Nassau Bill Would Make First Responders A Protected Class

NASSAU COUNTY, NY — The Nassau County Legislature is scheduled to vote on two bills Monday that would make police officers and other first responders a protected class of citizens and make it illegal to deny them service at a business. According to the proposed law, it would be a hate crime to "harass, menace, assault or injure" any first responder. The law has received harsh criticism from civil rights groups.

The bill was proposed by Legislator Joshua Lafazan in response to the Black Lives Matter protests across the nation last summer. At a news conference announcing the bill in June, Lafazan said that "the recent widespread pattern of physical attacks and intimidation directed at police has undermined the rule of law and put all of our civil liberties in danger."

He added, "As legislators, we have determined that there is urgent need to enhance the legal protections afforded to our law enforcement personnel and other first responders under the Nassau County human rights law."

Under the law, it would become a hate crime to "harass, menace, assault or injure" any first responder. In addition, if the incident occurs while the first responder is in uniform, the law says there is an "irrebuttable presumption" that the first responder was targeted because of their profession.

First responders would be allowed to 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.

Nassau County Executive Laura Curran has not taken a stance on the bill.

"Prior legislation protecting first responders was passed unanimously by the County Legislature in 2019," said Christine Geed, a spokeswoman for Curran. "Protecting our first responders must always be a top priority, especially in the aftermath of the Jan. 6 attack on the Capitol. We look forward to hearing the public comment and discussion at the Legislature meeting on Monday... We will review any potential amendments that may be proposed by the Legislature."

The New York Civil Liberties Union is strongly opposed to the law. The NYCLU also says the bill conflates a chosen profession with being a member of a protected group — such as a racial or religious minority or a member of the LGBTQ community.

According to the NYCLU, police officers and first responders are already protected under the law, and crimes committed against them already come with steep penalties. The NYCLU also says the "irrebuttable presumption" clause is "flatly unconstitutional," making it so that people accused of targeting first responders don't have an opportunity to prove their innocence. It also gives first responders more rights than the citizens they're sworn to protect.

"In addition to enhanced criminal penalties, the bill would allow any first responder injured by an alleged act of bias to recover actual damages, punitive damages, attorneys’ fees and costs, and [triple] damages if the injury occurred during a riot (which the bill does not define)," the NYCLU wrote in a memo opposing the bill. "As with the irrebuttable presumption (which would also apply to civil actions brought under this law), this is more than either New York law or the Nassau County Code allows ordinary civilians who suffer hate crimes.

"To put a fine point on it, a Jewish person assaulted by neo-Nazis or a black person beaten by the KKK on the streets of Nassau County has fewer rights under the Nassau County Administrative Code than a police officer who suffers a minor injury while arresting a protester at a Black Lives Matter demonstration," the NYCLU says.

The second bill the Legislature is voting on would make it illegal for businesses to refuse service to first responders. If they do, they would face a civil penalty of $1,000.