The proposal, which includes all security personnel such as deputy
sheriffs, U.S. Marshals and private security guards, is the first
among U.S. municipalities attempting to regulate arrest techniques
after a grand jury last week declined to indict a New York City
police officer in a chokehold death.
Council members in favor of the ban, which was introduced this week
to the city's finance committee, say they want Chicago in front of
the issue of excessive police force that has resulted in street
protests across the nation.
"Chicago would lead the way for other cities across America to
expeditiously act to institute similar protections," said City
Councilman Will Burns in a statement.
The Chicago ordinance defines a chokehold as "any pressure to the
throat or windpipe, which may prevent or hinder breathing or reduce
intake of air."
![](http://archives.lincolndailynews.com/2014/Dec/11/images/ads/current/best%20friends%20animal%20hospital%20bc062711.png) A group of New York City council members are proposing a similar
ordinance, which has not yet gone to the council for a vote. It does
not include security personnel outside the police department,
however.
New York City Mayor Bill de Blasio opposes criminalizing chokeholds,
saying he prefers it to be a matter of department policy.
Most police departments prohibit chokeholds but they are not
illegal. In a statement to Reuters Monday, the Chicago Police
Department said officers are trained to "position anyone in a manner
that allows free breathing." It has not taken a position on the ban.
Criminalizing chokeholds may pose a legal challenge for cities
because of the difficulty of recognizing the maneuver, especially if
it lasts seconds, and of determining whether or not the officer
intended to use it, said Arthur Lurigio, a criminal justice
professor at Loyola University in Chicago.
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"In a struggle in real time, things are going to transpire that may
give the appearance of being a chokehold," he said. "This is going
to be challenging for them then to elevate that to a crime. It may
be a bit beyond what is considered reasonable in terms of regulating
police practices."
Pat Camden, a spokesperson for the Fraternal Order of Police in
Chicago, said it was unclear what liability issues may arise for
officers if the proposal becomes law. He said exceptional situations
may require officers to choose a chokehold to avoid risk.
"It's easy to put a law on the books, but you have to put yourself
in that situation," he said.
Chicago Mayor Rahm Emanuel has yet to take a stance on the proposal,
but its supporters, especially co-sponsor Ed Burke, are strong
allies. The mayor's office did not respond to requests for comment.
The proposal is expected to go before a full city council vote in
January.
(Editing by Christian Plumb)
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