CW: Lieutenant Michael DeLong, was suspended after being videotaped directing a vile, misogynist insult at a woman outside a convenience store. DeLong called the woman a “disrespectful little fucking cunt” when she questioned how police were handling a man in distress outside the store who has a history of drug and mental health issues. The woman taking the video was upset about the size of the police response to the scene. DeLong was suspended the day after the June 28 incident for 30 days without pay for his insult, then, under state law, was returned to the payroll while remaining under suspension. He was paid about $63,000 while awaiting an arbitration hearing in which the city was expected to ask that DeLong be further disciplined or fired.

On June 24th, 2020, a handful of people were gathered at Niagara Square as part of a multi-day peaceful protest in response to police brutality. While exercising their First Amendment right to peacefully assemble, Buffalo police officers arrived at Niagara Square around 2:00 am and began unlawfully arresting the protestors.

Outcome

Each protestor was charged with violations of two City of Buffalo ordinances, laws or regulations, section 309-15[A], sleeping in "any park or park approach," and 309-25[A], remaining in a park, playground, or public school ground beyond open hours, a non-criminal offense punishable as a "Class C fine in the amount of $52.50."

Niagara Square is neither a "park," "park approach," "playground," nor a "public school ground" as defined in the Buffalo City Code, such that the sections 309-15[A] and 309-25[A] would apply to the protestors and prohibit their otherwise protected right of assembly at Niagara Square. Subsequently, in Buffalo City Court, all charges were dismissed for facial insufficiency.

The case was settled for $31,5000.

According to Buffalo News, forty-seven out of fifty-seven arrests made during George Floyd / BLM protests in the summer of 2020 were either dismissed or "given adjournments" and were considered for dismissal. Very few went all the way through court proceedings.