The beginning of New York City mayor Eric Adams’ administration has brought a variety of new rules and regulations, the most controversial being the “Subway Safety Plan.” [1] As of February 2022, New York City law enforcement officials will employ a “zero-tolerance policy” for violations of subway rules, including sleeping on the subway, an infraction that often applies to homeless people. In the status quo, those who violate subway policies are often subject to a New York state law named Kendra’s Law. Passed in 1999 in response to the death of 32-year-old Kendra Webdale who was pushed in front of the subway by a man suspected to be mentally ill, Kendra’s Law requires individuals to undergo involuntary outpatient treatment, potentially some form of medical treatment, but does not require them to be hospitalized. Adam’s plan expands the use of Kendra’s Law, but because Kendra’s Law violates constitutional principles of due process, it should instead be replaced with Daniel’s Law which better protects patients’ rights to be self-determined in the course of their medical treatment for mental health challenges.
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