New York State Assemblywoman Emily Gallagher has drawn criticism for suggesting that individuals who shoplift basic necessities like soap and toothpaste do so out of a "biological need." The remarks, made during a news conference outside Manhattan Criminal Court, have been met with swift blowback from former prosecutors, law enforcement figures, and political commentators.
Gallagher, who represents parts of Brooklyn, stated that prosecuting people for stealing items such as toothpaste and soap is the "true crime" when "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." She contrasted the struggles of New Yorkers with the profits of large drugstore chains, arguing that wealth inequality is a greater offense.
Former Palm Beach County State Attorney Dave Aronberg told Fox News Digital that while poverty can help explain why someone commits an offense, it is not "a permission slip to steal." He emphasized that prosecution does not always equate to incarceration, pointing to alternatives like diversion programs, treatment, and conditional dispositions for first-time offenders. Aronberg also warned that Gallagher's argument could politically damage the Democratic Party by allowing Republicans to portray the party as unconcerned about crime.
Retired NYPD Sergeant Joe Imperatrice, founder of Blue Lives Matter NYC, defended the "broken windows" policing theory, stating it holds individuals accountable for their actions. He urged politicians to focus on crime victims rather than making excuses for offenders. Imperatrice expressed belief that "everyday New Yorkers are getting sick and tired of this reckless narrative."
The NYPD reported that retail theft declined 16.3% citywide during the first half of 2026 compared to the same period last year, attributing the decrease to crime pattern analysis, targeted officer deployment, and sustained investigations. Gallagher and her allies have also advocated for Mayor Zohran Mamdani to end "broken windows" policing, suggesting a shift away from police responses for issues like homelessness and mental illness while maintaining enforcement for serious violent crime.