ECBA Files Article 78 Petition Against NYPD for Failure to Comply with City Law

On September 19, 2018, ECBA filed a Petition pursuant to Article 78 of the CPLR on behalf of New York City Council Member Rory I. Lancman, MTA Board Member David R. Jones, and the Community Service Society of New York (“CSSNY”) seeking an order to compel the New York City Police Department to comply with a New York City Law which requires it to post reports on its website regarding arrests made and civil summonses issued to individuals for fare evasion at each of the 472 subway stations in New York City.

After CSSNY issued a detailed report reflecting that the vast majority of arrests and summonses for subway fare evasion occur in poor African-American communities, Council Member Lancman introduced legislation requiring the Police Department to release quarterly reports detailing the number of arrests under New York Penal Law § 165.15 and summonses under MTA Rule of Conduct § 1050.4 that were issued for fare evasion at each subway station throughout New York City and to break down the data by various demographic criteria, such as the race, gender, and age range of each person arrested or summonsed.  Council Member’s Lancman’s proposed bill was unanimously approved by the City Council and went into law as New York City Administrative Code § 14-172 in January 2018.  Three required reporting periods have passed since the law’s enactment and the Police Department has brazenly refused to comply with its statutory obligation.

The Petitioners are represented by ECBA attorneys Richard D. Emery and David Berman.  A copy of the Petition is available here, and coverage of this lawsuit in the New York Times, New York Post and New York Daily News is available here, here, and here.

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