Court Dismisses Suffolk County Banishment Proposal Targeting 37 Black Men

Judge Jeffrey A. Spinner dismissed the banishment proposal “with prejudice,” meaning the county cannot attempt in the future to obtain an injunction against these same individuals. The county, which under a new administration had sought to withdraw the proposal, consented to the judge’s order, which is dated April 19.

“This sends a strong signal to any New York police department to think twice before pursuing this kind of banishment strategy,” said NYCLU Senior Staff Attorney Corey Stoughton. “It’s been tried twice now in New York and it has failed in court on both occasions. There are smarter ways to fight crime, and we’re gratified that the new county administration appears to recognize that.”

Last summer, the previous county administration had asked a State Supreme Court judge for an injunction against 37 alleged gang members, all black males, to prohibit them from gathering in public areas in Wyandanch. These individuals would essentially be banished from the community, unable to appear together within a three-square-mile so-called “safety zone.”

In September, the NYCLU filed a friend-of-the-court brief opposing the proposed injunction. The brief argued that the county’s proposal unconstitutionally would permit the police to arrest individuals simply for entering public places when there is no evidence of any criminal activity – a clear violation of the constitutional right to freedom of movement and the most basic restrictions on governmental authority.

“This misguided proposal ran the risk of sweeping up innocent people and subjecting them to arrest even when they have done nothing wrong,” said Amol Sinha, director of the NYCLU’s Suffolk County Chapter. “We’re encouraged that the court has dismissed this with the new county administration’s consent, and we look forward to working with the county on measures that protect public safety and respect basic rights.”

County Executive Steve Bellone, who took office this year after the previous administration had begun the process of obtaining a banishment injunction from the court, has publicly criticized the proposed injunction, saying it was a “distraction” that wouldn’t reduce crime.