In the wake of a December 19 violent assault and robbery that left two teenage boys hospitalized, amid questions surrounding the alleged failure of newly hired private security guards to intervene, elected officials representing Lower Manhattan are calling on the Battery Park City Authority (BPCA) to reevaluate its plan to supplant Parks Enforcement Patrol (PEP) officers who have safeguarded the community for decades with “safety ambassadors” from security contractor AlliedBarton.
In a joint statement, City Council member Margaret Chin, Manhattan Borough President Gale Brewer, State Senator Daniel Squadron, and State Assembly member Deborah Glick said, “in light of the Battery Park City Authority’s decision to replace at least some of its Parks Enforcement Patrol officers with private security, reports of AlliedBarton guards’ failure to intervene in the assault against two teenagers on December 19 are particularly troubling. When we wrote to the BPCA less than a month earlier, we expressed deep concerns about these security guards’ lack of training and legal authority compared to the sworn peace officers who make up the Parks Enforcement Patrol. This brutal assault and AlliedBarton’s inadequate response both underscore our worst fears. We are working to get answers regarding this incident, and will renew our calls for the Authority to continue and enhance its commitment to PEP officers, who have the power to issue summons, make arrests, and intervene to keep residents safe.”
The BPCA responded in a statement, saying, “we understand the concern of the elected officials when any event of this nature happens. We share their goal to keep Battery Park City safe and secure. We encourage our local leaders to await the facts of last month’s incident before drawing any conclusions and note that PEP’s presence in Battery Park City is unchanged to date. AlliedBarton Security Ambassadors were on patrol in the area, responded to a request for assistance and acted appropriately by immediately contacting NYPD, EMT services and the PEP. We are confident in the team’s commitment to the Battery Park City community.”
The move to reduce or eliminate PEP officers has been a source of recent controversy. Community leaders became aware of the change only when the BPCA board voted to approve it in October, although it had been under consideration for at least six months prior to the vote. Community Board 1 (CB1) formally asked the BPCA to reconsider this decision in November, a call that was echoed in writing the following month by a coalition of the four elected officials quoted above, plus U.S. Congressman Jerrold Nadler. The move was also the focal point of an acrimonious discussion at the Open Community Meeting hosted by the BPCA on December 16.
At that meeting, Pat Smith, who serves as the president of his condominium board in Battery Park City’s south neighborhood, predicted, “private security tells their people, ‘we don’t want a liability question, we don’t want a medical question, do not get involved, call 911. Private security does the worst thing in the world — they make you feel safe when you’re not.” But the BPCA was unpersuaded and moved ahead with its original plan, signing a $2.1 million dollar contract with AlliedBarton in early December, and inaugurating patrols by the company’s guards (who are known as “safety ambassadors”) in the middle of the month. A final determination about what ongoing function PEP officers will have in Battery Park City, if any, is being negotiated now between the Authority and the City’s Parks Department, which employs PEPs and supplies them to the BPCA under a contract.
Mr. Smith’s words took on a prophetic ring three days after the December 16 Open Community Meeting, when two teenage boys walking home from Shake Shack were surrounded by a gang of ten teenagers, who assaulted and robbed them. One of the boys suffered a skull fracture and concussion that left him unconscious and hospitalized with potentially life-threatening bleeding inside his skull, as well as dangerous brain swelling. The teenage victims of this assault and their parents allege that an AlliedBarton guard stationed near the site of the attack (on the terrace overlooking the ballfields) refused to intervene or help the victims. Statements from the BPCA and AlliedBarton do not contradict this allegation, although both the Authority and the security firm credit the AlliedBarton guard with calling 911, as Mr. Smith anticipated.
For many residents and community leaders, the crucial difference between PEPs and private security guards is that the former are government employees and duly sworn peace officers, who have legal enforcement powers, such as the authority to detain suspects, use physical force to stop a crime in progress, and make arrests. The latter have the same legal status as private citizens, and are granted none of these powers.
At the December 16, Open Community Meeting, Battery Park City resident Elizabeth Lara engaged in a sharp exchange on this subject with BPCA chairman Dennis Mehiel. Ms. Lara, the mother of two young children, who has lived in Battery Park City since 2007, began by describing the decision to bring in private security guards as, “super disturbing,” and asked Mr. Mehiel, “why wasn’t our opinion asked before the Request for Proposals was put out? And what can be done to put a hold on all of this until you can get feedback from the community? Because, as you can see, we’re bothered by this, and you don’t seem to care.”
Mr. Mehiel replied, “not at all, but there’s a presumption in this that we are fostering a lowering of the quality of the services.” Ms. Lara retorted, “it is subjective that these ambassadors can improve the quality of life here, because the truth is they don’t have the authority to enforce laws the way the PEPs can. You are spending $2.1 million to replace PEP with people who will have brighter colored-clothing, but cannot enforce anything, which means $2.1 million down the toilet.” At this, the capacity crowd attending he December 16 meeting broke into applause. Ms. Lara then asked, “do I understand this correctly?”
Mr. Mehiel answered, “no, you don’t. But we hear your concerns.” Ms. Lara countered, “it’s too little too late.” Mr. Mehiel replied, “there are presumptions in your questions that I cannot respond to because of the ongoing negotiations,” in a reference to the continuing discussions between the BPCA and the Parks Department about what role (if any) the PEPs will play in Battery Park City in the future. Ms. Lara shot back, “you can’t answer whether private security have the authority to issue summonses?”
(sitting at table, at right)
“Irrelevant!” Mr. Mehiel interjected, causing the crowd to erupt in catcalls and boos. “The presumption is that when the dust clears, there isn’t going to be anybody here who has the power to issue a summons. Why do you assume that’s the case?”
Ms. Lara answered, “this doesn’t make me feel safer as somebody who lives here with two small children, or make me feel like my quality of life is going to improve.” Mr. Mehiel argued, “people should reserve judgment until they find out where we end up.” Ms. Lara admonished, “no, you should have asked us what we thought of it before you issued the Request for Proposals!” At this point, Mr. Mehiel concluded the discussion by saying, “our objective is never to lower the quality of life.”
When Ms. Lara learned of the assault and robbery that took place three days after the December 16 meeting at which she spoke, she told The Broadsheet, “this attack on children in our community is now part of City-wide, rising crime statistics. I can’t say PEP officers would’ve done a better job. But the fact is, private security officers have no legal authority to deal with crime to which our community is clearly not immune. I fail to understand how the BPCA justifies willingly replacing officers legally empowered to defend our community with a private organization that is not. Raising two children of my own here, I feel as safe today as I did when the BPCA announced the replacement of PEP officers: [which is to say] not at all.”
Other residents and community leaders were similarly critical of AlliedBarton’s performance and the BPCA’s decision to scale back the presence of PEP officers in Battery Park City. Hank Wisner, a neighborhood resident, is also the founder of the Battery Park City Community Emergency Response Team (CERT), a volunteer group that assists police and fire personnel in responding to major disasters, such as terrorist attacks and extreme weather events. Mr. Wisner said, “we are the highest-targeted area in the United States. PEP officers deter crime. I told the BPCA that by doing away with or cutting down on PEP, they would have blood on their hands. I was mostly referring to mass-casualty events, but I also knew that PEP was making more arrests. The BPCA has made a very bad decision. The AlliedBarton company is worthless.”
Jenifer Rajkumar, the elected Democratic Party District Leader for Battery Park City’s south neighborhood, said, “this harrowing incident highlights the Battery Park City community’s concern with the BPCA plan to replace PEP officers with private security guards, who have no legal authority or powers of arrest. In light of this incident, the BPCA should reevaluate its plan.”
Insight into whether the BPCA can reevaluate its commitment to having private security guards patrol the community may be gleaned from the BPCA’s contract with AlliedBarton. Section G of this contract, titled “Suspension,” says that the Authority, “may, at any time and for any reason, order AlliedBarton in writing to suspend, delay, or interrupt performance of all or any part of the Services for such period of time as [the Authority] may determine.” Another part of the contract, Section C, titled “Termination,” says that the BPCA, “at any time, may terminate this agreement in whole or in part without incurring any penalty or damages on account of such cancellation or termination upon 30 (thirty) days written notice.” This section of the contract specifies that the Authority would be required to pay AlliedBarton any costs associated with shutting down its operations in Battery Park City.