As you know, over our objections, our elected officials both here in the City and in Albany, bowing to political pressure, have passed numerous law enforcement-related bills which have now made our job even more dangerous and challenging. Included in these laws is the reckless and dangerous Diaphragm Compression Law.
Although we were initially successful in having this law ruled unconstitutional, the City Council appealed that ruling and the Appellate Division has reinstated the law. The law reads as follows:
Be it enacted by the Council as follows:
Section 1. The administrative code of the city of New York is amended by adding a new section 10-181 to read as follows:
- 10-181 Unlawful methods of restraint. a. Unlawful methods of restraint. No person shall 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.
- b. Penalties. Any person who violates subdivision a of this section shall be guilty of a misdemeanor punishable by imprisonment of not more than one year or a fine of not more than $2,500, or both.
- c. Any penalties resulting from a violation of subdivision a of this section shall not limit or preclude any cause of action available to any person or entity injured or aggrieved by such violation.
The DEA will always be here to support and protect our members’ rights and will be asking the New York State Court of Appeals to overturn the law. Until that appeal is heard, however, the law is still in effect. Please protect yourselves and each other. Proceed with extreme caution when dealing with a non-compliant individual.
Paul DiGiacomo and the DEA Board of Officers
