Op-Ed

Recent laws endanger the police and public

Posted

Brian Wells is president of the Long Beach Police Benevolent Association. His photo does not appear here because he is still at work on the streets, and does not want his face to be known to potential perpetrators.

Policing is a community service provided by a paramilitary organization. There are about 800,000 police officers across the U.S., and regardless of color or creed, we are all blue. We are charged with enforcing laws that we had no hand in creating. We are thrust into emotionally charged and volatile situations, with little preparation, and are expected to handle these encounters perfectly every time.
Our distinct designation in the community, and the exclusive nature of our work, make it imperative that we have certain protections to effectively and safely execute our sworn duties. We take pride in pursuing the high standards that are expected of us, but we cannot be held to the impossible standard of trial by social media. Police officers across the country now question every decision they make, and wonder after every action if it will become the next viral video disseminated in an ongoing effort to destroy us. Because we are operating in this climate of fear, you will notice the negative effects in your neighborhood.
In New York state, the choke hold ban and the repeal of Civil Rights Law 50-a are just two recent measures that have left police officers feeling bewildered and betrayed. We have been stripped of our civil rights and the right to defend ourselves, at frightening speed. The persecution we are facing from federal, state and local officials is not courage. It is cowardice. Elected leaders kneel before the mob instead of standing with us. They cower behind us for protection and prosecute us when we provide it.
We do our best every day, working difficult schedules, provided less training than we deserve, and most often dealing with people who are sad, angry, unbalanced and upset. People are unpredictable, situations are fluid and force is an unfortunate, yet essential, part of our profession. Attempts to mitigate it are understandable, but misguided.

No police officer should ever kneel on a person’s neck for an extended period of time, especially someone in handcuffs, but to criminalize any sort of neck restraint is unreasonable. We face situations with dangerous, combative people who are bigger and stronger than we are. Taking them down by the neck is an effective option and, in some scenarios, the only one. A blanket prohibition of this tactic is naïve and ignorant of the rapid escalation of physical encounters.
The most important point that can be imparted to the public is that in almost every tragic police encounter, there is a common denominator: Catastrophes can be avoided by compliance. If you do not resist arrest, there is virtually no chance that you will be killed by a police officer. And for all the hand-wringing, emotional outcries, calls for reform and greater emphasis on de-escalation, no one seems to be addressing this point, which is the only one that can, with certainty, save lives. Rather than attacking us, our critics should partner with us.
Civil Rights Law 50-a was put in place in 1976 to protect us from character assassination by defense attorneys. Its repeal allows any complaint made against police officers, even if unsubstantiated, to be used against us when we testify. Complaints are an unfortunate part of a job spent telling people what they cannot do. Obligation to take enforcement action does not make for happy customers.
Since the repeal of 50-a, any person who is angry with an officer can file a complaint, which is nothing new. What is new is that that complaint can now be introduced against the officer whenever he or she gives sworn testimony. The ability to testify credibly is an essential part of a police officer’s job. If that testimony is now going to be discredited because of unrelated complaints or incidents, then that testimony will no longer have any effect.
The recent anti-police laws that have been passed are disgraceful, and their detrimental effects will continue to be felt until they are repealed. There is room for improvement in any profession, but the idea that policing, as we know it, must be reinvented is not practical.
No one would like to see force removed from our profession more than the police, but unfortunately, no one will ever be able to do that. The goal cannot be to destroy or defund the police. That will not stop criminal behavior; it will embolden it.
The goal needs to be public education and individual compliance with well-established laws. That is the only path we can take to avert the tragedies that cause so much chaos in our communities. Until our elected officials stop pandering and get off their knees, this message will not be imparted, and our society will continue to collapse into chaos.