We keep hearing that "someone says someone was arrested, for following section 3a" but I've yet to have any confirmation, in the form of a person's name, to verify that. Also, I really don't think that SCPD has senior staff that stupid, to authorize such a thing, knowing that it violates a specific NYS Penal Code exemption and will subject them, personally and organizationally, to monetary damage awards under 42 USC §1983.
For those not familiar with that statute, it reads as follows:
42 u.s.c. §1983
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
Gary
