Curran Vetoes Nassau Police Protection Bill

NASSAU COUNTY, NY — Nassau County Executive Laura Curran on Tuesday vetoed a controversial bill that would have made offenses against police officers and other first responders hate crimes and given them the ability to sue residents. Opponents of the bill called it unconstitutional, and said it put first responders on a pedestal above the people they are sworn to serve. Proponents saw it as a way to protect them.

The bill passed the Legislature on Aug. 2 by a 12-6 vote, mostly along party lines. Legislator Joshua Lafazan, an independent who caucuses with Democrats, wrote the bill and voted in favor of it. Republican C. William Gaylor III was absent.

After the vote, Curran did not signal whether she would sign the bill. Instead, she sent it to the office of New York Attorney General Letitia James for review. That review, which was not in favor of the bill, prompted Curran to veto it.

“I’m proud of the dedicated first responders who’ve made Nassau the safest county in America, and I continue to stand firmly with the brave men and women of law enforcement, and against any efforts to ‘defund the police,’" Curran said in a statement. "The guidance provided by the New York State Attorney General raises issues about the constitutionality of the proposed law, which would inhibit residents’ rights to free speech and protest. The proposed bill is well-intentioned, but should not come at the costs of the basic First Amendment freedoms that we all enjoy as Americans.”

In her letter to the Legislature explaining the veto, Curran quoted part of the attorney general's assessment, which questioned the constitutionality of the bill and its conflicts with existing New York state law.

"Those flaws are serious enough to guarantee multiple court challenges to [the bill's] validity," the letter quotes that AG's office. "Whether the law would survive such challenges is by no means clear, but the county would bear the full brunt of the cost of defending the law. Those costs, and this law, are unnecessary because the Penal Law and Nassau Administrative Code already provide an array of enhanced protections for first responders."

Those opposed to the bill said that the threat of lawsuits, which could go as high as $50,000 under the bill, would have a chilling effect on people protesting against police. The bill contained an "irrebuttable presumption" clause that said that any offense committed against a first responder while they were in uniform was done because they were a first responder.

It meant that an officer could sue a citizen for harassment, and the citizen could not prove in court that they were not targeting the officer because of their profession. That is not something that is offered to minorities when they are the victim of hate crimes — they have to prove that they were targeted because of who they are.

The Legislature could override Curran's veto with a 13-vote supermajority. However, that seems unlikely. Lafazan said he respects the opinion of the attorney general's office and will not vote to override Curran's veto, which means Republicans in the Legislature wouldn't have enough votes. Chris Boyle, spokesman for the Nassau County Republican majority, said the Republican legislators are "currently discussing next steps."

"Over the past week I've had the opportunity to speak with community leaders regarding their concerns over the bill," Lafazan said in a statement. "My hope is to now continue conversations with the community and our first responders to ensure Nassau remains both a safe and a fair county for us all."

Prior to the bill passing Aug. 2, there was an hours-long meeting in which members of the public spoke on the issue. The only people to speak in support of the bill were four representatives of county law enforcement unions. They said it would help protect their members.

"We are very disappointed in the actions of County Executive Curran vetoing a piece of legislation that was created in direct response to the increase in discrimination and violence toward our membership in the last few years" said Nassau County Police Benevolent Association President James McDermott. "Incidents of first responders being menaced and harassed have gone up considerably in the last few years and the county executive has sided against the legislature and against police officers and others who perform their jobs in harm's way. Our membership is in full support of anyone who wishes to express themselves in a peaceful, nonviolent fashion."