State law does not pre-empt a New York City law prohibiting discriminatory policing that was enacted in 2013 amid concerns about the New York City Police Department’s increased reliance on stop-and-frisk tactics, a Manhattan appeals court ruled.
The unanimous, signed decision by the Appellate Division, First Department, rejects a challenge to Local Law 71 filed by the Patrolmen’s Benevolent Association and the Sergeants Benevolent Association, which argued that it is pre-empted by the state’s Criminal Procedure Law, that it imposed “nebulous” requirements on officers and that it ultimately threatened public safety.
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