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​ THE NEW YORK CITY ADMINSTRATIVE CODE PROVISION CRIMINALIZING THE USE OF CERTAIN RESTRAINTS WHICH RESTRICT AIR AND BLOOD FLOW IS VALID (CT APP). ​

The Court of Appeals, affirming the Appellate Division, in a full-fledged opinion by Judge Garcia, determined the New York City Administrative Code provision which criminalizes the use of restraints which restrict air or blood flow is valid:

We are asked to determine whether section 10-181 of the Administrative Code of the City of New York, which makes criminal the use of certain restraints by police officers during an arrest, violates the New York Constitution on either preemption or due process grounds. Because section 10-181 does not conflict with state law or regulate in a field in which the state has expressly or impliedly precluded local legislation, it is a permissible exercise of local lawmaking authority. The language of the section also provides fair notice of the conduct prohibited and is sufficiently definite to avoid arbitrary or discriminatory enforcement and is therefore not void for vagueness.

In July 2020, New York City Administrative Code § 10-181 became law, making it a misdemeanor offense for any “person” to “restrain an individual in a manner that restricts the flow of air or blood by compressing the windpipe or the carotid arteries on each side of the neck, or sitting, kneeling, or standing on the chest or back in a manner that compresses the diaphragm, in the course of effecting or attempting to effect an arrest” (Administrative Code of City of NY § 10-181 [a], [b]).

… [T]he enactment of section 10-181 was spurred, in large part, by the widely publicized deaths of Eric Garner and George Floyd following the use of force by police officers during their arrests … . Police Benevolent Assn. of the City of New York, Inc. v City of New York, 2023 NY Slip Op 05960, CtApp 11-21-23

Practice Point: A NYC Administrative Code provision criminalizing restraints which restrict blood or air flow is valid and enforceable.

 

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