A socialist politician in New York City has claimed that ‘biological need’ gives shoplifters the right to steal.
State Assemblywoman Emily Gallagher, who describes herself as a ‘neighbourhood activist’ and supporter of the Democratic Socialists of America (DSA), made her remarks outside Manhattan Criminal Court on Thursday, the New York Post reported on Saturday.
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
She received support from members of Court Watch NYC, who claimed that they had observed hundreds of initial court appearances and found that half of the cases concerned minor offences. Gallagher said, among other things:
‘Most of what we saw were poverty-related crimes – people stealing things like toothpaste, people stealing things like, you know, soap. And that means that if you are stealing things like that, you need them. And we are choosing to protect billion-dollar corporations, like CVS and Walgreens, over the people who are struggling to get by.
So I would say that the real crime is that there is such an incredible disparity of wealth in this city that there are people who can be thrown in jail simply because they have a biological need.’
The DSA member said that she would continue to work for sentences based on ‘treatment over incarceration’.
Gallagher overlooked the fact that first-time offenders who commit shoplifting are rarely given prison sentences, and that the failure to enforce offences of this kind has forced many pharmacies to lock up their products. The same is happening in grocery stores, which have to lock up expensive goods.
She went on to say that she is fighting to ‘pass measures such as treatment instead of incarceration, and for us to hold on to the incredible criminal justice reforms that we have implemented over the past 10 and 20 years,’ and believes that such reforms ‘are constantly threatened by right-wing media trying to create fear of people who are really just in a completely desperate situation.’
The remarks prompted immediate reactions on social media. As one person writes on X:
‘The entire foundation of a civilised society rests on private property, property rights and the prohibition of theft. If theft were legalised, society would literally disintegrate overnight. Theft should be punished SEVERELY.’
Another X user wrote the following:
‘You know what else causes people to lose their jobs? Unrestrained shoplifting. Our nearest pharmacy closed because of uncontrolled shoplifting. All the employees lost their jobs. Now all the elderly people in my neighbourhood have lost their nearest pharmacy.
Last year I witnessed a guy take all the toothbrushes and all the tubes of toothpaste from my local CVS. He did not do that for his own oral hygiene. He did it to resell them.’
Since Gallagher is affiliated with the DSA, some shop customers refer to New York City Mayor Zohran Mamdani.
‘It is foolish to think that you should not be punished for theft. It is a crime. Mamdani can introduce this in his [municipal grocery stores], so if you do not have what you need, you can go there and get it for free,’ said Pastor Susan Webb (68).
Edwin Pichado (33), who is the manager of a supermarket, said that Gallagher lives in a fantasy world.
‘The rent is high. You have to pay employees’ wages and electricity bills. The goods go out, but no money comes in. We cannot run a business that way. If they see that you do nothing, they will keep coming back. They tell their friends, and then it becomes chaos.’
There are several signs of an emerging conflict between moderate Democrats and outright socialists who support the DSA. This could also have consequences in the important midterm elections in November, guest Alexander Hvass from Georgia, USA, said on Friday’s Dagsorden.