President’s Message – August 2020

Jack Freck

August 4, 2020

A Message from the President

On August 4, 2020, the DIA, along with over a dozen other New York City law enforcement Unions, took an important first step in our collective battle to repeal the New York City Council’s ill-conceived diaphragm compression law.

New York City’s law enforcement Unions joined forces to file a NYS Supreme Court (NY County) lawsuit challenging the law on two separate bases: (1) preemption by State law and (2) constitutional vagueness/ambiguity. We are also collectively seeking an injunction against the enforcement of this reckless and dangerous law.

The unfair and unconstitutional law mobilized law enforcement Unions from all corners of NYC, including the NYPD, Port Authority, Bridge and Tunnel Authority, Court Officers and the MTA. We believe in the bedrock union principle that there is strength in our solidarity. The upcoming days, and possibly weeks, will be spent filing briefs, affidavits, evidence, and eventually arguing against the law on behalf of all law enforcement officers.

While we fight this battle, it is important to remember that the diaphragm compression law remains on the books. All DIA members must continue to exercise discretion in enforcement decisions and when dealing with individuals who are resisting or refusing arrest.

The DIA will keep you informed of all major developments in this litigation.