A federal appeals court has upheld a major settlement that changes how the New York Police Department polices protests. The court did this by rejecting on March 19 an attempt by the NYPD Police Benevolent Association to block the settlement.
This decision means the NYPD must now follow strict rules limiting officer deployments, banning excessive force, and protecting protesters from mass arrests—a critical victory for the pro-Palestine, peace, and democracy movements filling the streets of New York City right now.
The Payne Agreement, stems from lawsuits over the NYPD’s violent crackdowns during the 2020 Black Lives Matter uprisings. It introduces a tiered response system, requiring the NYPD to treat protests as peaceful by default and only escalate if there’s clear evidence of eminent violence. The most aggressive police units, like the Strategic Response Group — a squad notorious for brutalizing protesters with batons, bikes, and for conducting mass arrests — can no longer be deployed indiscriminately. Instead, officers must attempt de-escalation first. Tactics like kettling (trapping protesters to make mass arrests) are now explicitly banned.
A new oversight system will force the NYPD to document every decision to escalate force. If they violate the rules, legal groups like the New York Civil Liberties Union can take them back to court. Court wins like this have historically forced the NYPD to comply with reforms, even if reluctantly and not to the fullest extent.
Why this ruling matters now
This decision comes as New York City and the country are seeing more and more protests, whether to support Palestinian liberation or the fight the anti-worker policies of the Trump administration. In recent months, the NYPD has violently dispersed peaceful rallies, arrested protesters en masse, and even targeted legal observers — tactics that would now violate the Payne rules.
For example, the NYPD arrested 120 protesters at an New York University pro-Palestine demonstration in April 2024, many for simply occupying a campus plaza. Officers used batons and zip-ties against students at Columbia University, with the police escalating the situation despite no violence from protesters. The department’s brutality continued while the appeal from the NYPD so-called “union,” the Police Benevolent Association was pending, but this new court ruling against the PBA removes their legal excuse for delay.
Past court interventions prove these agreements work—when enforced. The 1985 Handschu Agreement, which restricted NYPD surveillance of political groups, and the 2013 stop-and-frisk ruling (Floyd v. the City of New York), which forced a dramatic reduction in unconstitutional stops, both show that sustained legal pressure can rein in the NYPD’s worst abuses. While the department still resists change (e.g., stop-and-frisk persists under current Mayor Eric Adams through rebranded “neighborhood safety teams”), the Payne Settlement’s enforcement mechanism gives activists a new concrete way to challenge police violence in real time.
The NYPD’s history of defiance
Skeptics will correctly argue that the NYPD “will just do whatever it wants,” and it’s true. Officers often act with impunity. This city paid out over $205 million in NYPD misconduct lawsuits in 2024 alone. But history shows that when courts impose structural reforms with oversight, the NYPD does eventually significantly adjust their tactics—because lawsuits and public scrutiny become too costly to ignore. For example, after the stop-and-frisk rulings of 2013, street stops dropped by 98%. The Handschu Agreement forced the NYPD to scale back covert spying on activists (though abuses still occurred especially under the guise of the Patriot Act and the “fight against terror”).
The Payne settlement is no different. If the NYPD floods a pro-Palestine protest with SRG officers or kettles demonstrators, activists can sue immediately—and the department will have to justify its actions in court.
What activists must do now: Know the new rules
The NYPD can no longer escalate force without cause. If they do, call it out loudly: “This protest is peaceful—your escalation violates the Payne Settlement!”
Record everything
Video is key evidence. If police try to stop you filming, remind them they are being watched and that their actions are unconstitutional.
Report violations immediately
Contact legal groups (NYCLU, Legal Aid) and political groups like the Party for Socialism and Liberation with footage of police misconduct. Every violation strengthens lawsuits to enforce the agreement and gives activists political ammunition to expose the NYPD as anti-democratic tools of the oligarchy.
The fight isn’t over—But this is a tool to push back
This ruling won’t end police violence. But for the thousands protesting genocide in Gaza, it’s a new tool to push back. The NYPD fears lawsuits and exposure—so let’s make every violation costly. The streets and the courts are where we can fight back and win.
