Assemblywoman Emily Gallagher, a member of the New York state Assembly, stated on August 13, 2026, that individuals who steal essential items like toothpaste and soap should not face arrest. She made her comments outside Manhattan Criminal Court, arguing that prosecuting such theft punishes individuals for having a "biological need." Gallagher, who represents areas in Brooklyn, was accompanied by criminal justice advocates from Court Watch NYC, which reported that over half of the 360 arraignments they monitored involved misdemeanor charges.
Gallagher emphasized that many thefts are driven by poverty, stating, "If you’re stealing those things, you need them." She criticized the legal system for prioritizing the protection of large corporations over the needs of struggling individuals. Gallagher's remarks coincided with criticism of New York City Mayor Zohran Mamdani for not fulfilling his promise to reduce police enforcement of minor offenses, including shoplifting.
While Gallagher claimed that New Yorkers are jailed for minor thefts, this assertion is contradicted by state law. Under New York's 2019 bail reform, petit larceny is a non-qualifying offense, meaning judges cannot set bail for such cases. Typically, first-time shoplifting arrests are resolved with a desk appearance ticket or are dismissed. Retailers have also begun securing personal-care items in response to theft.
Former NYPD Chief of Detectives Robert Boyce defended the enforcement of low-level offenses, stating that failing to do so could lead to disorder. Critics of Gallagher's position, including Councilwoman Vickie Paladino and former Queens Councilman Robert Holden, expressed strong opposition to her views, with Paladino accusing her of enabling theft and Holden labeling her comments as misguided. Gallagher reiterated her stance on social media, asserting that no one should be jailed for stealing basic necessities.