Jaywalking, or crossing the street outside a crosswalk or against a traffic signal, is now legal in New York City. This change follows legislation passed by the City Council that automatically became law over the weekend after Mayor Eric Adams declined to sign or veto it, making it official by default.
Why New York Legalised Jaywalking
The move to legalise jaywalking was largely influenced by the issue of racial disparities in jaywalking enforcement. According to Council Member Mercedes Narcisse, a Democrat from Brooklyn who sponsored the legislation, over 90% of jaywalking tickets issued last year were given to Black and Latino residents. Narcisse emphasised that penalising common behaviours unfairly impacts communities of colour, adding, “Let’s be real, every New Yorker jaywalks. People are simply trying to get where they need to go.”
The new law allows pedestrians to cross streets mid-block or against traffic lights. However, they must yield the right of way to vehicles, meaning the city has placed responsibility on pedestrians to cross safely.
Safety Concerns: A Balancing Act
The administration still urges caution. Liz Garcia, a spokesperson for Mayor Adams, stated, “All road users are safer when everyone follows traffic rules.” The new law’s supporters argue that decriminalising jaywalking will not make streets unsafe but that more focus should go toward designing safer streets and reducing speeding.
Several other states and cities, including California, Nevada, Virginia, and Kansas City, Missouri, have also recently decriminalized jaywalking. The idea is to create fairer rules while allowing police to focus on more pressing public safety concerns. Mike McGinn, executive director of America Walks, a pedestrian advocacy group, voiced his support, saying, “Cities that truly care about safety focus on street design, speeding, and dangerously large vehicles, not jaywalking laws.”
Jaywalking: A Controversial History
The term "jaywalking" has an interesting origin. It began as Midwestern slang for a “jay” or “country bumpkin” unfamiliar with urban rules. Originally coined by the auto industry in the 1930s to limit pedestrian use of roads, jaywalking laws were designed to shift streets primarily for vehicle use, restricting people from freely navigating them.
In New York City, jaywalking laws date back to 1958, when they first carried penalties up to $250. Over the years, jaywalking fines became an enforcement tool, and, as the Legal Aid Society points out, often used to justify stop-and-frisk practices disproportionately affecting communities of color.
A Step Toward Fairness in NYC
The Legal Aid Society praised the legislation as a long-overdue correction of a law they say has done more harm than good. Narcisse and other advocates argue that police resources are better spent addressing more significant issues. Narcisse noted, “No one’s ever said, ‘I’m so glad they caught that jaywalker.’ By eliminating these penalties, we allow our police officers to focus on issues that truly matter.”
What Pedestrians Should Know
Under the new law, pedestrians are allowed to cross outside crosswalks or against signals, but they do so at their own risk. Jaywalking still means yielding to vehicles, and pedestrians can still be held liable for accidents.
The New York City Police Department and Department of Transportation plan to continue traffic safety measures, focusing more on accident prevention than issuing fines for jaywalking. This aligns with the city’s Vision Zero goal of eliminating traffic fatalities, which focuses on safer street design, speed control, and clear pedestrian pathways.
Conclusion
New York City's decision to legalize jaywalking is more than just a legal change—it’s a significant move toward fairer street practices and better resource allocation for the NYPD. By focusing on street design and traffic regulations, New York aims to prioritize true safety concerns over penalizing common pedestrian behaviors.
For those on the streets of New York, crossing safely remains the priority, but without the fear of fines.
