NYPD implements new escalation guidelines for responding to political protests to ensure appropriate management.

In a significant shift in policing strategy during public protests, the New York Police Department (NYPD) will implement a detailed escalation plan necessitated by a recent settlement agreement. This agreement, effective from 2024, aims to carefully regulate police responses to demonstrations, which are referred to as “First Amendment Activity.”

Under the newly established four-tier model, detailed over six pages of a more extensive 42-page settlement document, the NYPD will be required to deploy officers in a measured manner, contingent upon the size and behaviors of demonstrators. The initial response will primarily involve regular patrol officers and members of the NYPD community affairs division. The involvement of specialized units, such as the Strategic Response Group—whose personnel have previously faced criticism for their conduct during protests—will only occur after the initial three levels of response have been engaged.

The agreement specifies that the police are to accommodate protesters, particularly when they obstruct vehicular or pedestrian traffic, unless they are impeding access to critical infrastructure, including hospitals and highways. Additionally, restrictions are placed on the use of pepper spray, flex handcuffs, bicycles, and strikes aimed at the heads of protesters. Tactics such as “kettling,” which involves encircling groups of protesters to restrict movement, will be limited to instances necessitating arrests.

Advocates for civil rights views these provisions as essential safeguards against potential police overreach during public protests. Legal representatives from both the New York Civil Liberties Union and the Legal Aid Society have lauded the settlement, asserting that it introduces vital “guardrails” intended to mitigate police violence.

Despite these changes, the Police Benevolent Association has raised concerns regarding potential risks associated with delayed police responses during protests that could escalate into violence. Union officials have argued that the settlement may place officers, bystanders, and demonstrators at greater risk.

The NYPD has stated that it is currently in compliance with the terms of the settlement agreement, which also includes the establishment of an oversight body to ensure adherence to the guidelines. This Collaborative Review Committee will be tasked with monitoring the department’s compliance and will require periodic reporting on the NYPD’s handling of demonstrations.

This settlement marks a crucial development following legal complaints filed concerning police conduct during the widespread protests following George Floyd’s death in 2020, underscoring the ongoing conversation around police accountability and public protest rights in New York City.