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Assemblywoman Says Stealing Soap and Toothpaste Can Be a 'Biological Need'

The remark has focused attention on New York's progressive justice agenda and drawn fast political criticism while raising questions about enforcement and business impacts.

Overview

  • At a news conference outside Manhattan Criminal Court on Thursday, Assemblywoman Emily Gallagher said many shoplifting cases reflect “crimes of poverty” and argued for a treatment-not-jail approach to people who take basic hygiene items.
  • Court Watch NYC told reporters it observed 360 arraignments over four days and found more than half involved misdemeanor charges, a finding Gallagher used to support her argument.
  • Gallagher publicly defended her position on X, writing that “no one should be arrested—much less jailed—for stealing a tube of toothpaste,” and repeated calls to reduce enforcement of low-level quality-of-life offenses.
  • Critics from both parties immediately condemned the remarks, with local Republicans and some Democrats warning the stance endangers businesses; retailers have already been moving toiletries into locked cases and some stores have closed citing theft.
  • Coverage and legal context note that New York’s 2019 bail reform generally bars pretrial jailing for petit larceny and NYPD data through Aug. 9 show retail theft and petit larceny are down year‑over‑year, complicating claims that small-item theft typically leads to jail.