Nassau Legislature OKs Making First Responders A Protected Class

NASSAU COUNTY, NY — After multiple hours of comments from the public — which was almost exclusively against the bill — the Nassau County Legislature passed a bill that would make police officers and other first responders a protected class of citizen on par with racial and religious minorities, adding to the already considerable protection they have under the law. It would also, according to critics, give those officers more rights than minority groups.

The law, which was put forward by Legislator Joshua Lafazan, makes it a hate crime to "harass, menace, assault or injure" any first responder. The part of the law that most riled up critics is that it says that if the incident occurs while the officer is in uniform, there is an "irrebuttable presumption" that the officer was targeted because of their profession.

Under the law, an officer could sue a citizen for harassment, and the citizen would not be able to 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.

"There is no justification for violence against first repsonders," Lafazan said at the meeting. "And these bills will add further protections into law for Nassau County's first responders as they protect us."

The bill passed the Legislature 12-6. It will now go to Nassau County Executive Laura Curran to either be passed or vetoed. Prior to the meeting, Curran did not indicate how she would vote on the bill.

Dozens of people spoke for more than five hours at the meeting. The only people to speak in favor of the law were four representatives of law enforcement officer unions. Nearly 40 other people all voiced their opposition to the bill.

"Police officers, if they are harassed, they can arrest people. They can use the law. That's why we have legislation," said Tracy Edwards, regional director of the Long Island chapter of the NAACP. "We have wonderful police officers who can protect themselves. They do not need to have a human rights law to put them above all others. And that's what you are doing. You are taking that chosen, sacred profession and you are trying to put it above all others. Because [Legislator Lafazan] has a tough campaign. That's what this is about."

Many of the people who spoke derided the Legislature for putting forward a bill that would put the rights of police officers and other first responders above the lives of the citizens they serve. Some pointed out that this bill would make police officers a protected class of citizen, but Nassau County still does not offer the same protections to transgender residents.

"How dare you sit here today and tell all of Nassau's transgender community that a profession is more worthy of protection than their lives," said David Kilmnick, president and CEO of The LGBT Netowrk. "How dare you tell the transgender community, who are gunned down and murdered because of their gender identity, that they're not worthy of protection, but that people who carry guns are?"

Many also said that the "irrebuttable presumption" clause of the bill is unconstitutional, and is setting the county up for a lawsuit from civil rights groups.

"The bill is unconstitutional without any route of being salvaged. And if you want a fight, I'm built for it," said Fred Brewington, a Hempstead civil rights attorney.

"What you're doing right now is a slap in the face to those who crossed the Edmund Pettus Bridge, raised their voices for women's rights in Seneca Falls, and dared to speak out and were victimized at Stonewall," he later added.

Under the bill, first responders can sue for damages, punitive damages and legal fees. If the incident occurred while the officer was responding to "a riot," then the payout would be triple. If a first responder does not wish to pursue action under the law, it directs the county attorney to sue on their behalf. They can sue for up to $25,000, or more if the incident happens during a riot (which the bill does not define).

Proponents of the bill said it was designed to protect the county's first responders, who they claim have been the victims of violence and harassment over the past few years. They also pointed to the riot at the U.S. Capital on Jan. 6 to show that first responders need more ways to address their grievances.

But many of those opposed to the bill saw it not as a way to protect police officers and first responders, but as a weapon to silence people who would speak out against them. They warned that it could have a chilling effect on free speech in the county, because citizen could be afraid that criticizing police officers could be taken as harassment, and then they would have to pay out tens of thousands of dollars.

"I'm seated here today just astonished that we would look to erode what trust our community has with police at this moment," said Legislator Siela Bynoe. "This bill, I believe, is very dangerous. It can have a fiscal impact on those who can barely afford it. Who want to stand up for their rights. Who would be given an attorney in criminal court, but not civil court."

"This has nothing to do with Jan. 6," said Legislator Carrié Solages. "This has everything to do with May 25 [when George Floyd was murdered], in which brave people stood up to corrupt, killing police officers and told them they could not do that."