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New York Lawmaker Says Stealing Soap and Toothpaste Shows a 'Biological Need'

Her argument for treatment rather than jail has prompted swift criticism from elected officials and retailers, raising questions about public safety and poverty policy.

Overview

  • Assemblywoman Emily Gallagher told reporters Thursday outside Manhattan Criminal Court that many shoplifting cases involve people taking basic items like soap and toothpaste out of a “biological need” and urged a treatment-not-jail approach.
  • The comments came at an event with Court Watch NYC, which said it observed 360 arraignments over four days and found more than half were misdemeanor charges.
  • Local elected officials, store managers and shoppers quickly condemned Gallagher’s remarks as enabling theft and harmful to small businesses, and several Republicans publicly criticized her on social media.
  • City data cited in coverage show retail theft fell about 14.7 percent and petit larceny fell about 5.4 percent through Aug. 9 compared with last year, even as retailers report losses and increasingly lock products in security cases.
  • Reporters noted Gallagher has posted on X that no one should be jailed for taking a tube of toothpaste, she did not answer press requests, and the dispute highlights a broader debate over criminal-justice reform, policing of low-level offenses, and how to address poverty-driven theft.