ECBA Clients Win Article 78 Petition Requiring NYPD to Produce Fare Evasion Data

On September 23, 2019 state Supreme Court Justice Arthur Engoron granted an Article 78 Petition filed by ECBA on behalf of clients Council Member Rory I. Lancman and the Community Service Social of New York (“CSSNY”).   The order compels  the New York City Police Department to disclose statistics, which are required to be made public by City Law, regarding arrests made and civil summonses issued to individuals for fare evasion at each of the 472 subway stations in New York City.  These statistics, which will provide the public with an important tool ensure accountability from the Police Department.

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.  Since the law’s enactment, the Police Department had brazenly refused to comply with its obligations.  Yesterday’s ruling will ensure that the City will receive the transparency that the City Council has required and that the public deserves.

Coverage of the decision in the New York Post is here.

The Petitioners are represented by ECBA attorneys Richard D. Emery and David Berman.

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