Civil liberties lawyers slammed the NYPD on Thursday for claiming legal reasons barred department officials from testifying at a City Council hearing about their handling of George Floyd protests in 2020, maligning the excuse as completely bogus.
The New York Civil Liberties Union’s criticism of the police department came a day after NYPD officials failed to show up for a hearing focused on the NYPD’s Strategic Response Group, a unit that has faced attacks for the aggressive tactics it used in civil rights protests over Floyd’s death at the hands of Minneapolis police.
In written testimony submitted to the Council, NYPD Director of Legislative Affairs Michael Clarke stated that because of federal litigation over the SRG’s role in the Floyd protests, the NYPD was “not able to answer any questions at this time.”
Clarke went on to write that “all parties” involved in the litigation “signed a confidentiality agreement” regarding legal negotiations. In a separate statement, the NYPD later added that “the court has issued a gag order directing confidentiality in the matter.”
One of the parties involved in the legal negotiations is the New York Civil Liberties Union.
And Molly Biklen, the NYCLU’s deputy legal director, said Thursday that no such “gag order” exists and the NYPD’s statement was simply a “smokescreen” to get out of having to answer for police conduct that has come under attack.
“There is no gag order in place. The NYPD is using settlement negotiations as a smokescreen for answering questions from their oversight body about widespread abuse,” she said. “New Yorkers are still waiting for the SRG to answer for their conduct.”
Earlier Thursday, the NYCLU reached out to the Adams administration for clarity on the NYPD’s statement.
“We write regarding the reports in the media about a written statement from the NYPD that ‘the court has issued a gag order’ that made it impossible for any NYPD witnesses to appear before the City Council for an SRG oversight hearing,” the message states.
“We are not aware of any ‘gag order’ in these consolidated cases. Please send us a copy of the gag order or let us know the docket entry referred to by noon today.”
As of Thursday afternoon, a spokeswoman for NYCLU said the Adams administration had not responded to the missive.
Adams’ press office referred questions to the NYPD. A spokesperson for the police department said “the court appointed a court mediator to oversee settlement negotiations.”
“The court’s rules require all parties to such mediations to sign confidentiality agreements,” the spokesperson added.