Ban

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UNYAC.2021.4 - Support New York Senate Bill S.4462/Assembly Bill A.4566, also known as "Spit Hoods Ban"

Book of Discipline (¶): 162A; 164H; Book of Resolutions paragraph (¶): 3379; 5031

Conference Committee/Agency that would be affected by/responsible for implementation if passed: Conference Secretary

Financial Implications: None

Brief Rationale: The people of the United Methodist Church support efforts to humanize the criminal justice system, which will be accomplished, in part, by the passage of S.4462/A.5031, which will ban the use of “spit hoods” by law enforcement.

Whereas the biblical view of the criminal justice system is one that should be characterized by accessibility to all (Deuteronomy 1:17; 16:18), impartiality (Exodus 22:1-3), honesty (Exodus 23:7), integrity (Exodus 23:6, 8), and fairness to all without regard to status (Leviticus 19:15); and

Whereas ¶162A of the 2016 Book of Discipline of the United Methodist Church names racism and the ways it manifests in both personal and institutional forms as sin and affirms the support of the United Methodist Church in efforts to “implement compensatory programs that redress long-standing, systemic social deprivation of racial and ethnic persons.”; and

Whereas ¶164H of the 2016 Book of Discipline of the United Methodist Church names the need for “positive interaction between law enforcement officials and members of the community at large,” and identifies that “most criminal justice systems around the world are retributive.”; and

Whereas Resolution 5031 of the 2016 Book of Resolutions of the United Methodist Church identifies that “Systems of retribution breed only violence and isolation,” leading to “misinformed and biased public perceptions of racial and ethnic minorities,” that “justify excessively punitive policies.”; and

Whereas Resolution 5031 of the 2016 Book of Resolutions of the United Methodist Church urges police departments to “publicly establish standards of police conduct and policies for promotion that incorporate training in peacekeeping, life-protecting, other service roles, and law enforcement,” and that these “standards must include strict limits on the deadly use of force.”; and

Whereas Resolution 3379 of the 2016 Book of Resolutions of the United Methodist Church states, “Overpolicing erodes community trust in law enforcement and sends a clear message to police that not all Americans are equal under law, as people in targeted communities do not have the same communities do not have the same constitutional protections other Americans enjoy.”; and

Whereas Resolution 3379 of the 2016 Book of Resolutions of the United Methodist Church calls on Annual Conferences to “Engage with churches and local communities in speaking out publicly for police accountability regarding racial profiling, misconduct, abuse, and killings.”; and

Whereas Resolution 3379 of the 2016 Book of Resolutions of the United Methodist Church calls on local governments to “stop the criminalization of communities of color and the cacophony of ‘wars’ being waged against these communities” and to “make the enforcement and protection of international human rights law central to criminal justice and immigration policy.”; and

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46 47 48 Whereas the 2016 Session of the Northeastern Jurisdictional Conference unanimously affirmed a call to eradicate systemic racism in the Church and in the world; and

Whereas police brutality, especially perpetrated against Black communities and communities of color and including the extrajudicial killing of Black and Brown individuals by law enforcement officials, is a symptom of systemic racism that upholds white supremacy; and

Whereas on March 23, 2020, seven officers of the Rochester Police Department restrained Daniel Prude, an unarmed Black man experiencing a mental health crisis, using a mesh hood, commonly called a “spit hood” in the process; and

Whereas this interaction with law enforcement resulted in Daniel Prude being hospitalized; and

Whereas on March 30, 2020, Daniel Prude succumbed to his injuries after being taken off of life support; and

Whereas the Monroe County medical examiner ruled Daniel Prudes death to be a homicide caused by complications of asphyxia in the setting of physical restraint; and

Whereas on February 23, 2021, New York State Attorney General Letitia James announced that the empaneled grand jury declined to indict the seven Rochester Police Officers involved in the case on criminal charges; and

Whereas the use of a spit hood was instrumental in the murder of Daniel Prude; and

Whereas spit hoods and devices like them can cause disorientation and psychological and physical trauma, and in some cases have led to unintended injury and death; and

Whereas the use of a spit hood was instrumental in the murder of Daniel Prude; and

Whereas Bill S.4462/A.4566 will prohibit the use of spit hoods, spit masks, spit coverings, spit caps, and/or any device that completely covers the face of individuals who law enforcement officers are attempting to restrain and control in the state of New York; and

Whereas S.4462/A.4566 balances the safety concerns of law enforcement with the safety of those who need to be subdued; and

Whereas police reform is a non-partisan issue; and

Whereas the 2021 legislative session for New York State legislature ended on June 10, 2021, prior to the convening of the 2021 Session of the Upper New York Annual Conference; and

Whereas Appendix B of this resolution is a memorandum of support that faithfully articulates the position of the Upper New York Annual Conference should S.4462/A.4566 be passed prior to the convening of the 2021 Session of the Upper New York Annual Conference; and

Whereas Appendix C of this resolution is a memorandum of support that faithfully articulates the position of the Upper New York Annual Conference should S.4462/A.4566 fail to pass or is not voted on during the 2021 session of the New York State legislature.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Therefore, be it resolved that the Upper New York Annual Conference of the United Methodist Church, representing over 144,000 members in 956 faith communities across 49 counties in the state of New York, heartily and emphatically supports, as a matter of faith and conscious, New York Senate Bill S.4462 and Assembly Bill A.4566; and

Therefore, be it further resolved that the Upper New York Annual Conference calls on faithful United Methodists in the State of New York to relentlessly petition their State Senators and Assembly Members in support of the passage of anti-racist legislation that will eradicate police brutality, akin to S.4462/A.4566; and

Therefore, be it further resolved that the Upper New York Annual Conference directs the Annual Conference Secretary to mail one of the attached memoranda of support for S.4462/A.4566, depending on the status of S.4002/A.5449 at the convening of the 2021 session of the Upper New York Annual Conference and affixed with the seal of the Upper New York Annual Conference, to the Speaker of the New York State Assembly, Majority Leader of the Assembly, Majority Whip of the Assembly, Minority Leader of the Assembly, Minority Whip of the Assembly, President Pro Tempore of the New York State Senate, Majority Whip of the State Senate, Minority Leader of the State Senate, Minority Whip of the State Senate, and the Governor of New York State (contact information attached) no later than fifteen (15) days after the adjourning of the 2021 session of the Upper New York Annual Conference.

Date of Submission: March 15, 2021

Submitted by: Ian Carlos Urriola 140 Surrey Club Ln Stephens City, VA 22655 (585) 705-9334 i.urriola@yahoo.com Asbury First - Rochester

Appendix A: Contact information for New York State legislative leaders and Governor

The Honorable Carl E. Heastie Speaker of the New York State Assembly Legislative Office Building Room 932 Albany, NY 12248

The Honorable Crystal D. Peoples-Stokes Majority Leader of the NYS Assembly Legislative Office Building Room 926 Albany, NY 12248 44 45 46 47 48 49 50 51 52 53 54 The Honorable William Colton Majority Whip of the NYS Assembly Legislative Office Building Room 733 Albany, NY 12248

The Honorable William A. Barclay Minority Leader of the NYS Assembly Legislative Office Building Room 933 Albany, NY 12248

55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 The Honorable Michael Montesano Minority Whip of the NYS Legislative Office Building, Room 437 Albany, NY 12248

The Honorable Andrea Stewart-Cousin President Pro Tempore of the NYS Senate 188 State Street Legislative Office Building, Room 907 Albany, NY 12247

The Honorable Kevin S. Parker Majority Whip of the New York State Senate 172 State Street Room 504, Capitol Building Room 504C Albany, NY 12247

The Honorable Robert G. Ortt Minority Leader of the NYS Senate Capitol Building, Room 315 Albany, NY 12247

The Honorable Patrick M. Gallivan Minority Whip of the New York State Senate Legislative Office Building, Room 311 Albany, NY 12247

The Honorable Andrew M. Cuomo Governor of New York State NYS Capitol Building Albany, NY 12224

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Appendix B: Memorandum of Support for S.4462/A.4566 to send to state lawmakers in the event of S.4462/A.4566 being passed prior to the convening of the 2021 session of the Upper New York Annual Conference

Memorandum of Support - S.4462 / A.4566

The Upper New York Annual Conference (UNYAC) of the United Methodist Church (UMC) is made up of over 144,000 members in 956 faith communities across 49 counties in the state of New York. Our mission is to “live the Gospel of Jesus Christ and to be God’s love with our neighbors in all places.” Racism in any form is an impediment to that mission, and Therefore, we cannot remain silent.

We heartily and emphatically support, as a matter of faith and conscious, S.4462/A.4566, which prohibits the use of spit hoods, spit masks, spit coverings, spit caps, and/or any device that completely covers the face of individuals who law enforcement officers are attempting to restrain and control in the state of New York, and we are immensely grateful to the leadership of the New York State Senate and Assembly for prioritizing its passage during the 2021 legislative session.

As a people of faith, we were outraged by news of the murder of Daniel Prude at the hands of the Rochester Police Department last year.17 Mr. Prude, an unarmed Black man, was experiencing a mental health crisis. Officers of the Rochester Police Department responded to the call, and, in their attempts to restrain him, used a mesh face covering commonly known as a spit hood. Mr. Prude was hospitalized as a result of this encounter and died seven days later. The Monroe County medical examiner ruled his death to be a homicide caused by complications of asphyxia in the setting of physical restraint. In spite of this, in February of this year, an empaneled grand jury declined to indict the seven Rochester Police Department officers on criminal charges for the murder of Daniel Prude.18 This is yet another example in a long litany of Black individuals being brutalized and murdered and Black communities across our country being terrorized by law enforcement officers who were sworn to protect and serve.

Police brutality, especially perpetrated against Black communities and communities of color and including the extrajudicial killing of Black and Brown individuals by law enforcement officials, is a symptom of systemic racism that upholds white supremacy. The United Methodist Church names racism and the ways it manifests in both personal and institutional forms as sin.19 As United Methodists, we know that there is a deep need for positive interaction between law enforcement officials and members of the community at large.20 Over-policing erodes community trust in law enforcement and sends a clear message to police that not all Americans are equal under law, as people in targeted communities do not have the same constitutional protections other Americans enjoy, and so our denomination calls on local governments to stop the criminalization of communities of color and the cacophony of “wars” being waged against these communities and to make the enforcement and protection of international human rights law central to criminal justice and immigration policy.21

The laws of the state of New York must reflect the reality that in any police encounter, the right to safety must be ensured for all parties. S.4462/A.4566 balances the safety concerns of law enforcement with the

17 https://www.nytimes.com/2020/09/04/nyregion/rochester-daniel-prude.html 18 https://www.whec.com/rochester-new-york-news/ny-attorney-general-to-reveal-daniel-prude-death-grandjury-decision/6021044/ 19 ¶162A of the 2016 Book of Discipline of the United Methodist Church, https://www.umc.org/en/content/socialprinciples-the-social-community 20 ¶164H of the 2016 Book of Discipline of the United Methodist Church https://www.umc.org/en/content/socialprinciples-the-political-community 21 ¶3379 of the 2016 Book of Resolutions of the United Methodist Church https://www.umcjustice.org/who-weare/social-principles-and-resolutions/stop-criminalizing-communities-of-color-in-the-united-states-3379

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 safety of those who need to be subdued. The use of spit hoods and devices like them by law enforcement spit hoods and devices like them don’t ensure the safety of the party being detained. These devices can cause disorientation and psychological and physical trauma, and in some cases, as in the case of Daniel Prude, have led to unintended injury and death. Spit hoods are a relic of a retributive criminal justice system that breeds only violence and isolation.22 Therefore, we are exceedingly grateful to the New York Legislature and the Governor for the passage of S.4462/A.4566, which bans the use of spit hoods and devices like them by law enforcement officers.

[seal of the Upper New York Annual Conference goes here]

Appendix B: Memorandum of Support for S.4462/A.4566 to send to state lawmakers in the event S.4462/A.4566 is not passed prior to the convening of the 2021 session of the Upper New York Annual Conference

Memorandum of Support - S.4462 / A.4566

The Upper New York Annual Conference (UNYAC) of the United Methodist Church (UMC) is made up of over 144,000 members in 956 faith communities across 49 counties in the state of New York. Our mission is to “live the Gospel of Jesus Christ and to be God’s love with our neighbors in all places.” Racism in any form is an impediment to that mission, and Therefore, we cannot remain silent.

We heartily and emphatically support, as a matter of faith and conscious, S.4462/A.4566, which would prohibit the use of spit hoods, spit masks, spit coverings, spit caps, and/or any device that completely covers the face of individuals who law enforcement officers are attempting to restrain and control in the state of New York. We are disappointed in the leadership of the New York State Senate and Assembly for failing to make passage of S.4462/A.4566 priority during the most recent legislative session of the New York State legislature, and we call on them to make the passage of this bill a top legislative priority at the start of the next legislative session.

As a people of faith, we were outraged by news of the murder of Daniel Prude at the hands of the Rochester Police Department last year.23 Mr. Prude, an unarmed Black man, was experiencing a mental health crisis. Officers of the Rochester Police Department responded to the call, and, in their attempts to restrain him, used a mesh face covering commonly known as a spit hood. Mr. Prude was hospitalized as a result of this encounter and died seven days later. The Monroe County medical examiner ruled his death to be a homicide caused by complications of asphyxia in the setting of physical restraint. In spite of this, in February of this year, an empaneled grand jury declined to indict the seven Rochester Police Department officers on criminal charges for the murder of Daniel Prude.24 This is yet another example in a long litany of individuals being brutalized and murdered and Black communities across our country being terrorized by law enforcement officers who were sworn to protect and serve.

Police brutality, especially perpetrated against Black communities and communities of color and including the extrajudicial killing of Black and Brown individuals by law enforcement officials, is a symptom of systemic racism that upholds white supremacy. The United Methodist Church names racism and the ways it manifests in both personal and institutional forms as sin.25 As United Methodists, we know that there is

22 ¶5031 of the 2016 Book of Resolutions of the United Methodist Church https://www.umcjustice.org/who-weare/social-principles-and-resolutions/humanizing-criminal-justice-5031 23 https://www.nytimes.com/2020/09/04/nyregion/rochester-daniel-prude.html 24 https://www.whec.com/rochester-new-york-news/ny-attorney-general-to-reveal-daniel-prude-death-grandjury-decision/6021044/ 25 ¶162A of the 2016 Book of Discipline of the United Methodist Church, https://www.umc.org/en/content/socialprinciples-the-social-community

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 a deep need for positive interaction between law enforcement officials and members of the community at large.26 Over-policing erodes community trust in law enforcement and sends a clear message to police that not all Americans are equal under law, as people in targeted communities do not have the same constitutional protections other Americans enjoy, and so our denomination calls on local governments to stop the criminalization of communities of color and the cacophony of “wars” being waged against these communities and to make the enforcement and protection of international human rights law central to criminal justice and immigration policy.27

The laws of the state of New York must reflect the reality that in any police encounter, the right to safety must be ensured for all parties. S.4462/A.4566 balances the safety concerns of law enforcement with the safety of those who need to be subdued. The use of spit hoods and devices like them by law enforcement spit hoods and devices like them don’t ensure the safety of the party being detained. These devices can cause disorientation and psychological and physical trauma, and in some cases, as in the case of Daniel Prude, have led to unintended injury and death. Spit hoods are a relic of a retributive criminal justice system that breeds only violence and isolation.28 Therefore, we respectfully urge the New York Legislature to pass and the Governor to sign S.4462/A.4566, which would ban the use of spit hoods and devices like them by law enforcement officers, at the start of the next legislative session.

[seal of the Upper New York Annual Conference goes here]

26 ¶164H of the 2016 Book of Discipline of the United Methodist Church https://www.umc.org/en/content/socialprinciples-the-political-community 27 ¶3379 of the 2016 Book of Resolutions of the United Methodist Church https://www.umcjustice.org/who-weare/social-principles-and-resolutions/stop-criminalizing-communities-of-color-in-the-united-states-3379 28 ¶5031 of the 2016 Book of Resolutions of the United Methodist Church https://www.umcjustice.org/who-weare/social-principles-and-resolutions/humanizing-criminal-justice-5031