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The law has historically not been a significant concern for the NYPD. Put another way: this is a "win" in the sense that there's judicial recognition of the pr

The law has historically not been a significant concern for the NYPD. Put another way: this is a "win" in the sense that there's judicial recognition of the problem, but attempting to test this law is still going to get you harassed and potentially arrested. The question then becomes whether 24+ hours in jail is worth ultimately being vindicated in court. Compare recent attempts to get the NYPD to stop parking illegally[1][2]. [1]: https://nyc.streetsblog.org/2023/01/23/tipster-sues-nypd-for-harassment-over-311-complaints-about-illegal-parking https://nyc.streetsblog.org/2023/01/23/tipster-sues-nypd-for... [2]: https://hellgatenyc.com/nypd-try-to-illegally-park-then-ticket-cyclist https://hellgatenyc.com/nypd-try-to-illegally-park-then-tick...

TedDoesntTalk 3y ago
Also in many jurisdictions, arrest records are public and cannot be expunged… even if charges are never filed!
- KennyBlanken 3y ago
  And many people have employers who would not tolerate a zero-notice day of absence, can't afford the fees for a criminal defense attorney (and public defenders are so backed up they're nearly useless), and so on.
JumpCrisscross 3y ago
> question then becomes whether 24+ hours in jail is worth ultimately being vindicated in court With a pattern of violations, a civil case for damages emerges. (With an arrest, there is particularised harm in a way parking violations do not tend to create.)
- woodruffw 3y ago
  > With a pattern of violations, a civil case for damages emerges. Agreed, although this is predicated on being willing to put up with arrest. In effect, the cost is asymmetric: to have my civil rights enshrined here, I'd have to be willing to go to jail a handful of times, miss work, suffer physical and verbal abuse at the hands of an agency that rapes detainees[1], etc. All for a judge to potentially grant me damages. [1]: https://en.wikipedia.org/wiki/Abner_Louima https://en.wikipedia.org/wiki/Abner_Louima

TedDoesntTalk 3y ago

Also in many jurisdictions, arrest records are public and cannot be expunged… even if charges are never filed!

KennyBlanken 3y ago
And many people have employers who would not tolerate a zero-notice day of absence, can't afford the fees for a criminal defense attorney (and public defenders are so backed up they're nearly useless), and so on.

JumpCrisscross 3y ago

> question then becomes whether 24+ hours in jail is worth ultimately being vindicated in court With a pattern of violations, a civil case for damages emerges. (With an arrest, there is particularised harm in a way parking violations do not tend to create.)

woodruffw 3y ago
> With a pattern of violations, a civil case for damages emerges. Agreed, although this is predicated on being willing to put up with arrest. In effect, the cost is asymmetric: to have my civil rights enshrined here, I'd have to be willing to go to jail a handful of times, miss work, suffer physical and verbal abuse at the hands of an agency that rapes detainees[1], etc. All for a judge to potentially grant me damages. [1]: https://en.wikipedia.org/wiki/Abner_Louima https://en.wikipedia.org/wiki/Abner_Louima