Suffolk proposal would add penalties for street racing crowds

Spectators at illegal street racing events in Suffolk County could be held criminally liable under proposed legislation that aims to crack down on the "Fast & Furious" meetups.

The proposal would allow police to arrest spectators in addition to the drivers who are illegally racing, a problem officials say has amplified in recent months across the county. Any participant could be charged with second-degree reckless endangerment, a misdemeanor punishable by up to 6 months in jail or a fine of up to $600, according to the legislation.

Suffolk County District Attorney Ray Tierney said the legislation is "the culmination" of meetings between his office, the county executive, legislators and police officials after recent incidents.

"Drivers don’t do these stunts alone," Tierney said in a statement. "Spectators with them shut down intersections, film the stunts for social media, harass and assault first responders and block vehicles being lawfully operated on our roadways."

On Thursday, the Suffolk Legislature’s public safety committee discussed the introductory resolution as some officials described ongoing street racing as "egregious" and "outrageous."

The proposed legislation says current penalties "do not adequately serve to protect public safety and deter individuals from participating in these types of events."

The committee voted to discharge the resolution without recommending whether the legislature should pass it.

Suffolk County Executive Edward P. Romaine said the legislation "will help stop the scourge of these dangerous and often violent events."

But attorney Robert Macedonio, of Islip Terrace, whose firm has represented people charged in street racing incidents, said the legislation "seems to be a bit of overreach." He said that in each case his firm handled, it has been a driver charged.

He said he believes the legislation could be unconstitutional.

"What’s your actual criminal act? Observing something?" he said.

The proposed legislation adds a definition of "street takeover," which includes blocking or impeding traffic to allow racing or other "stunt behavior" such as doughnuts or burnouts. It also expands the definition of participation of an event to include organizing, facilitating or promoting.

Any person within 200 feet of a race, "sideshow" or street takeover can be held liable under the proposed legislation.

"If you're a spectator, you're part of it," said Legis. Steven Flotteron (R-Brightwaters), who added that the proposed changes make it easier to prosecute cases and for vehicles involved in street racing to be seized.

It does not apply to private property if the property owner consents.

Last month, county officials announced the formation of a street racing task force. The announcement came after police arrested two men who had participated in a street takeover in Islip several days earlier that left a police officer injured, Newsday previously reported. One car caught fire in one of several collisions during that event as street racers fled an area near Sunrise Highway, Suffolk police said.

In October, a Roosevelt teen was arrested for third-degree unlawfully fleeing a police officer and reckless endangerment after a street race at a Patchogue shopping center, one of several in Brookhaven Town that night, police and town officials previously told Newsday.

By Joe Werkmeister

joe.werkmeister@newsday.com

Joe Werkmeister covers the towns of Southampton, East Hampton and Shelter Island. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.

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