A newly enacted Rensselaer County law will publicize the name and address of any person convicted of one of a dozen felony charges related to the criminal sale of drugs on a registry, but some state lawmakers are skeptical the online database will pass constitutional scrutiny.
Earlier this year, the Republican-led county Legislature unanimously voted to create a drug dealer registry in efforts to reduce substance abuse and overdose deaths related to opioid use that have spiked nationwide.
The drug dealer registry applies to any person convicted of illegal drug sales who are 16 years old and older.
The system is in effect, but is not retroactive, and has no published names or addresses to date.
"Nobody is going to say 'I want a drug dealer living next to me,' ... but the reality is, I don't know if it's actually legal," Assemblyman John McDonald told Spectrum News 1 of the registry Monday.
New York is a home rule state — meaning all counties and local governments can regulate the quality of life in their communities, but it must be done within the powers granted in New York's and the U.S. constitutions.
McDonald, a Democrat who represents Rensselaer County, doubts the registry will be effective to reduce illegal drug sales or abuse, but said he understands why it received the unanimous backing of county lawmakers.
Rensselaer County has been decimated by the opioid crisis and a recent uptick in overdose-related deaths.
"Politically, I get it, I understand it — I just don't know if it's actually going to functionally work," the assemblyman said. "And I really don't think it's going to stand up in a court of law, not if, but when, somebody files a lawsuit."
Dozens of people protested the creation of the registry at the Rensselaer County building last week, demanding the policy be rescinded and slamming lawmakers for not holding public hearings on the topic.
"It was based on sex offender registries with the Legislature knowing that those registries don't actually break the cycle of sexual violence," said Damaris Miller, a member of the group Troy 4 Black Lives. "So, we are really disappointed in the Legislature that they would create a law that's going to have such a devastating impact on our community without any input from the actual community. And they say that they represent us."
County Executive Steve McLaughlin and representatives with the Rensselaer County District Attorney's office referred questions about the registry to county legislators. Several did not return a request for comment Monday.
McLaughlin supports the policy and was quick to approve it.
Assemblyman Scott Bendett represents Rensselaer County and said he also supports the registry as it provides the county another tool to fight the opioid epidemic, but deferred questions to county officials responsible for the local statute.
"I think Rensselaer County would be a great example of how government should work," Bendett said in a statement Monday. "Rensselaer County has continually come out with legislation and programs that the state should consider."
Several organizations oppose the registry, including the Troy NAACP and Capital Region chapter of the New York Civil Liberties Union. Members say they're exploring multiple legal options to fight back.
Without a name or address placed on the registry, no person or entity has filed a lawsuit challenging the database to date.
Organization leaders also voiced concerns people would use the registry to access illegal drugs and potential errors in published data.
Lukee Forbes was incarcerated as a teenager after being convicted of violent felony assault charges for assaulting a man in Albany. He's concerned the registry will undermine the Clean Slate Act. Set to take effect this fall, the new law seals New Yorkers' criminal records a certain number of years after they leave prison.
"It's asinine to think that by me putting someone's legal name and legal address up somewhere that it will stop an illegal market," said Forbes, executive director of We Are Revolutionary. "When we're looking at it, the only thing that it stops is them getting a legal job and being able to legally fix their lives. It's forcing them to have to live in a black market space."
Several lawmakers Monday said they continue to review the county's drug dealer registry. Legislation to strengthen the enforcement of Clean Slate has not been introduced.
Melanie Trimble, regional director of the Capital Region chapter of the N.Y. Civil Liberties Union, said she fears the list will perpetuate the stigma of substance use and increase the likelihood people convicted of selling drugs will become reoffenders — especially the poor and people of color. She added local resources could be better spent on other addiction and recovery services, like rehabilitation programs, out-patient care, access to overdose reversal drugs or mental health programs.
"Registries are not effective — they never will be," Trimble said. "That’s not the way to deal with any situation. What you want to do is solve the problem at its heart. It’s harder to do, it takes more resources, but if you really want to solve the problem, there are ways to do it and not through a registry."