Huffington Post – by Jane Janeczko
A 29-year-old film student is suing the NYPD after he was ticketed and parts of his video equipment were confiscated while filming a documentary about Sunset Park outside a police precinct.
The Daily News reports Justin Thomas, a graduate student at Manhattan’s School of Visual Arts, was shooting B-roll footage for the documentary outside Brooklyn’s 72nd Precinct on April 19, when an officer abruptly stopped him.
The officer, identified in Thomas’ lawsuit as NYPD Sergeant Viet Cato, approached him and wrongly informed Thomas that he needed a permit to film the building. Thomas refused to turn off his camera, stating that he was within his rights to film at that location. Cato and another officer then confiscated Thomas’ cell phone and camera and removed one of the camera’s memory cards.
Latinos Post reports that the NYPD Patrol Guide clearly states:
“Members of the service will not interfere with the videotaping or the photographing of incidents in public places. Intentional interference such as blocking or obstructing cameras or harassing the photographer constitutes censorship.”
Not realizing another memory card was still intact, the entire incident was recorded by Thomas’ friend. Lawyers for Thomas at Rankin & Taylor, PLLC later uploaded the video to YouTube.
The audio cuts in and out, but several phrases including “turn it off” and “jeopardize the security of everyone” are clearly discernible.
Thomas spent three hours in police custody, during which, he was questioned, fingerprinted, and ticketed for obstructing government administration.
The District Attorney’s office later dismissed the charges.
“The public’s right to record police activity has been well established in the law,” saidThomas’ lawyer David Rankin. “But the NYPD clearly views itself above the law and the constitution in its interference with the press and the film making community.”
Thomas’ suit, filed Wednesday, states that the NYPD violated his first amendment rights.
“I’m standing up for myself because I don’t think I should have been detained or arrested for this,” Thomas said in a statement made from outside the 72nd Precinct on Wednesday. “But I’m also standing up (for) all of us as photographers and filmmakers; we have every right to film on a public street.”
http://www.huffingtonpost.com/2013/11/07/justin-thomas-nypd_n_4234044.html
Is this cop even American or is he UN? So now I need a permit to film in the streets or at a police station? BAHAAHAHAAHAAHA!!!
And then this Asian cop decides to put his hand on the guy’s shoulders. I would have slapped it away. Of course he would have said, “Now, I’m arresting you for assaulting a police officer and resisting arrest”.
Of course if I would have put my hand on the cops chest, OH NO! He wouldn’t like that. But if he does it to me, when I’m doing nothing, then it’s different. I see how it is. The “I am god” attitude.
By the way, why does the audio keep fading in and out?
Back in 1970 I was a freshman at School of Visual Arts and I had a project to do for my Environmental Studies class (which was my favorite class), and my project was to study on film the Brooklyn Subway/Elevated subway system from start to finish, which was shooting footage of old cars in storage. When I left the train station I was met by Transit Authority cops who confiscated my film and the school’s 35mm camera–later though I got it back and was only intimidated, not arrested. Mind you, this was 1970, not post-911/Patriot Act 2013…This sorta thing used to happen to art students all the time, and I am damned glad the charges were dismissed. Also glad SVA students are still doing good work.