New York City passes buffer zones limiting protests at schools and houses of worship

By Katherine Koretski, CNN

New York (CNN) — The New York City Council approved legislation Thursday that would require police to publish plans to establish buffer zones at schools and houses of worship during protests.

The move places Mayor Zohran Mamdani in the middle of another political fight. He declined Friday to say whether he would sign or veto the legislation, citing concerns that the bills could limit New Yorkers’ constitutional rights.

The first bill was spearheaded by New York City Council Speaker Julie Menin and passed 44-5, enough votes to override a potential Mamdani veto.

New York City lawmakers introduced the bill following a November pro-Palestinian protest outside of Park East Synagogue on the Upper East Side of Manhattan. The synagogue was hosting an event for Nefesh B’Nefesh, a nonprofit that works to facilitate and support North American Jews moving to Israel.

Dozens of pro-Palestinian protesters gathered wearing keffiyehs and waving Palestinian flags just steps outside of the synagogue. The group chanted slogans including “Death to the IDF,” or Israel Defense Forces, and “globalize the intifada,” an Arabic term for rebellion and a reference to Palestinian uprisings around the turn of the century, and one that Jewish leaders warn normalizes violence against Jews.

Menin’s initial proposal in January included up to a 100-foot buffer zone from houses of worship. The version that passed would require Police Commissioner Jessica Tisch to establish a plan for control of protests at places of religious worship while still protecting free speech. The plans would include considerations for the New York Police Department to use in determining whether, when, and the extent to which security perimeters may be used, according to the bill. Tisch would be required to submit a proposed plan to Mamdani and Menin shortly after the bill’s effective date.

“The council is proud to take immediate and impactful steps to uphold safety and freedom that should be guaranteed to everyone. That’s what it takes to protect New Yorkers, and that’s what our legislation delivers,” Menin said during a press conference Thursday.

“This is a deeply personal issue for me. I am the daughter of a Holocaust survivor. I’m the daughter and granddaughter of Holocaust survivors. My grandfather was killed in the Holocaust,” Menin added.

The second bill, which was sponsored by Council Member Eric Dinowitz, a former public-school teacher, requires the NYPD to establish similar plans at educational facilities across NYC.

“It is incredibly important that we are protecting our students as they are entering and leaving schools. This bill is the culmination of listening to student voices, and it creates a thoughtful strategy that preempts tragic occurrences,” Dinowitz told reporters during a press conference.

On Friday, Mamdani wouldn’t commit to whether he would veto either bill.

“I’ll say that when it comes to this legislation, I’m aware of the serious concerns that New Yorkers have raised regarding these bills limiting New Yorkers constitutional rights, and I will consider those concerns in my decision making,” he said, reading from a statement at an unrelated press conference.

City Hall chief counsel Ramzi Kassem said in an interview with NY1 that Mamdani has made clear, “he does not view protest as a security concern, and he does not think that there is any kind of contradiction between prayer and protest in New York City, both rights coexist, and we can continue to uphold both rights.”

The New York Democratic Socialists of America chapter has been vocal in their opposition to the bills. Gustavo Gordillo, the co-chair of the NYC DSA, fears the bills would “severely limit our first amendment right to protest, our right to organize, and our right to picket and take action as workers,” he said in a statement. “These bills fail to combat hate – they aren’t evidence-based solutions. In a time of rising repression, it is crucial that our representatives safeguard the right to protest, not erode it.”

Council Member Shahana Hanif, an ally of Mamdani’s, said during a hearing on Thursday that the bills “give the NYPD too much power to police speech and raise constitutional concerns.”

Last year, following the protests outside of the Park East Synagogue, then mayor-elect Mamdani faced backlash for his response to the demonstrations.

Issuing a statement that condemned the language used by demonstrators but also noted that “sacred spaces should not be used to promote activities in violation of international law,” a reference to Israeli settlements on land Palestinians hope to have for a future state. His team issued a follow-up statement making clear the mayor-elect’s commitment to protecting Jewish spaces.

Mamdani has 30 days to decide on the bills. When asked at a press conference on Friday when he will announce make his decision, the mayor said, “By the legal timeline.”

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