County legislators expected criticism, but the arrest of 10 persons at the Broome County Legislature on November 21st startled many, including myself.[1]  At issue was a proposal for a new law, which protestors from multiple community organizations called the police “annoy” bill or “censorship” bill.

Local legislators at the meeting were however insistent: Broome County needs a law to protect firefighters and EMT workers from being harassed on the job.  The possible penalty for being annoying?  A year in jail and a $5,000 fine. And to top that off, legislators pushed a resolution to support a state bill that would turn such assaults into a special category of a “hate crime”.[2]

But let’s be real and face the evidence. The aim of these bills is simple: to attack rising public criticism of the sheriff, the jail administration, and the local police.  

And these bills don’t appear by chance: they join the growing statewide project by Mayors, District Attorneys, and local representatives[3]–from Sheriff Harder[4]  to newly-elected Democratic representative Brindisi[5]— to undermine the new bail, speedy trial, and discovery laws that come into effect on January 1.

The Broome County annoyance bill fits right in, taking aim at growing protests by multiple community organizations at deaths and abuse in the jails, unaccountable and harsh policing in schools and on our streets, and the long-term diversion of funds from mental health and drug treatment into policing and jailing residents by the thousands.  The new bill would counter this directly by criminalizing anyone who annoys or harasses police.

County legislators struggled to deny this, stressing the aim was to protect “first defenders” and not police.  The Chair of the Legislature Dan Reynolds told the gathered crowd retorted that

“We have been talking about this for a while and one of the reasons it came up was because of firefighters. It was firefighters, paramedics, it wasn’t law enforcement.”[6]

Mention of police or the Sheriff was studiously avoided, even as the room was  packed to capacity with 120+ protestors and surrounded by dozens of fully armed State Police, City Police, and Broome County Sheriffs;  County Sheriff Harder looked on stonily from a chair to the side. Mobile command posts and paddy wagons were parked outside. But this had nothing, the crowd was told, to do with the Sheriff or the police.

There were no such attempts at deception when the bill was introduced at a press conference in October. Reynolds then introduced the bill standing alongside not firefighters or EMT personnel, but next to Binghamton Mayor Richard David and former Broome County Undersheriff, and current part-time patrolman, Senator Akshar. Reynolds at that time was quite clear:  the bill was explicitly modeled after and designed to support Akshar’s Senate bill that would make harassment of police a hate crime.[7] 

Designating the police as an oppressed minority takes a fevered imagination. Hate crime statutes were constructed to address violent acts against members of groups that have historically been discriminated against because of race, religion, ethnicity, sexual orientation or gender. Defining overwhelming white and male police forces as an oppressed group is wildly Orwellian, especially in Broome County. At the Broome County Jail, the Correctional Officer force is 97.5% white.[8]  Binghamton’s police force has been built along the same lines.  As the Press and Sun-Bulletin has reported, “Among the ranks of the 138-member Binghamton Police Department, 13 officers are women and three are black. If the department reflected the city’s demographics, 69 officers would be women and 21 would be black.”[9] As a Times Union editorial has pointed out,[10] the bill was an obvious response to the Black Lives Matter protest around the state.  Senator Akshar has a growing list of such supports for Sheriffs and Police Chiefs—as in in his effort to expand the other end of the school to prison pipeline[11] by spending $200 million on police for all schools in the state.[12]

The current county bills advance these efforts by making it a crime to “annoy” or “alarm” an officer. There are lots of instances recently of this. Take for instance the person who mouths off at an officer as they get another parking ticket.[13] Now we can give them a $5,000 fine? Are we pleased we can now imprison those who accuse the Sheriff of being responsible for abuse and unnecessary deaths at the jail (as a  Federal judge ruled recently[14])? Give them a year in jail? Arrest students who challenge the beating of youth in the streets by school police?[15] Or silence by law police officers who accuse the police brass of racism, as in two pending lawsuits by Binghamton officers[16]? Do we fine, arrest, or jail the folks who annoy the Sheriff for calling for his resignation or firing, as has Justice and Unity for the Southern Tier? 

Its absurd. But still the legislators retort with a second line of defense: firefighting and policing are dangerous jobs.  They are. But how dangerous? And where? At the legislative meeting proponents for the bill read a long list of the number of firefighters and EMT staff who were injured on the job across the country.  But no local cases were mentioned.  Not a single instance of the harassment preventing local EMT or firefighters from doing their job could be presented.

Senator Akshar and others counter by repeating that policing, at least, is highly dangerous and is growing more so. Yet let’s be clear: this is false. As reported by many federal sources and prominently in the media,[17] police and sheriff officers do NOT rank in the even the top ten most dangerous jobs.  Akshar and his supporters go further to claim attacks on and deaths of police officers are increasing, making this law necessary.  But this is NOT true either. The numbers and rate of felonious deaths of police have been falling since 1970 as data from the Officer Down Memorial Page and others indicates.[18] In the last ten years in the entire country about 50 officers die each year of accidents, and 50 of felonious assaults; the numbers rise and fall slightly year to year:[19] 

Locally, in the last ten years one officer total has been reported killed in the combined police forces of the City of Binghamton, Broome County, Johnson City, Binghamton University, and Vestal.[20] Contrast these numbers with the number of estimated persons killed by police officers, disproportionately youth of color:  a steady 900-1000 per year.[21]

These disparities, and the resistance of city, county and school board officials to provide any transparency and accountability around policing and the jail, has led to steadily growing community criticism.  It certainly annoys, even harasses, isolated local officials. Progressive Leaders of Tomorrow has in the last several years mightily annoyed the police and the local school board, protesting the harassment, detention, and arrest of Black and Latinx members of the community.  The NAACP has filed a lawsuit.  Justice and Unity for the Southern tier has mounted ever-larger public meetings across the county, and rallies and protests outside the jail and at county meetings.  Families of those who have suffered brutal deaths in the jail have filed lawsuits as well, and are winning them. Truth Pharm has marched as well, rallying community members to demand that those with substance use disorders get access to treatment and not county jail cells.  

Passing new laws won’t legitimize the illegitimate. It is time county legislators turn their efforts to serve the people of the county and not those commanding and benefiting from the machinery of mass incarceration.

Notes

[1] Among the press reports see “Nine Arrested during Protest at Broome County Legislative Chambers against Proposed Law – Pipe Dream,” accessed November 30, 2019, https://www.bupipedream.com/news/112892/nine-arrested-during-protest-at-broome-county-legislative-chambers-against-proposed-law/; Anthony Borrelli, “‘Annoy the Police’: How a Proposed Law Led to Protest, Arrests in Binghamton,” Pressconnects, accessed December 4, 2019, https://www.pressconnects.com/story/news/public-safety/2019/11/22/broome-county-legislature-protesters-arrested-emergency-responder-harassment-protection-law-plot/4269709002/; “Protests Erupt Over Proposed Law to Protect Broome Co. First Responders,” accessed December 4, 2019, https://spectrumlocalnews.com/nys/central-ny/news/2019/11/22/first-responders-protection-act-broome-county.

[2] “NY State Senate Bill S335,” NY State Senate, January 3, 2019, https://www.nysenate.gov/legislation/bills/2019/s335.

[3] “New York Law Enforcement Critical of Criminal Justice Reforms,” WGRZ, accessed December 4, 2019, https://www.wgrz.com/article/news/crime/new-york-law-enforcement-critical-of-criminal-justice-reforms/71-1704b66c-737c-49e2-9c7c-e00d8516527c.

[4] “Broome County Sheriff Opposes Bail Elimination Act, but Local Organizations Voice Support Following Jail Deaths – Pipe Dream,” accessed December 4, 2019, https://www.bupipedream.com/news/112897/broome-county-sheriff-opposes-bail-elimination-act-but-local-organizations-voice-support-following-jail-deaths/.

[5] Celia Clarke, “Reed, Brindisi Say NY Criminal Justice Reforms Ignore The Rights Of Crime Victims,” WSKG, accessed December 4, 2019, https://wskg.org/news/reed-brindisi-say-ny-criminal-justice-reforms-ignore-the-rights-of-crime-victims/.

[6] “Nine Arrested during Protest at Broome County Legislative Chambers against Proposed Law – Pipe Dream,” accessed November 30, 2019, https://www.bupipedream.com/news/112892/nine-arrested-during-protest-at-broome-county-legislative-chambers-against-proposed-law/.

[7] Amy Hogan, “Broome Legislature Proposals Aim To Protect Police, First Responders, From Harassment On The Job,” accessed November 30, 2019, http://www.wicz.com/story/41228658/broome-legislature-proposals-aim-to-protect-police-first-responders-from-harassment-on-the-job.

[8] “Whose White at the BC Jail? We Don’t Know? – JUST Talk,” accessed December 4, 2019, https://justtalk.blog/index.php/2018/09/14/whose-white-at-the-bc-jail-we-dont-know/.

[9] Anthony Borrelli, “DIVERSITY IN THE RANKS: City Boosts Police Recruiting,” Pressconnects, accessed December 4, 2019, https://www.pressconnects.com/story/news/public-safety/2016/09/27/diversity-ranks-city-boosts-police-recruiting/90918278/.

[10] “Editorial: Don’t Dilute Hate Crime Laws,” Times Union, May 20, 2019, https://www.timesunion.com/opinion/article/Editorial-Don-t-dilute-hate-crime-laws-13858014.php.

[11] “The Binghamton School to Prison Pipeline – JUST Talk,” accessed November 30, 2019, https://justtalk.blog/index.php/2019/01/25/the-binghamton-school-to-prison-pipeline/.

[12] “Broome’s Schools & the Cost of Fear – JUST Talk,” accessed November 30, 2019, https://justtalk.blog/index.php/2019/05/04/broomes-schools-and-the-cost-of-fear/. Akshar has a raft of such proposals to support more policing even as crime rates fall everywhere—as in in his effort to expand the other end of the school to prison pipeline[12] by spending $200 million on police for all schools in the state.[12]

[13] “Police Watch: October 14, 2019 – Pipe Dream,” accessed December 4, 2019, https://www.bupipedream.com/news/110945/police-watch-october-14-2019/.

[14] web October 15 and 2019 at 1:29 Pm, “Harder Falls, Salladin Barton Vindicated – JUST Talk,” accessed December 4, 2019, https://justtalk.blog/index.php/2019/08/29/harder-falls-salladin-barton-vindicated/.

[15] Ashley Biviano, “Binghamton High School Student Says Staff Assaulted Him, Used Racial Slur,” Pressconnects, accessed December 4, 2019, https://www.pressconnects.com/story/news/local/2018/09/28/black-student-assaulted-bhs-staff-leaving-wrong-doors/1334218002/.

[16] Amy Hogan, “A Second Binghamton Police Officer Files Racial Discrimination Complaint Against City, Police Chief,” accessed December 4, 2019, http://www.wicz.com/story/41370581/a-second-binghamton-police-officer-files-racial-discrimination-complaint-against-city-police-chief.

[17] Samuel Stebbins Stockdale Evan Comen and Charles, “Workplace Fatalities: 25 Most Dangerous Jobs in America,” USA TODAY, accessed November 30, 2019, http://247wallst.com/special-report/2018/01/02/25-most-dangerous-jobs-in-america.

[18]

Dennis Bratland – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=54678050

[19] Niall McCarthy, “The Number Of U.S. Police Officers Killed In The Line Of Duty Increased Last Year [Infographic],” Forbes, accessed November 30, 2019, https://www.forbes.com/sites/niallmccarthy/2019/05/08/the-number-of-u-s-police-officers-killed-in-the-line-of-duty-increased-last-year-infographic/.

[20] “New York Line of Duty Deaths,” The Officer Down Memorial Page (ODMP), accessed November 30, 2019, https://www.odmp.org/search/browse.

[21] “Fatal Force: 2018 Police Shootings Database,” Washington Post, accessed November 30, 2019, https://www.washingtonpost.com/graphics/2018/national/police-shootings-2018/.

References

Biviano, Ashley. “Binghamton High School Student Says Staff Assaulted Him, Used Racial Slur.” Pressconnects. Accessed December 4, 2019. https://www.pressconnects.com/story/news/local/2018/09/28/black-student-assaulted-bhs-staff-leaving-wrong-doors/1334218002/.

Borrelli, Anthony. “‘Annoy the Police’: How a Proposed Law Led to Protest, Arrests in Binghamton.” Pressconnects. Accessed December 4, 2019. https://www.pressconnects.com/story/news/public-safety/2019/11/22/broome-county-legislature-protesters-arrested-emergency-responder-harassment-protection-law-plot/4269709002/.

———. “DIVERSITY IN THE RANKS: City Boosts Police Recruiting.” Pressconnects. Accessed December 4, 2019. https://www.pressconnects.com/story/news/public-safety/2016/09/27/diversity-ranks-city-boosts-police-recruiting/90918278/.

“Broome County Sheriff Opposes Bail Elimination Act, but Local Organizations Voice Support Following Jail Deaths – Pipe Dream.” Accessed December 4, 2019. https://www.bupipedream.com/news/112897/broome-county-sheriff-opposes-bail-elimination-act-but-local-organizations-voice-support-following-jail-deaths/.

“Broome’s Schools & the Cost of Fear – JUST Talk.” Accessed November 30, 2019. https://justtalk.blog/index.php/2019/05/04/broomes-schools-and-the-cost-of-fear/.

Clarke, Celia. “Reed, Brindisi Say NY Criminal Justice Reforms Ignore The Rights Of Crime Victims.” WSKG. Accessed December 4, 2019. https://wskg.org/news/reed-brindisi-say-ny-criminal-justice-reforms-ignore-the-rights-of-crime-victims/.

Times Union. “Editorial: Don’t Dilute Hate Crime Laws,” May 20, 2019. https://www.timesunion.com/opinion/article/Editorial-Don-t-dilute-hate-crime-laws-13858014.php.

Washington Post. “Fatal Force: 2018 Police Shootings Database.” Accessed November 30, 2019. https://www.washingtonpost.com/graphics/2018/national/police-shootings-2018/.

Hogan, Amy. “A Second Binghamton Police Officer Files Racial Discrimination Complaint Against City, Police Chief.” Accessed December 4, 2019. http://www.wicz.com/story/41370581/a-second-binghamton-police-officer-files-racial-discrimination-complaint-against-city-police-chief.

———. “Broome Legislature Proposals Aim To Protect Police, First Responders, From Harassment On The Job.” Accessed November 30, 2019. http://www.wicz.com/story/41228658/broome-legislature-proposals-aim-to-protect-police-first-responders-from-harassment-on-the-job.

McCarthy, Niall. “The Number Of U.S. Police Officers Killed In The Line Of Duty Increased Last Year [Infographic].” Forbes. Accessed November 30, 2019. https://www.forbes.com/sites/niallmccarthy/2019/05/08/the-number-of-u-s-police-officers-killed-in-the-line-of-duty-increased-last-year-infographic/.

WGRZ. “New York Law Enforcement Critical of Criminal Justice Reforms.” Accessed December 4, 2019. https://www.wgrz.com/article/news/crime/new-york-law-enforcement-critical-of-criminal-justice-reforms/71-1704b66c-737c-49e2-9c7c-e00d8516527c.

The Officer Down Memorial Page (ODMP). “New York Line of Duty Deaths.” Accessed November 30, 2019. https://www.odmp.org/search/browse.

“Nine Arrested during Protest at Broome County Legislative Chambers against Proposed Law – Pipe Dream.” Accessed November 30, 2019. https://www.bupipedream.com/news/112892/nine-arrested-during-protest-at-broome-county-legislative-chambers-against-proposed-law/.

NY State Senate. “NY State Senate Bill S335,” January 3, 2019. https://www.nysenate.gov/legislation/bills/2019/s335.

October 15, web, and 2019 at 1:29 Pm. “Harder Falls, Salladin Barton Vindicated – JUST Talk.” Accessed December 4, 2019. https://justtalk.blog/index.php/2019/08/29/harder-falls-salladin-barton-vindicated/.

“Police Watch: October 14, 2019 – Pipe Dream.” Accessed December 4, 2019. https://www.bupipedream.com/news/110945/police-watch-october-14-2019/.

“Protests Erupt Over Proposed Law to Protect Broome Co. First Responders.” Accessed December 4, 2019. https://spectrumlocalnews.com/nys/central-ny/news/2019/11/22/first-responders-protection-act-broome-county.

Stockdale, Samuel Stebbins, Evan Comen and Charles. “Workplace Fatalities: 25 Most Dangerous Jobs in America.” USA TODAY. Accessed November 30, 2019. http://247wallst.com/special-report/2018/01/02/25-most-dangerous-jobs-in-america.

“The Binghamton School to Prison Pipeline – JUST Talk.” Accessed November 30, 2019. https://justtalk.blog/index.php/2019/01/25/the-binghamton-school-to-prison-pipeline/.

“Whose White at the BC Jail? We Don’t Know? – JUST Talk.” Accessed December 4, 2019. https://justtalk.blog/index.php/2018/09/14/whose-white-at-the-bc-jail-we-dont-know/.