Legality of Nassau County Executive Bruce Blakeman's program of deputizing armed civilians for emergencies challenged in court

A lawsuit that challenges the legality of a program that would deputize armed citizens for mobilization during emergency situations is an "end-around" by "anti-law-enforcement" Democrats opposed to the project, an attorney representing Nassau and County Executive Bruce Blakeman told a judge on Tuesday.

The attorney, Joshua Liebman, said Legis. Debra Mulé (D-Freeport) and Scott Davis (D-Rockville Centre) had attempted to restrict Blakeman’s right to free speech with the lawsuit they filed on behalf of the county legislature’s Democratic caucus.

In a Mineola hearing Tuesday before State Supreme Court Justice Gary Carlton in Nassau County, Liebman argued that Mulé and Davis lack standing to bring the lawsuit, saying they were trying to use the courts instead of taking legislative action.

"They are using this court to accomplish what they could not do through the democratic electoral process," Liebman said.

An attorney representing Mulé and Davis pushed back, arguing that the lawsuit is about the legality of the program and their opposition to giving armed civilians the right to make arrests or use deadly force. It has nothing to do, he said, with Blakeman’s right to free speech.

"We are not challenging anything they said," attorney Kevin Trowel told the judge. The complaint "challenges the lawfulness of a program to deputize armed civilians," he said.

Blakeman rolled out his plan for "provisional special deputies" with a March 2024 notice in Newsday, seeking private citizens with gun licenses who would help authorities protect human life, government buildings, hospitals, houses of worship and other property during emergencies.

Twenty-six people, many with law enforcement experience, were sworn in as provisional special deputies in December. Democratic lawmakers and community advocates have expressed deep concerns about the program, calling it a private, illegal militia accountable only to Blakeman.

Critics have called the deputies a "militia," which Liebman said is insulting. Some are former NYPD officers, while others, including former Navy SEALs and members of the Israeli Defense Force, come from decorated military backgrounds.

The lawsuit, filed in February, argues that the Blakeman administration violated general municipal law by using public funds and resources to create the provisional special deputies program without authorization from the county legislature. The lawsuit, which names Blakeman, Nassau County and Sheriff Anthony J. LaRocco as defendants, also said the administration has denied legislators’ requests for details under the state’s Freedom of Information Law.

Blakeman filed a counterclaim in May, arguing that the lawsuit was an attempt to intimidate and harass him for publicly announcing and discussing the program. Liebman and other Blakeman attorneys said the lawmakers’ lawsuit was a politically motivated Strategic Lawsuit Against Public Participation, or SLAPP case, intended to curtail his right to free speech. Blakeman has said county and state laws allow him to have provisional special deputies on reserve for emergencies.

Carey Dunne, another lawyer representing the lawmakers, said many of the deputies lack the law enforcement training required by New York State — and that could result in tragedy.

"For him to amplify the fact that these are actually militarily-trained officers only underscores our concern that these are not people who are trained as civilian peacekeepers or local law enforcement people," Dunne said after the hearing.

"It is an echo of what we are seeing around the country in which military people are being sent into cities to allegedly try to keep the peace, but these are not peacekeepers," Dunne added. "They are warriors."

Although Liebman said Mulé and Davis were "anti-law-enforcement," he did not provide any evidence for that argument.

The lawmakers’ lawsuit, Trowel said, argues just the opposite. The lawsuit states there are more than 3,000 trained and sworn police officers working with the Nassau County Police Department and other agencies. There are an additional 60,000 officers working in New York State who can be called upon during emergencies.

Trowel called Nassau police "among the best in the nation and who are extremely responsive to the needs of the county."

Blakeman’s argument that the 26 provisional special deputies are required to ensure public safety is "laughable," Trowel added.

"You give them a gun and tell them they are authorized to make arrests and use deadly force under the direction of the county executive, but without any of the safeguards New York State law requires. Our position is that creates an enormous amount of danger for the public," he said.

The original county posting seeking candidates for the special deputies positions said: "Provisional Emergency Special Deputy Sheriffs will have no police powers unless an emergency is declared by the County Executive and they are activated." It also required candidates to, within 45 days of appointment, be "trained and qualified on service weapons" and complete "basic training" at the police academy on the state's penal law and "use of force."

A Nassau County spokesman declined to comment.