area of the neck with the purpose, intent, or effect of controlling a subject’s movement or rendering a subject unconscious by blocking the passage of air through the windpipe.”
The proposed ordinance comes as the nation has seen several high-profile choking incidents of Black men at the hands of police, including the death of George Floyd and Eric Garner. Just days ago, an NYPD officer was charged after cellphone video and his body camera revealed him using a chokehold maneuver on a man in Queens. The banning of chokeholds has become a sticking point in Congress’ debate over police reform.
Pittsburgh police already are prohibited from using “neck restraints or similar control techniques ... unless involved in a deadly force encounter,” according to the Bureau of Police use-of-force policy.
“It is not used in any standard arrest or situation where police are attempting to restrain a noncompliant subject,” said Cara Cruz, police spokeswoman.
Deadly force is called for when an officer “reasonably believes they’re going to die and they would be incapable of using a firearm,” for example “a very close violent physical struggle,” said Robert Swartzwelder, president of the Fraternal Order of Police Fort Pitt Lodge 1.
“The neck restraints, chokeholds, et cetera, have been expressly prohibited by Pittsburgh police policy except in deadly force situations for over a decade, minimum,” he said.
Mr. Lavelle said he is aware the policy exists, but the police manual has a “potential to be changed, whereas putting something into city code makes it more formal and official.”
Council will hold its regular meeting virtually at 10 a.m. Tuesday. Meetings can be watched live on the city’s YouTube channel.