Socialist New York Assemblywoman Emily Gallagher has argued that people who steal basic products such as toothpaste and soap are driven by “biological need” and should not be thrown in jail.
Gallagher, a Brooklyn Democrat and member of the Democratic Socialists of America, made the remarks Thursday during a press conference outside Manhattan Criminal Court.
The event was organized alongside Court Watch NYC, which said it had monitored 360 arraignments over four days and found that more than half involved misdemeanor offenses.
“Most of what we saw were crimes of poverty-people who are stealing things like toothpaste, people who were stealing things like, you know, soap.
“And that means if you’re stealing those things, you need them,” Gallagher said.
“We are choosing to protect billion-dollar companies, like CVS and Walgreens, over the people who are struggling to get by.”
”So I would say that the true crime is that there is such incredible wealth disparity in this city that there are people who can be thrown in jail simply for having a biological need.”
Watch the clip below:
No one should be arrested—much less jailed—for stealing a tube of toothpaste.
Incarceration separates people from their jobs, support services, & loved ones. It perpetuates cycles of poverty & crime.
That’s a fact, no matter how much fear mongering the right wing media does. pic.twitter.com/WjyEPGIXqU
— Emily Gallagher (@EmilyAssembly) August 13, 2026
The video has attracted over four million views on the X platform.
Gallagher said she would continue pushing a “treatment-not-jail” approach to low-level offenses.
Today’s cover: Socialist NY lawmaker Emily Gallagher says shoplifting for ‘biological need’ is OK https://t.co/eza6XgAKyp pic.twitter.com/zp8lSHCjCv
— New York Post (@nypost) August 16, 2026
She also joined other left-wing lawmakers and activists in urging socialist New York City Mayor Zohran Mamdani to follow through on his campaign promise to end “broken windows policing.”
The policing strategy focuses on enforcing lower-level and quality-of-life offenses, including fare evasion and graffiti, on the theory that tolerating smaller crimes contributes to broader disorder.
Gallagher has represented Brooklyn’s 50th Assembly District since 2021 and is a member of the Democratic Socialists of America.
Her comments come as New York retailers have spent years grappling with shoplifting and organized retail theft, with many pharmacies resorting to placing everyday products behind locked barriers.
NYPD figures nevertheless show retail theft falling this year. As of August 9, reported retail theft was down 14.7 percent compared with the same period in 2025, while petit larceny was down 5.4 percent.
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