NYPD Can Release Body Camera Footage, Court Rules

NEW YORK — The NYPD can continue releasing footage from cops' body cameras, a state appeals court ruled Tuesday in a defeat for the city's largest police union.

The New York City Patrolmen's Benevolent Association argued the videos should be withheld under a state law that shields police personnel records. But a panel of Appellate Division judges disagreed, finding that the footage is "more akin to arrest or stop reports, and not records primarily generated for disciplinary and promotional purposes."

"To hold otherwise would defeat the purpose of the body-worn-camera program to promote increased transparency and public accountability," the ruling says.

The NYPD first released body camera footage in September 2017. But the Appellate Division blocked the city from making more videos public last May while it considered the case.

The PBA first sued to stop the NYPD from releasing videos in January 2018, arguing the practice jeopardized cops' safety and the public's privacy.

At the heart of the case was section 50-a of the state civil rights law, which has been used to block public access to many police records. But a state Supreme Court judge also ruled against the union last year.

The PBA is considering an appeal to the state's highest court despite two unsuccessful attempts, the union's president said.

"We believe that the court's decision is wrong, that it will have a negative impact on public safety and on the safety of our members," PBA President Patrick J. Lynch said in a statement Tuesday. "We are reviewing the decision and assessing our options for appeal."

Advocates and news outlets supported the city in the lawsuit. A coalition of media organizations that included The Associated Press and The New York Times Company moved to intervene in the case last year, arguing the release of body camera footage helps the press and the public hold the police accountable.

"This ruling is an important step forward for transparency, and affirms what the NYPD believes – not only is the public entitled to this information, but this footage overwhelmingly shows just how brave, skilled and dedicated our cops are every single day in service of the people of New York City," Police Commissioner James O'Neill said in a statement.

The NYPD started equipping cops with body cameras in April 2017. The department planned to outfit its patrol cops with one by the end of last year, but that effort was delayed after an officer's camera exploded, forcing nearly 3,000 devices to be pulled from use.

(Lead image: In this Jan. 30, 2018 file photo, a newly issued police body camera is shown during a NYPD news conference in New York. AP Photo/Bebeto Matthews, File)