Socialist NY Lawmaker Says People Should Not Be Arrested for Stealing Basic Necessities

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Asocialist New York state lawmaker is facing criticism after arguing that people who steal necessities such as toothpaste and soap should not be arrested, claiming access to such products as a “biological need.”

Assemblywoman Emily Gallagher, who represents portions of Brooklyn, made the comments Thursday outside Manhattan Criminal Court during an event with other progressive officials and criminal justice activists.

“Most of what we saw were crimes of poverty, people who are stealing things like toothpaste, people who were stealing things like, you know, soap,” Gallagher said. “And that means if you’re stealing those things, you need them.”

Gallagher criticized prosecuting shoplifters for stealing from major retailers, arguing that the criminal justice system was protecting corporations instead of struggling New Yorkers.

“We are choosing to protect billion-dollar companies, like CVS and Walgreens, over the people who are struggling to get by,” she said.

Gallagher later wrote on X that “no one should be arrested, much less jailed, for stealing a tube of toothpaste.”

Her claim that New Yorkers can be jailed simply for stealing inexpensive necessities, however, conflicts with the state’s bail laws. Petit larceny, which generally covers theft of property worth $1,000 or less, is not a bail-eligible offense under New York’s 2019 bail reforms. Judges generally must release defendants while their cases are pending.

Gallagher’s comments came as progressive activists pressured Democratic Mayor Zohran Mamdani to fulfill campaign promises to reduce NYPD enforcement of quality-of-life offenses, including low-level theft, fare evasion, graffiti and public urination.

Former NYPD Chief of Detectives Robert Boyce warned that abandoning enforcement could encourage further disorder, particularly among repeat offenders.

“Really, you have to go make those arrests,” Boyce told ABC7. “Otherwise, you’d have chaos on the street.”

Recent crime statistics suggest enforcement has coincided with improvements. NYPD data through Aug. 9 showed retail theft declining 14.7% and petit larceny falling 5.4% compared with the same period last year, according to the New York Post.

Republican Councilwoman Joann Ariola also blasted Gallagher’s position, warning that businesses already facing high operating costs could suffer further if shoplifting is tolerated.

“This is the kind of backwards, left-wing lunacy I would expect from someone who values the rights of criminals more than those of business owners,” Ariola said.