You see all kinds of things on the subways, but if one New York City lawmaker has his way, repeat sex offenders won’t be among them.
City Councilman Chaim Deutsch’s proposed ban is designed to prevent certain sex offenders from taking public transportation, CBS2’s Jessica Moore reported Wednesday. Full Article
UPDATE 4/2: NEW YORK LAWMAKERS WANT TO BAN SEX OFFENDERS FROM THE SUBWAY. THAT WON’T SOLVE ANYTHING. (Commentary)
CBS2 allows anyone to vote on the question “Do you support banning repeat sex offenders from the subway?” I voted NO. Their results is contrary to what the TV station is reporting, which is about 2/3 against the ban.
Will they ban known pick pockets? How about drunks and junkies that harass people daily? How about drug dealers? Those are all people who have rates of recividism astromomically higher than registered citizens. This is just another feel good policy that makes power hungry do nothing politicians seem like they are making the world safe when in fact it makes it more dangerous. The empirical evidence provides data that is the complete opposite of what these people are legislating for. It’s incredibly disheartening that the folks we put in office prefer to legislate based on fear and not facts.
This is absolutely insanely out of control. Also, researching a little here. Where in any constitution does it give congress the power to register an individual for a criminal offense? Where in any state constitution does it give a legislative branch the authority to register an individual because of a criminal conviction? Probation and parole are self proclaimed by the legislatures as different as they are part of the punishment.
The federal government is way out of its authority for a fact (National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012)), but I do not believe the states have the power under their respective constitutions either.
“Each of those mandates—to report for jury duty, to register for the draft, to purchase firearms in anticipation of militia service, to exchange gold currency for paper currency, and to file a tax return—are based on constitutional provisions other than the Commerce Clause. See Art. I, § 8, cl. 9 (to “constitute Tribunals inferior to the supreme Court”); id., cl. 12 (to “raise and support Armies”); id., cl. 16 (to “provide for organizing, arming, and disciplining, the Militia”); id., cl. 5 (to “coin Money”); id., cl. 1 (to “lay and collect Taxes”).”
Digest this part,
“If the power to “regulate” something included the power to create it, many of the provisions in the Constitution would be superfluous.”
Like I stated, maybe I am grasping, but this sure as hell seems incredibly relevant. Does anyone else see anything here.
“not [regulate] classes of individuals, apart from any activity in which they are engaged”
This undoubtedly, or at least strongly suggest the feds do not have that power, but what about the states? Do they have the constitutional authority to regulate “classes of individuals, apart from any activity in which they are engaged”
At one time in history, the laws a person followed were dependent on that person’s status – male v. female, slave v. master, royal v. peasant, landowner v. serf, etc. It made no difference what city you were from, what country you were from – what mattered was your status in most things you did.
Fast forward to the US – we were established as a country using a new concept. All citizens were to be provided the same rights and obligations regardless of status and only dependent on where you lived. All citizens of one state were to be treated equally in the eyes of the law, landowner and renter alike. It has not been a perfect system, but up till recently at least it was the system.
Now, it’s clear that we’ve reverted to a system where ones status is the key to determining which laws apply, which regulations are in place, and how restrictive the government is permitted to make ones life. We’ve been assigned the status of ‘registered sex offender’ and with that came a whole new set of laws/rules/etc.
My question is this: Under what authority did the US Federal government and the various state governments begin regulating us by status? Now that the cat’s out of the bag, we’re already seeing the creation of other undesirable types of status. I believe we’re witnessing the beginning of a change much larger than we imagine – one that will eventually go far beyond us.
Here’s a chance for NYC registrants to get money from these people via lawsuits. It’s an argument agains them same as Connecticut’s, recently. Lawsuit for defamation, perpetuating myths, banishment…..
Tightly compacted together in standing room only, I committed a subway-specific sex offense: I’m born and bred N.Y.C. and took the subway each weekday to work. It was too tight if you ever dropped your paper while reading it (You had to fold the paper tightly to read it). But then it happened: I dropped the paper ! But it never made it to the ground, and wedged itself between two ladies posteriors. What to do ? So I went for it, and sure enough both ladies felt someone grazing around their rumps ! I tried several quick apologies, and after a while things calmed down. But the offense was a done deal.
“Well, California did this a number of years ago and they have different criteria depending on the number of incidents. So it could be for 90 days. It could be 180 days. It could be a year,” said counsel to the governor Alphonso David.
Pray tell — Can anybody fact check this statement?
What about pick pockets? and trespassers? And people drink in public?
And how will they enforce this, without impinging on the rights of others?
More swiss cheese legislation
This must be one of those victories that will help bring down the registry.
Those that support giving felons a second chance and support post incarceration rehabilitation don’t consider us felons. To them we are scum. As for rehab, we both don’t deserve it and can’t be rehabilitated. Banning us from public services is just a easy way to get around the defeat of residency restrictions.
Sure, you can now live in a specific location, but if you try to commute to your job, doctor, or probation officer, we will arrest you for illegally using public transportation.
This must be one of those victories that will help bring down the registry.
Those that support giving felons a second chance and support post incarceration rehabilitation don’t consider us felons. To them we are scum. As for rehab, we both don’t deserve it and can’t be rehabilitated. Banning us from public services is just a easy way to get around the defeat of residency restrictions.
Sure, you can now live in a specific location, but if you try to commute to your job, doctor, or probation officer, we will arrest you for illegally using public transportation.
Also, how can laws apply to a specific group while at the same time the registry criteria groups us all as one type (for the most part) that to me is hypocrisy. L.E. won’t differentiate, they will shhot first and ask questions later
“According to the NYPD, 2018 brought 866 reported subway sex crimes and 373 subsequent arrests. Cuomo said driving those numbers down will require legislative action.”
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According to the NY Times (https://www.nytimes.com/2018/08/01/nyregion/subway-ridership-nyc-metro.html), 2017 subway ridership was 1.73 Billion (yes, with a B) trips. So 866 reports equals 0.000051% of riders have *reported* a sex crime on the system, and 373 *arrests* equals an arrest rate of 0.000022%. Convictions would obviously be no more than 373 (probably less). That means about 1 arrest for every 4.6 Million rides.
Yeah, this is definitely a problem.
More proof that voting for Democrats isn’t necessarily the answer.
Cuomo is a pathetic PC political puppet. He is a career politician who will say and do anything to manipulate or appease the masses. He will support a sanctuary city for people entering the country illegally, will deny MS 13 gang activities in his state, will push for soft on crime, and wants teachers to eliminate school suspensions, but alas, hard on sex offenders. Just amazing. He sells his sole for a vote.
Wow, so how would people register if they cannot afford a cab or uber, and live far from the registration office (likely city PD)?
Repeat! I just read the article. Repeat offenders who committed their crime on a subway? How would they even identify the repeat offender? I personally agree. If you commit 2 sex offenses on the subway, your banned! No brainer
I wonder how this Subway ban could infringe on one person’s right to travel, considering travel has no minimum distance required. You could take the subway two stops and you will have traveled by your right for example.
The subway is a public transportation system which is paid for by your tax dollars, much like parks are paid for out of your tax dollars. Can you make the direct comparison between a park and a Subway since both are paid for by tax dollars but you can be banned from a park? You don’t travel in a park where as you travel by Subway and have a right to travel. Are there alternate ways of public transportation? Yes, a bus system, but sometimes that ties into the subway specifically and does not overlap the same routes.
Thoughts on this thinking?
Another Democrat Chaim Deutsch like Anthony Wiener whoring himself for publicity and the pathetic vote.
I’ve lived in NYC for 35years, never seen anything sexual but sure have seen plenty of thieves, muggers, pan-handlers causing serious danger, fare jumpers and pick-pockets.
Cuomo will back anything to do with ‘sex’. He never called out Dean Skelos (Republican) who changed the registry laws on behalf of Laura Ahearne. Preet Bahara locked up Dean Skelos. Cuomo never denounced Anthony Wiener (Democrat). The subways are disgusting. Deutsch should concentrate on other things but he doesn’t have the intellect for that. Feel free to leave a message for him. 1-800- Phoney
Like the PD up there stated, unless you are on paper you have ALL rights as anyone else. Bottom line…….. Anyone that states one free person should not be allowed because of this or that while another free person can is feeding the beast of the big nanny gov. Either our system of rehabilitation works and we are rehabilitated, or we are insane because we keep using it any way.
There is no way this passes without higher courts getting involved. They are wasting time with this bill.
When I seen this news.I thought it was subway shops.where Jared Fogle was spokesman for the sub shop lol. I was worried that I could not get my turkey sub anymore lol. Then it hit me like a subway train. This is about a subway train. Not a subway meal.Thank god
This is from our friend, Judith Levine in the New York Daily News:
“Let sex offenders ride the trains: Our society is already too cruel in its ostracism”
https://www.nydailynews.com/opinion/ny-oped-let-sex-offenders-ride-the-trains-20190323-dcopedi6rjdp7cwdraulhfx6ri-story.html
all this b/s registry this…banning that all sounds like Nazi Germany………next thing is gov will tell us what to think,eat,go to sleep and how we live our lives errrrrrr well they do that anyway
Why was there a public defender even on here? Hopefully she was on here to learn how to fight this crap.
The civil rights orgs and the entire judicial system is a joke now. Money your good, no money you’re burnt. No wonder we have people going postal on everyone now. When the gov creates chaos and people live in chaos shit happens. Without equal protection and a constitution that means something we live in chaos. hence more chaos from the people. My damn son makes $2300 a month and his F%$#$%# rent is $1450, electricity another $200, food because he makes to much to get foodstamps for him his GF and his two kids cost at least another $3-400, man I am just so fed up with everything man….
Great points! Although, read the article. It’s states an individual will be banned from the Subway if they commit 2 separate offenses on the subway. I concur! I don’t think they registry shouldn’t exist, but committing 2 separate offenses on the subway makes me believe the person is out of control!