Amicus Brief Reyes v City of New York

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SUMMARY

The Civil Rights Committee filed an amicus brief in the New York State Court of Appeals in Reyes v. City of New York. The brief addresses whether N.Y. Civil Rights Law § 79-p and N.Y.C. Administrative Code § 14-189 (the “Right to Record Acts” or “RTRAs”) protect the right of individuals to record law enforcement activity inside publicly accessible lobbies of New York City Police Department (“NYPD”) stationhouses, notwithstanding an NYPD regulation purporting to prohibit such recording. The committee argues that, for three related reasons grounded in New York public policy, the RTRAs protect the right to record in stationhouse lobbies: (1) New York’s longstanding commitment to civil rights and government transparency confirms that the RTRAs apply in stationhouses; (2) the right to record in stationhouse lobbies is essential given the NYPD’s documented history of mistreating would-be complainants; and (3) permitting recording in stationhouses reinforces New York’s sanctuary policies and protects immigrant communities. “Interpreting the RTRAs to exclude [publicly accessible areas of NYPD stationhouses] would undermine New York’s longstanding commitment to transparency, accountability, and equal access to law enforcement. The Court should therefore make clear that the public’s right to record extends to precinct lobbies, where civilians and police interact most directly and where the need for oversight is at its height.”