NYC Quality of Life Initiative: Giuliani's Zero Tolerance

Introduction

In 1993, New York City Mayor Rudy Giuliani implemented a zero-tolerance approach to criminal code enforcement that included mandatory police response to various violations — the lowest level of infraction set forth in the criminal code, below misdemeanors (Conlon, 2004). According to Giuliani, low-level violations, particularly those related to the so-called broken windows concept, detract from the overall quality of life of ordinary citizens.

That initiative included a crackdown on minor infractions such as squeegee solicitations, spitting in public, playing music audible to others on public transportation, unlawful assembly, and even "improper use of a milk crate" — that is, sitting on one — measures that were appreciated more by some residents than others (Conlon, 2004).

The Broken Windows Concept and Its Urban Relevance

In its original formulation and context, the broken windows theory applied to the relationship between infrastructure deterioration, general neglect of real property, and the growth of crime in those areas and its eventual spread to surrounding communities (Schmalleger, 2001). In that narrow respect, the theory does not straightforwardly apply to large, busy cities like New York — "the city that never sleeps." However, in a broader sense, the broken windows principle also applies to the general deterioration of respect for rules of order and lawful authority in environments where, as in New York City, police are typically too busy handling serious calls for service to respond to the comparatively minor violations they witness continually (Nolan et al., 2005).

The concern on Giuliani's part was not that lack of enforcement of minor violations necessarily increased crime in a direct sense, but that the routine flouting of laws undermined respect for law enforcement and at least encouraged more serious criminal activity. More importantly, Giuliani objected to the traditional characterization of minor illegal activities as "victimless" crimes, arguing that they detracted from the quality of life for thousands of ordinary citizens (Conlon, 2004). According to Giuliani, failing to take action against the hundreds of "squeegee men" staking out major intersections and access ramps throughout the city bogged down traffic for thousands of commuters in the aggregate, and annoyed and inconvenienced drivers on a continual basis.

Specific Enforcement Measures and Their Rationale

The seemingly petty enforcement of milk crate-use violations became the subject of numerous news stories, but it actually served a valid purpose. The focus on milk crates was certainly a novel method of addressing quality-of-life concerns in many neighborhoods; the real objective, however, was eliminating the long-standing habit — especially within poorer New York City communities — of groups of men sitting on the sidewalk in front of bodegas or livery cab companies from dawn to dusk throughout the summer months. Regardless of the fact that no serious criminal activity transpired in most cases, such congregations detracted from the quality of life of residents in buildings immediately adjacent to them (Conlon, 2004).

In other situations, such as the peaceful gathering of small groups of students outside bars every weekend night, residents of overlooking buildings were subjected to loud conversations, cigarette smoke, and music from vehicles until well after the typical 4:00 AM closing time — several nights a week in many "trendy" neighborhoods. Giuliani's zero-tolerance approach to "unlawful assembly" — the type of gathering previously ignored as a technical violation not worth enforcing — prohibited these congregations for the benefit of residents who wished not to be disturbed. Furthermore, the broken windows analogy applied directly to these situations, given the frequency with which altercations and brawls erupt in conjunction with alcohol and large outdoor gatherings.

Bibliography

Conlon, E. (2004). Blue Blood. Riverhead, NY: Bantam.

Nolan, J., Conti, N., & McDevitt, J. Situational policing. Federal Bureau of Investigation Law Enforcement Bulletin, 74(11), November 2005.

Schmalleger, F. (2001). Criminal Justice Today: An Introductory Text for the 21st Century. New Jersey: Prentice Hall.