No more fines.
Jaywalking has long been a way of life in New York, and now it’s legally permissible to cross the street without facing penalties. A new piece of legislation sponsored by Council Member Mercedes Narcisse has decriminalized jaywalking, which has been illegal since 1958. Residents and visitors can now cross the streets of the Big Apple outside the white lines and even when the light is red.
Narcisse said that police officers have expressed a preference for spending their time on real safety concerns, and the new legislation helps them focus on genuine community issues.
It is also being lauded as a win because jaywalking laws were not enforced proportionally—law enforcement mostly looked the other way unless people of color were the offenders. Narcisse said in a statement to The Guardian, “Laws that penalize common behaviors for everyday movement shouldn’t exist, especially when they unfairly impact communities of color.”
Discriminatory Enforcement
Jaywalking laws were introduced due to lobbying by the auto industry. Streets were public spaces back in the 1920s, and pedestrians were allowed to walk wherever they pleased. However, the increase in motor vehicles on the roads heightened the threat to pedestrians, prompting the auto industry to push for stricter rules to curb anti-car sentiment. The industry began shifting the blame from drivers to pedestrians, and police started to shame and penalize jaywalkers.
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In New York, where jaywalking has been illegal since 1958, fines could reach up to $250, and people of color were disproportionately penalized for jaywalking.
In a report by Gothamist, the New York Police Department issued 786 pedestrian-related penalties in the first half of this year, with 77% of the summonses going to Black or Latino individuals. Last year, 92% of those who received summonses were Black or Latino.
The Legal Aid Society, an organization that provides free legal aid to low-income New Yorkers, praised the move in a statement: “Decriminalizing jaywalking in New York City is long overdue and eradicates a mechanism that the New York City Police Department (NYPD) has, for decades, employed as a pretext to stop, question, and frisk New Yorkers, especially those from communities of color.”
The organization also hopes that the city council will continue to change laws that serve no public purpose and end up ensnaring people in legal battles.
Still Unsafe to Jaywalk
In the last five years, around 200 people have been killed while crossing the street in New York City, so you should still exercise caution when crossing.
Crossing the street without paying attention to lights or stepping outside the crosswalk can be dangerous. Accidents can also lead to lawsuits. “We continue to encourage pedestrians to take advantage of safety mechanisms in place—such as daylighting, pedestrian islands, and leading pedestrian intervals—by crossing in a crosswalk with the walk signal,” said Liz Garcia, a spokesperson for Mayor Eric Adams.
It’s not just New York, though. In 2022, California also decriminalized jaywalking. The state had strict laws that allowed police to arrest pedestrians or fine them up to $200. People of color were disproportionately penalized for jaywalking in the state. The “Freedom to Walk” Act now prohibits police officers from stopping a pedestrian unless there is a danger of collision. While it remains illegal to jaywalk, the act gives people on the street more flexibility to walk and avoid interaction and fines from law enforcement.
Similarly, Kansas City and Virginia have also decriminalized jaywalking in recent years to prevent fines and discrimination against people of color.
But the question for pedestrians remains: to jaywalk or not to jaywalk when visiting a city? It’s best to research the rules before heading to a destination, and even when it’s legal, pay attention and don’t make assumptions about safety. Also, take a look at what locals are doing because cultural norms often dictate social behavior. People will be aghast if you don’t follow the rules in Japan, Denmark, or Germany.
In New York, walking is a sport. Immerse yourself in the culture when you’re in the city, but remember never to block the sidewalk—New Yorkers may ignore jaywalking, but they won’t forgive you for stopping in the middle of the sidewalk.
Related: 15 Things NOT to Do in New York City
