New York Assemblywoman Emily Gallagher is facing sharp criticism after suggesting that people who steal basic necessities such as soap and toothpaste should not face criminal penalties, arguing that such theft stems from “biological need” rather than criminal intent, the NY Post reports.

The Brooklyn Democrat made the remarks during a news conference outside Manhattan Criminal Court alongside fellow progressive elected officials and criminal justice advocates affiliated with Court Watch NYC. The group said it observed 360 arraignments over four days and found that more than half involved misdemeanor charges.

Gallagher, who represents Greenpoint and neighboring sections of northern Brooklyn, argued that many shoplifting cases involve individuals taking essential household items because they cannot afford them.

“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.

“And 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.”

Gallagher, a member of the Democratic Socialists of America, reiterated her support for policies emphasizing “treatment-not-jail” rather than incarceration. Her remarks came despite the fact that first-time shoplifting offenders rarely receive jail sentences and as many retailers have increasingly locked merchandise behind plastic security cases amid concerns over retail theft.

At the same event, Gallagher and several other progressive officials also urged Mayor Zohran Mamdani to fulfill his campaign pledge to eliminate so-called “broken windows policing,” a strategy that targets quality-of-life offenses such as graffiti, fare evasion, and other low-level crimes.

Many shoppers interviewed today at Food Universal supermarket in the Bronx’s Co-op City neighborhood reacted with disbelief, arguing that Gallagher’s comments would encourage theft while increasing costs for law-abiding consumers.

“It’s foolish to think one should not be punished for stealing. It is a crime,” said Rev. Susan Webb, 68.

“Mamdani can implement that in his [city-run grocery] stores, so if you don’t have the necessities, you can go there and get them for free.”

Critics also warned that weakening enforcement against shoplifting could reverse recent improvements in crime statistics. According to NYPD data through Aug. 9, retail theft has fallen 14.7% while petit larceny is down 5.4% compared with the same period last year.

Jeanette Mack, a 49-year-old academic adviser, said she believes Gallagher’s approach would only encourage additional theft rather than help those in need.

“People are going to feel entitled because they know they can walk in and walk out and nothing will happen,” she said.

“Allowing people to shoplift with no consequence is wrong. I’m a single mom and at one time I had four jobs. I would never think of stealing anything.

“They already closed a Rite Aid [drug store] around here. Now I’m worried that if they put that in place, they are definitely going to close this supermarket, and I would suffer because I’d have to drive to somewhere else instead of walking. And gas price nowadays, that’s another thing.”

Edwin Pichado, 33, who manages the supermarket, said Gallagher’s proposal ignores the economic realities facing retailers.

“Rent is high.” he said. “You have to pay workers, utilities. Goods going out, but no money coming in. We cannot run a business like that. If they see that you do nothing, they’ll keep coming back. They tell their friends, and it becomes a free for all.”

The controversy is the latest involving Gallagher, who has drawn attention since taking office in January 2021 for a series of unusual actions and public statements. Among them was a 2021 GoFundMe campaign seeking donations for emergency surgery for her cat, Roland.

Gallagher has also received numerous traffic and parking tickets despite advocating anti-automobile policies in Albany, and has been accused by critics of blocking constituents from commenting on her social media pages.

In 2024, Gallagher participated in an anti-Israel phone bank organized by the New Jersey chapter of American Muslims for Palestine, an organization whose leaders have been accused of making antisemitic statements and which is under investigation by Virginia’s attorney general over allegations of potentially funding terrorist organizations.

Gallagher’s latest comments drew swift condemnation from political opponents.

“People like Emily Gallagher try to obfuscate reality because they want to enable this very activity,” Queens Councilwoman Vickie Paladino wrote on X.

“They know it’s devastating to retail stores and that’s the point — they’re communists and want to use crime to force these stores to close. It’s social justice.”

“Soon enough we’ll be hearing about the need for government-run drug stores to replace the shops they drove out of business,” she added.

Former Queens Councilman Robert Holden also criticized Gallagher.

“[Gallagher] is a major dope,” wrote the moderate Democrat.

Queens Councilwoman Joann Ariola said businesses throughout New York City are already under significant financial pressure and warned that encouraging theft would only worsen the situation.

“This is the kind of backwards, left-wing lunacy I would expect from someone who values the rights of criminals more than those of business owners,” Ariola said. “Policies that Gallagher is pushing are exactly what’s driving so many of them away.”