New York courts have struck down most general loitering offenses on constitutional grounds, leaving Suffolk County to rely on narrowly drawn state statutes; the county's Article XII Anti-Discrimination Local Law also bars discriminatory enforcement targeting protected groups.
New York Penal Law Section 240.35 was largely invalidated by the courts as overbroad, leaving narrow remaining loitering categories such as loitering for prostitution, drug activity, or in school zones, several of which have also faced subsequent legal challenges. Suffolk County's Article XII of the Suffolk County Code bars discrimination on race, national origin, immigration status, sexual orientation, and other protected classes in public services and accommodations, providing a backstop against discriminatory loitering enforcement. The County Human Rights Commission accepts complaints and may investigate enforcement patterns.
Police enforcement of invalidated loitering provisions or discriminatory targeting of protected groups can lead to civil rights claims, suppression of evidence, and Human Rights Commission complaints.
See how Huntington's loitering rules rules stack up against other locations.
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