A New York State Assemblywoman has ignited controversy with her assertion that individuals stealing essential items like toothpaste and soap due to "biological need" should not face legal repercussions. Assemblywoman Emily Gallagher, a socialist representing parts of Brooklyn, voiced these sentiments at a news conference on Thursday.

Gallagher, who is a member of the Democratic Socialists of America, argued that protecting large corporations over struggling individuals is the real crime. "We are choosing to protect billion-dollar companies, like CVS and Walgreens, over the people who are struggling to get by," Gallagher stated. "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."

She advocated for "treatment-not-jail" approaches, though critics pointed out that first-time shoplifting offenders rarely face jail time and that enforcement policies influenced by such viewpoints have led some drugstores to lock up products. Gallagher and other lawmakers also urged Mayor Zohran Mamdani to abandon "broken windows policing" tactics.

Shoppers and local officials have reacted strongly against Gallagher's remarks. One shopper called the idea "foolish" and stated that stealing is a crime that should be punished, suggesting that any potential free necessities should be provided through city-run stores. Another resident expressed concern that sanctioning retail theft would lead to increased costs for law-abiding consumers and potentially force local businesses, like supermarkets, to close.

"People are going to feel entitled because they know they can walk in and walk out and nothing will happen," said Jeanette Mack, a 49-year-old academic adviser. "Allowing people to shoplift with no consequence is wrong."

Edwin Pichado, a supermarket manager, described Gallagher's view as unrealistic, emphasizing the financial strain on businesses. "Rent is high. You have to pay workers, utilities. Goods going out, but no money coming in. We cannot run a business like that," Pichado said. "If they see that you do nothing, they’ll keep coming back. They tell their friends, and it becomes a free for all."

Critics also highlighted Gallagher's past actions and statements, including fundraising for her cat's surgery and accumulating traffic tickets despite advocating for anti-car policies. Councilwoman Vickie Paladino (R-Queens) accused Gallagher of trying to "obfuscate reality" and suggested that such policies are a deliberate attempt to harm retail stores. Former Councilman Robert Holden called Gallagher a "major dope," while Councilwoman Joann Ariola (R-Queens) warned that advocating for theft would accelerate business closures in a city where businesses are already struggling.

According to NYPD data as of August 9, retail theft is down 14.7% and petit larceny is down 5.4% compared to the previous year. Gallagher did not respond to requests for comment.