Socialist Lawmaker Says Shoplifting Is A ‘Biological Need’

News admin August 16, 2026 0 Comments

Socialist Lawmaker Says Shoplifting Is A ‘Biological Need’

A socialist member of the New York state Assembly said Thursday that people who steal basic necessities such as toothpaste and soap should not be arrested, arguing that prosecuting such theft punishes people for having a “biological need.”

Assemblywoman Emily Gallagher, who represents Greenpoint, Williamsburg and neighboring sections of northern Brooklyn, made the remarks outside Manhattan Criminal Court alongside fellow leftist officials and criminal justice advocates with Court Watch NYC. The group said it monitored 360 arraignments over four days and found more than half involved misdemeanor charges.

No one should be arrested—much less jailed—for stealing a tube of toothpaste.

Incarceration separates people from their jobs, support services, & loved ones. It perpetuates cycles of poverty & crime.

That’s a fact, no matter how much fear mongering the right wing media does. pic.twitter.com/WjyEPGIXqU

— Emily Gallagher (@EmilyAssembly) August 13, 2026

“Most of what we saw were crimes of poverty — people who are stealing things like toothpaste, people who were stealing things like, you know, soap,” Gallagher said. “And that means if you’re stealing those things, you need them.”

Gallagher then criticized the prosecution of shoplifting offenses involving major retailers. “And we are choosing to protect billion-dollar companies, like CVS and Walgreens, over the people who are struggling to get by,” she said. “So I would say that the true crime is that there is such incredible wealth disparity in this city that there are people who can be thrown in jail simply for having a biological need.”

The comments came as Gallagher and other advocates accused New York City Mayor Zohran Mamdani of failing to deliver on his promise to redirect the NYPD away from so-called “quality of life” offenses, including low-level theft, fare evasion, graffiti and public urination. The department has continued that enforcement under NYPD Commissioner Jessica Tisch, whom Mamdani retained from former Mayor Eric Adams’ administration.

The group specifically criticized the continued use of “broken windows” policing, which focuses on enforcing lower-level offenses in an effort to prevent more serious crime. “Mayor Mamdani was elected on a promise of making New York a livable city for all — ending the criminalization of poverty, mental health, substance use and homelessness,” Sami Feliz of Freedom Agenda said at the event. Asked by ABC7 whether Tisch was carrying out his vision for policing, Mamdani said he was confident in her: “I would not have someone serving our city if I was not confident in what they were doing.”

Gallagher’s claim that New Yorkers are jailed over items like toothpaste is not supported by state law. Petit larceny — the charge covering thefts under $1,000 — is a non-qualifying offense under New York’s 2019 bail reform, meaning judges are barred from setting bail and must release defendants pending trial. First-time shoplifting arrests in the city are typically resolved with a desk appearance ticket and, in many cases, an adjournment in contemplation of dismissal that wipes that charge. Retailers, meanwhile, have increasingly moved toothpaste, soap and other personal-care items behind locked cases in high-theft stores.

Former NYPD Chief of Detectives Robert Boyce pushed back against calls to stop enforcing low-level offenses, particularly against repeat offenders. “Really, you have to go make those arrests,” Boyce told ABC7. “Otherwise, you’d have chaos on the street.”

Critics also warned that easing enforcement could reverse recent gains. NYPD data through August 9 showed retail theft down 14.7% and petit larceny down 5.4% compared with the same period last year, according to the New York Post.

“People like Emily Gallagher try to obfuscate reality because they want to enable this very activity,” New York City Councilwoman Vickie Paladino, a Republican, wrote on X.

Former Queens Councilman Robert Holden, a Democrat, called Gallagher “a major dope” in response to her comments.

Councilwoman Joann Ariola, a Republican representing Queens, said businesses already struggling with high operating costs could be pushed further toward closure if theft is effectively tolerated. “This is the kind of backwards, left-wing lunacy I would expect from someone who values the rights of criminals more than those of business owners,” Ariola told the Post.

Gallagher defended the remarks on X the same day, writing that “no one should be arrested—much less jailed—for stealing a tube of toothpaste” and accusing conservative outlets of fear-mongering.