Stop-and-Frisk is Unconstitutional

On August 12, 2013, a federal trial court judge ruled in Floyd v. New York, that the New York Police Department's (NYPD) stop-and-frisk policy violates the constitutional rights of minorities who are overwhelmingly the targets of the policy. Black and Latino men, similar to queer people, transgender people, and those living with HIV, routinely are treated as inherently suspicious, dangerous, and threatening. The harm caused by the NYPD's heavy reliance on stereotypes and the criminal law in response to perceived national and community security concerns far outweighs the purported public safety benefits of stop-and-frisk.

As many people living with HIV can attest, there is a corrosive, spirit-assaulting consequence of having people with power reflexively react to you with fear and suspicion. Mayor Bloomberg will appeal the Floyd decision. In the meantime, while we cheer the decision's implicit recognition of stop-and-frisk's harm, it's worth remembering that similar misuse of the criminal law continues in many forms, including through condom confiscation and HIV criminalization.