Politics & Government

Lawsuit Filed In Response To LI's Controversial Armed-Citizens' Plan

The law "doesn't allow them to hand badges to private citizens and turn them loose on the public, civil rights attorney Josh Kelner said.

MINEOLA, NY — A lawsuit was filed on Wednesday in response to Nassau County's plan to hire armed citizens for emergencies.

Last year, advertisements appeared in local newspapers seeking provisional deputy sheriffs to assist law enforcement in emergencies. The plan has been denounced ever since by Democrats in the legislature.

Last summer, Nassau County Executive Bruce Blakeman addressed critics by saying, "They would not be activated unless there was a very significant emergency."

Find out what's happening in Mineolafor free with the latest updates from Patch.

However, part of Wednesday's legal action is due to Blakeman's lack of transparency with the controversial project, those commencing the litigation said.

Legislator Debra Mulé of the Nassau County Legislature Public Safety Committee condemned what she called the lack of transparency, noting: "We filed formal Freedom of Information Law (FOIL) requests to get answers, and Blakeman ignored them. Even the county budget hides how much money is being funneled into this program. If this militia is such a great idea, why is he hiding it from the public?"

Find out what's happening in Mineolafor free with the latest updates from Patch.

Blakeman's spokesperson did not immediately respond to a request for comment from Patch.

The suit, which names Blakeman, Nassau County and Sheriff Anthony LaRocco as defendants, states that Nassau "is permitted to accept help from New York State and from other municipalities’ law enforcement agencies," according to the complaint.

"It doesn't allow them to hand badges to private citizens and turn them loose on the public, particularly during an emergency," civil rights attorney Joshua Kelner told Patch.

"They've sought to shroud the program in secrecy and have refused to disclose to the legislature and the public the particulars of the program," Kelner said.

On Tuesday, while outlining a new plan for Nassau police to work with Immigration and Customs Enforcement, Blakeman said his armed deputies program would not be involved.

"They have nothing to do with this. I do not see a circumstance where they would ever be any part of this," Blakeman said.

As stated in the court complaint, "Members of defendants’ civilian militia are not qualified as 'police officers' or 'peace officers' under New York State law. They therefore have no authority to use deadly force, to make arrests or otherwise to exercise police powers beyond the authority that which may be exercised by any civilian in the State of New York."

Kelner wants the court to be "declared illegal" and "permanently enjoined from continuing," he said.

Get more local news delivered straight to your inbox. Sign up for free Patch newsletters and alerts.