The Enigma of Public Safety: Debates over the Use of Kendra’s Law in New York City Subways
The beginning of New York City mayor Eric Adams’ administration has brought a variety of new rules and regulations, the most controversial being the “Subway Safety Plan.” [1] As of February 2022, New York City law enforcement officials will employ a “zero-tolerance policy” for violations of subway rules, including sleeping on the subway, an infraction that often applies to homeless people. In the status quo, those who violate subway policies are often subject to a New York state law named Kendra’s Law. Passed in 1999 in response to the death of 32-year-old Kendra Webdale who was pushed in front of the subway by a man suspected to be mentally ill, Kendra’s Law requires individuals to undergo involuntary outpatient treatment, potentially some form of medical treatment, but does not require them to be hospitalized. Adam’s plan expands the use of Kendra’s Law, but because Kendra’s Law violates constitutional principles of due process, it should instead be replaced with Daniel’s Law which better protects patients’ rights to be self-determined in the course of their medical treatment for mental health challenges.
The 14th Amendment of the U.S. Constitution guarantees that no person shall be “deprived of life, liberty, or property without due process of law,” but Kendra’s Law enables the government to abuse individuals’ rights to their own lives and liberty by taking away patient autonomy over medical decisions. [2] The idea that a patient exercises unconditional fundamental control over his or her body, even when it conflicts with the recommendations of a medical professional, is legally and constitutionally validated. For example, more than half of U.S. states recognize terminally ill patient’s rights to refuse treatment against the wishes of their doctor and thereby determine the nature of their own death. [3]. Indeed, the New York Court of Appeals found in Rivers v. Katz (1986) that mental patients cannot be forced to take medication unless they pose clear and imminent danger or have been found by a court of law to be incompetent at making decisions for themselves, standards that Kendra’s Law does not directly mandate in order for its provisions to go into effect. [4] The resulting implication is not only that Kendra’s Law violates constitutional rights, but that the needs of vulnerable people in determining their treatment are neglected, impeding those experiencing mental health crises from accessing the form of care best for them.
Kendra’s Law also poses significant risk of violating the Equal Protection Clause of the 14th Amendment. This clause guarantees that states shall not “deny to any person within its jurisdiction the equal protection of the laws.” [5] However, as New York Lawyers for the Public Interest finds, court orders under Kendra’s Law are issued to Black people at five times the rate of white people and issued to Hispanic people at two-and-one-half times the rate of white people, even when controlling for other factors such as rates of mental illness among races and population distribution in the state. [6] The unequal enforcement of the law along racial lines in particular qualifies as a violation of the 14th Amendment, as determined by the Department of Justice in cases such as the Ferguson Police Department’s abuse of Black residents, including Michael Brown. [7] Therefore, rather than protecting cities and their residents, Kendra’s Law’s enforcement is racialized and violates critical constitutional rights.
Although the constitutional legitimacy of Kendra’s Law may seem bleak, alternatives such as Daniel’s Law, a bill currently proposed in the New York State Senate, better uphold constitutional rights while also striving for patient and public health. [8] For example, Daniel’s Law requires consensual treatment as opposed to the involuntary treatment of Kendra’s Law, ensuring that it respects each patient's pre-established constitutional right to control his or her own body. Even beyond legal questions, for the sake of the Subway Safety Plan, Daniel’s Law emphasizes the use of mental health professionals as opposed to police for enforcement, a system that advocates claim will be enormously more effective in ensuring that those needing treatment get better. [9]
Though no one law will remedy the complex factors that contribute to the development of mental illness and homelessness, the pursuit of public health policies centered around an individual’s rights and needs rather than strict enforcement and uniform involuntary treatment will ultimately lead to a safer and healthier New York City.
Anna Reis is a first-year at Columbia majoring in Computer Science and Hispanic Studies. She is interested in technology, ethics, and human rights law and hopes to work in tech law after graduation.
Edited by Genevieve Cabadas
Sources:
Newman, A., Rubinstein, D., & Gold, M. (2022, February 18). New York City Plans to Stop Homeless People From Sheltering in Subway. The New York Times. https://www.nytimes.com/2022/02/18/nyregion/homeless-people-subway-trains-mta.html
14th Amendment of the US Constitution. (1868). National Constitution Center – The 14th Amendment of the U.S. Constitution. https://constitutioncenter.org/interactive-constitution/amendment/amendment-xiv
Shaver, E. (1989). Do not resuscitate: The failure to protect the incompetent patient’ s right of self-determination. Cornell Law Review, 75(1). https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=3443&context=clr
Ibid.
14th Amendment of the US Constitution. (1868). National Constitution Center – The 14th Amendment of the U.S. Constitution. https://constitutioncenter.org/interactive-constitution/amendment/amendment-xiv
Implementation of “Kendra’s Law” is severely biased. (2005, April 7). New York Lawyers for the Public Interest. https://www.nylpi.org/resource/implementation-of-kendras-law-is-severely-biased/
“Justice Department Announces Findings of Two Civil Rights Investigations in Ferguson, Missouri.” 2015. Justice.Gov. March 4, 2015. https://www.justice.gov/opa/pr/justice-department-announces-findings-two-civil-rights-investigations-ferguson-missouri.
Cleveland, Will. 2021. “Daniel’s Law: Advocates in Rochester Push for Mental Health Response Teams in New York.” Democrat & Chronicle, May 22, 2021. https://www.democratandchronicle.com/story/news/2021/05/22/daniels-law-rochester-ny-free-the-people-roc-mental-health-crisis-teams-harry-bronson-samra-brouk/5223158001/.
The dangers of Kendra’s Law. (2022, January 6). New York Civil Liberties Union. https://www.nyclu.org/en/publications/dangers-kendras-law