New York Lawmakers Move To Ban Police Use of Chemical Irritants On Minors

Niya Shabazz, one of the organizers of Community Justice Initiative, speaks Monday, Feb. 1, 2021, during a protest about her outrage and how a child was treated by the police the previous Friday, in Rochester, N.Y. The city of Rochester has suspended police officers seen in body-camera videos spraying a chemical “irritant” in the face of the distraught and handcuffed 9-year-old girl, as police were responding to a report of “family trouble.” (Tina MacIntyre-Yee/Democrat & Chronicle via AP) Photo Source: Niya Shabazz, one of the organizers of Community Justice Initiative, during a protest about the police's actions pepper spraying a 9 year-old during a "family trouble" call in Rochester, N.Y. (Tina MacIntyre-Yee/Democrat & Chronicle via AP)

Lawmakers in New York are working on passing legislation that would ban police from using chemical irritants such as pepper spray on minors. The push for this legislation comes after an incident in which a Rochester police officer pepper-sprayed a nine-year-old girl.

The incident which took place on January 29th involved Rochester police who were dispatched to a call at a personal residence. The call has been described as a report of “family trouble.” In all, nine officers and a police supervisor responded to the call.

In footage that was captured on a police body camera, the officers can be seen pulling up to a young girl who is on a snowy street outside her home. In the footage, the girl is in obvious distress. While the police talk to the young girl, a woman later identified as the girl's mother appears and the two engage in an argument.

The video then shows the police officers trying to detain the girl as they struggle to put handcuffs on her. The young girl resists, and two officers wrestle her to the snowy ground where they eventually are able to handcuff her. The young girl continues to resist as the officers lead her to the police car and try to get her to sit in the backseat. Throughout the struggle to detain her, the young girl can be heard repeatedly shouting for her dad. Officers are seen trying to calm her down, and one officer can be heard telling the young girl, “you are acting like a child,” to which the nine-year-old responds, “I am a child.”

A female officer is then seen trying to convince the young girl to get into the backseat of the police cruiser. The officer says, “This is your last chance otherwise pepper-spray is going in your eyeballs.” After several moments, another officer then proceeds to pepper spray the young girl.

The public outcry resonated throughout the nation as the police body camera footage circulated online. Shortly after the altercation, just under 200 people peacefully protested through Rochester streets opposing the handling of the situation by police officers. In a statement released on Twitter, Rochester Mayor Lovely Warren expressed, “What happened Friday was simply horrible, and has rightly outraged all of our community."

The New York City ACLU has weighed in on the incident, sharing through a statement, “No child should ever experience assault or abuse at the hands of law enforcement. There is no conceivable justification for the Rochester police to subject a 9-year-old to pepper spray, period.”

After the national outcry, New York state senator Samra Brouk proposed that legislation be passed that would prevent police officers from using chemical agents on minors.

The legislation was proposed on February 1st, and if passed it would “prohibit the use of any chemical agent, including, but not limited to, oleoresin capsicum, pepper spray, and tear gas against any minor in any circumstance.”

This legislation is one of several steps the city has taken to reassess the police department and how they can be most effective when responding to calls. One week before the incident took place, the mayor had announced the introduction of a Person in Crisis Team (PIC Team). This new rollout would ensure that individuals who were struggling mentally and emotionally would be supported by a non-law enforcement response. The mayor explained of the program, “By mobilizing highly trained professionals, including crisis counselors and social workers, we can ensure that those in crisis receive treatment rather than punishment.” Mayor Warren adds, “This is a major change, not only in the way we handle non-violent law enforcement situations but also in the way that we serve and protect some of our most vulnerable residents.”

Nadia El-Yaouti
Nadia El-Yaouti
Nadia El-Yaouti is a postgraduate from James Madison University, where she studied English and Education. Residing in Central Virginia with her husband and two young daughters, she balances her workaholic tendencies with a passion for travel, exploring the world with her family.
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