GOVERNOR PATERSON SIGNS LEGISLATION TO OUTLAW DISPLAY OF A NOOSE AS A MEANS OF INTIMIDATION

Calls on Legislature to Close Loopholes to Ensure Comprehensive Protections

Governor David A. Paterson today announced the signing of legislation to allow criminal punishment of threats made through the display of nooses. The bill classifies the display of a noose to harass or threaten a bias victim as a felony punishable by up to four years in prison. At the same time, the Governor called for additional legislation to strengthen the law even further.

“It is sad that in these modern times there remains a need to address the problem of individuals who use nooses as a means of threat and intimidation,” said Governor Paterson. “But it is a reality, and if we ignore it we would be derelict in our duty. The Legislature has given voice to the revulsion that such incidents inspire in all of us.”

In the wake of the highly publicized “Jena 6” incident in 2006, there have been an increased number of incidents around the country in which individuals have used nooses as a means of intimidation. Last October, then-Lieutenant Governor Paterson described such behavior as a “blight,” and called the noose “a symbol of one of the darkest and most evil chapters of American history; a painful reminder of the thousands of lynchings of black men, women and children that took place after the Civil War through many decades of the 20th century.”

Senator Dean Skelos, the prime sponsor of the bill in the Senate, said: “We cannot stand by while our fellow New Yorkers are subjected to threats and intimidation through display of historic symbols of hatred. This legislation sends a message that we will not tolerate the display of a noose, any more than we would that of a swastika or a burning cross, to intimidate others.”

Assemblyman Joseph Lentol, the prime sponsor of the bill in the Assembly, said: “New Yorkers have been shocked by incidents in which nooses were used to terrorize. Thugs who are inclined to engage is such vile conduct will now have to think twice, and if they persist, they are on notice that they will be punished appropriately.”

Even as he signed the bill Governor Paterson noted that the legislation contains flaws that need to be addressed. Indeed, the problems with the law affect not just the provisions governing the placement of nooses, but also similar provisions passed in 2006 prohibiting the use of swastikas as a means of intimidation.

The current crime of Aggravated Harassment in the First Degree applies to conduct committed with intent to harass, annoy, threaten or alarm a victim chosen for reasons of bias. The conduct already covered includes the display of swastikas on real property without the permission of the property owner, and also the burning of crosses. This bill adds the display of a noose on real property, without the permission of the property owner, and makes such conduct a class E felony.

Governor Paterson called upon the Legislature to eliminate the statute’s limitation to victims chosen on the basis of their “race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation,” since such intimidating conduct should be punished regardless of a victim’s background. In addition, he called for elimination of the provision that would allow a property owner to give permission for a swastika or noose to be displayed for an intimidating purpose.

Governor Paterson said: “Those who engage in these types of despicable acts amply demonstrate their complete disregard for human decency, and we should not let them escape punishment by claiming that their motivation was unrelated to the race or religion of their victims, or that the building owner had given them permission to undertake such acts of intimidation. The Legislature should act immediately to close these gaps in our law.”