Erie County Legislator Joe Lorigo has submitted a letter to Erie County Sheriff Tim Howard requesting he continue releasing mug shots to press and the public. This request follows the passage of a law limiting the release of mug shots as part of the 2019 state budget. The proposal by Governor Cuomo was intended to target websites that extort money in exchange for taking down a defendant’s mug shot, but the law as written also includes law enforcement offices.

Since the law passed, several county sheriffs in New York State, including the Niagara County Sheriff, have expressed they will continue allowing access to booking photographs. Their comments are referenced in a recent article published by the Daily Star.

Legislator Lorigo said, “Preventing media and the public from having access to mug shots is a clear infringement on First Amendment rights. This practice should remain at the Sheriff’s discretion and considered on a case by case basis. I’m urging Sheriff Howard to continue releasing mug shot photos, as they are public information that often helps in the apprehension of criminals and protection of the public.”

As of now, the Sheriff has not commented on the issue. A copy of Legislator Lorigo’s letter is here.