MAYBE THE ZOMBIES ATE THEM: We've devoted a slew of bits to the case of Big Island blogger Damon Tucker's beating and arrest- allegedly at the hands of the Hawai`i County Police Department (HiPD)- for, as Tucker claims, photographing a melee outside a Pahoa bar last August after being told to stop doing so.
But even though it appears that Tucker was well within his rights to take photos in a public place, the charges of obstructing police operations is going forward, despite the fact that it appears from the video that he was across the street from all the "action."
The statement from the HiPD that "(t)he Hawaii Police Department recognizes that the media and the public have every right to photograph police activity in a public place from a safe distance" indicates that they do know that Photography Is Not a Crime, as the national clearinghouse website of the same name states.
But apparently that is not the case in Los Angeles where the LA Sheriff’s Department is being sued by the ACLU of Southern California "alleging they harassed, detained and improperly searched photographers taking pictures legally in public places," according to the LA Times.
The article states that:
The federal lawsuit alleges the Sheriff's Department and deputies "have repeatedly" subjected photographers "to detention, search and interrogation simply because they took pictures" from public streets of places such as Metro turnstiles, oil refineries or near a Long Beach courthouse.
"Photography is not a crime. It's protected 1st Amendment expression," said Peter Bibring, senior staff attorney for the American Civil Liberties Union of Southern California. "It violates the Constitution's core protections for sheriff’s deputies to detain and search people who are doing nothing wrong. To single them out for such treatment while they’re pursuing a constitutionally protected activity is doubly wrong."
Bibring said the policy and practices of the Sheriff's Department reflect a widespread misuse of "suspicious activity reporting" under the auspices of Homeland Security and counterterrorism. Similar suits have been filed in several other states.
Note that it's alleged that it's not isolated incidents but a policy of the department that is the subject of the suit.
The problem is that it's apparent in our reading of the lawsuit itself that either the cops are complete imbeciles who can't tell real terrorism threats from things like photographing innocuous locations or else they are using the law to harass people who won't kow-tow to abuse of their authority.
We suspect the latter.
Don't believe it? Here's more from the same lawsuit:
In another incident, deputies detained and searched Shane Quentin, a photographer with a master's in fine arts from UC Irvine while he was taking pictures of brilliantly lighted refineries in South Los Angeles on Jan. 21. Deputies frisked Quentin and placed him in the back of a police cruiser for about 45 minutes before releasing him. Two years before, Quentin had been ordered twice by deputies to stop taking photos of the refineries, according to the suit.
With the exception of a few bad actors, we on the neighbor island get accustomed to encountering officers who are genurinely trying to protect and serve and take seriously their responsibility to refrain from trampling on citizens' rights in trying to put away the bad guys.
But as our population grows, we're forced more and more to recruit new officers from the same mainland climes where these kinds of attitudes lead to having a populace that is alienated from the paramilitary operation which is supposed to keep them safe without making for an "us" vs. them" paradigm.
We're not sure what's going on inside the HiPD as far as Tucker's obstruction case goes. We sure hope that they are considering abandoning Tucker's prosecution and even repremanding the officers and instituting training on how to handle such situations without escalating them into news-worthy events.
But as Tucker waits for the resolution of the criminal charges and readies his civil suit, this federal lawsuit is going to be one to watch, not just for us but for HiPD as they wrestle with their own in a department that has had more than its share of bad actors over the years.
Showing posts with label Police misconduct. Damon Tucker. Show all posts
Showing posts with label Police misconduct. Damon Tucker. Show all posts
Wednesday, November 2, 2011
Thursday, August 11, 2011
COULD YOU REPEAT THAT FOR THE WEST COAST?
COULD YOU REPEAT THAT FOR THE WEST COAST?: We'd sure would have liked to be a fly on the wall at Hawai`i Island Police Department (HIPD) headquarters when officer James Waiamau got his chewing out, most likely not for what appears to be the actual beating and arrest of Damon Tucker- yeah, we're making a week of it and you'll see why- but for being so stupid as to pick a guy who has a fair-sized megaphone... a guy you'd think Waiamau would or should have known (although many think he and they knew exactly whom they were harassing).
Presumably, with the state-wide publicity and the official HIPD release saying it "recognizes the media and the public have every right to photograph police activity in a public place from a safe distance," you'd pretty much think that the cost of defending, much less settling, Tucker's probable lawsuit would have everyone on their best behavior, especially if a "photographing in public" incident comes up again.
Moreover you'd think that when they found out that they had a problem with the report number on Tucker's "Obstructing a Government Operation" summons that he received upon leaving the cell block, the officer they sent to give him the corrected paperwork would have some semblance of an idea of what to do and not to do if someone was there with a video camera.
But there it is- a video, shot by Big Island Video News' (BIVN) David Corrigan in which Officer K. Veincent orders Tucker to tell Corrigan to stop video taping.
Tucker was there for an interview with BIVN and apparently had agreed to meet up with Veincent there too... at the "scene of the crime." About five minutes into the piece a red late model Dodge Charger with a blue roof light pulls up and Tucker leans into the passenger window.
He then turns around, looks into the camera and says "He doesn't want you video taping- he doesn't see the reason why."
The first part is insane enough- police are presumed to have the "persuasive power" so an illegal request comes under harassment and misconduct. But the fact that Veincent presumes that the videographer has to have a reason to continue makes you wonder who the heck is in charge down at HIPD headquarters.
As to the rest of the interview- which was attended by Barbara Lively the legislative assistant to Hawai`i County Councilman Fred Blas- Tucker, visibly shaken during and after the meeting with Veincent, shows clearly where the beating and arrest took place as he goes through a "walking tour" of the chronology of the incident.
Then at the end of the piece, he can be seen fighting back tears and saying "as you can see I'm clearly across the street... The fight happened right over here (pointing) so I'm way far away from where the fighting was."
Judging by the official statement, somebody at HIPD clearly recognizes, if not what the right thing to do when an officer comes across someone taping their activities from a "safe distance" is, then at least what it's going to cost the county.
But Veincent quote possibly just put another "zero" at the right of the figure that Tucker will ultimately receive by continuing the harassment and intimidation.
We've been pretty critical of our own Kaua`i Police Department and some of the clearly knuckle-headed, bad policy and bad publicity actions over the years. But they've got a ways to go in the goon department to catch up with their brethren at the other end of the state.
Presumably, with the state-wide publicity and the official HIPD release saying it "recognizes the media and the public have every right to photograph police activity in a public place from a safe distance," you'd pretty much think that the cost of defending, much less settling, Tucker's probable lawsuit would have everyone on their best behavior, especially if a "photographing in public" incident comes up again.
Moreover you'd think that when they found out that they had a problem with the report number on Tucker's "Obstructing a Government Operation" summons that he received upon leaving the cell block, the officer they sent to give him the corrected paperwork would have some semblance of an idea of what to do and not to do if someone was there with a video camera.
But there it is- a video, shot by Big Island Video News' (BIVN) David Corrigan in which Officer K. Veincent orders Tucker to tell Corrigan to stop video taping.
Tucker was there for an interview with BIVN and apparently had agreed to meet up with Veincent there too... at the "scene of the crime." About five minutes into the piece a red late model Dodge Charger with a blue roof light pulls up and Tucker leans into the passenger window.
He then turns around, looks into the camera and says "He doesn't want you video taping- he doesn't see the reason why."
The first part is insane enough- police are presumed to have the "persuasive power" so an illegal request comes under harassment and misconduct. But the fact that Veincent presumes that the videographer has to have a reason to continue makes you wonder who the heck is in charge down at HIPD headquarters.
As to the rest of the interview- which was attended by Barbara Lively the legislative assistant to Hawai`i County Councilman Fred Blas- Tucker, visibly shaken during and after the meeting with Veincent, shows clearly where the beating and arrest took place as he goes through a "walking tour" of the chronology of the incident.
Then at the end of the piece, he can be seen fighting back tears and saying "as you can see I'm clearly across the street... The fight happened right over here (pointing) so I'm way far away from where the fighting was."
Judging by the official statement, somebody at HIPD clearly recognizes, if not what the right thing to do when an officer comes across someone taping their activities from a "safe distance" is, then at least what it's going to cost the county.
But Veincent quote possibly just put another "zero" at the right of the figure that Tucker will ultimately receive by continuing the harassment and intimidation.
We've been pretty critical of our own Kaua`i Police Department and some of the clearly knuckle-headed, bad policy and bad publicity actions over the years. But they've got a ways to go in the goon department to catch up with their brethren at the other end of the state.
Monday, August 8, 2011
(PNN) TUCKER SAY HE WAS FILMING A FIGHT FROM ACROSS THE STREET WHEN BEATEN, ARRESTED BY COPS
(PNN) -- Aug 8 -- Damon Tucker, the reporter/blogger who says he was severely beaten by Hawai`i Island police Friday night. says he was across the street taking picture of an altercation between two women when he was "blindsided and taken down" and then arrested by a Hawai`i Police Department (HPD) officer.
In an email response to PNN inquiries Tucker said that "I was taking pictures of folks leaving a concert a fight broke out (sic)... people were breaking things up... cops moved in and I was across the street taking pictures of it all.
Tucker says that he had left the venue where he was covering a "Red Eye Blind" concert in Pahoa when "(o)ne cop came over to tell me to put the camera down... so I complied... he left... 15-20 seconds later I started filming again and I got blindsided and taken down."
He said it was a younger officer who originally asked him to stop filming and a much bigger and veteran one who "roughed me up"- the latter being the same officer who arrested, booked and processed him at the police station,
Tucker, who is well known in Pahoa, says he was wearing a shirt with his name on it in the form of his twitter address and tried to identify himself to the officer whom he says accosted and arrested him.
"I tried to tell the officer who I was... he would have none of it" Tucker said in the email. "(W)hen we were at the station he asked if I had an official 'Reporters Badge' or something to that effect and I said no... I run local blogs and I'm a well known blogger throughout all of Hawaii."
There is no state or national "certification" for who is or isn't a reporter or journalist although some local police departments do issue "press passes," usually solely in order to allow reporters inside police lines, but not to confer any first amendment "freedom of the press" rights, which are federally protected and not "conferred" by police.
Tucker says he started filming because a fight had broken out outside the club.
"Two girls were fighting," he wrote, and "from what I have now heard... one girl got hit with a bottle. I was leaving the club and heard the commotion and turned around and started to film from my iPhone, at least one of the girls I saw at the station."
Apparently Tucker was not in close proximity to the police action and was within his constitutional rights to film from a public sidewalk whether he was a "reporter" or not.
He described what happened after he was beaten.
"I was in cuffs outside the club for about 30 minutes while the cops continued to diffuse the more dangerous situation. After that situation was diffused they brought me down to the police station... where the younger officer had to look in a book to find something to charge me with. At about 45 minutes into the booking... I asked if I could use the bathroom... officer said sure... empty your pockets... and then through(sic) me into a jail cell with no cot or anything for nearly 45 minutes. I was then released on my own PR (sic) given the summons I posted on my blog and left with the assistance of an officer on duty who dropped me off close enough to my house so that I could have a cigarette on the way home and not startle everyone in the neighborhood or shame folks by me being brought home by a police officer at 2:00 in the morning."
In addition to the gruesome picture that Tucker posted on his blog, Reporter Tiffany Edward Hunt also took pictures of Tucker and posted them at her "Big Island Chronicle." site.
She also posted an "Open letter to Police Chief Harry Kubojiri" on Saturday asking for "a statement regarding Damon Tucker’s account of police brutality for taking photos in Pahoa last night," which she says was emailed to the chief, a spokeswoman for the police department and the mayor’s office.
On Sunday Tucker posted pictures of what he said were the bloody, dirt-caked clothing he was wearing during the incident.
The email to PNN was also sent to a national clearinghouse web site called "Photography Isn't A Crime," which documents incidents of harassment by police and others of both reporters and citizens for legally taking picture in public places. The web site says its purpose is to "educate everyone about the rights and responsibilities of photographers."
This is not Tucker's first run-in with police while covering news and taking photos. On Christmas Eve, 2008 Tucker was investigating complaints of violations of the American with Disabilities Act at Pahoa Post Office when a HPD officer threatened him and forced him to delete pictures Tucker had taken of the parking lot and the officer.
Tucker has said he will be seeking legal counsel today and filing a lawsuit.
In an email response to PNN inquiries Tucker said that "I was taking pictures of folks leaving a concert a fight broke out (sic)... people were breaking things up... cops moved in and I was across the street taking pictures of it all.
Tucker says that he had left the venue where he was covering a "Red Eye Blind" concert in Pahoa when "(o)ne cop came over to tell me to put the camera down... so I complied... he left... 15-20 seconds later I started filming again and I got blindsided and taken down."
He said it was a younger officer who originally asked him to stop filming and a much bigger and veteran one who "roughed me up"- the latter being the same officer who arrested, booked and processed him at the police station,
Tucker, who is well known in Pahoa, says he was wearing a shirt with his name on it in the form of his twitter address and tried to identify himself to the officer whom he says accosted and arrested him.
"I tried to tell the officer who I was... he would have none of it" Tucker said in the email. "(W)hen we were at the station he asked if I had an official 'Reporters Badge' or something to that effect and I said no... I run local blogs and I'm a well known blogger throughout all of Hawaii."
There is no state or national "certification" for who is or isn't a reporter or journalist although some local police departments do issue "press passes," usually solely in order to allow reporters inside police lines, but not to confer any first amendment "freedom of the press" rights, which are federally protected and not "conferred" by police.
Tucker says he started filming because a fight had broken out outside the club.
"Two girls were fighting," he wrote, and "from what I have now heard... one girl got hit with a bottle. I was leaving the club and heard the commotion and turned around and started to film from my iPhone, at least one of the girls I saw at the station."
Apparently Tucker was not in close proximity to the police action and was within his constitutional rights to film from a public sidewalk whether he was a "reporter" or not.
He described what happened after he was beaten.
"I was in cuffs outside the club for about 30 minutes while the cops continued to diffuse the more dangerous situation. After that situation was diffused they brought me down to the police station... where the younger officer had to look in a book to find something to charge me with. At about 45 minutes into the booking... I asked if I could use the bathroom... officer said sure... empty your pockets... and then through(sic) me into a jail cell with no cot or anything for nearly 45 minutes. I was then released on my own PR (sic) given the summons I posted on my blog and left with the assistance of an officer on duty who dropped me off close enough to my house so that I could have a cigarette on the way home and not startle everyone in the neighborhood or shame folks by me being brought home by a police officer at 2:00 in the morning."
In addition to the gruesome picture that Tucker posted on his blog, Reporter Tiffany Edward Hunt also took pictures of Tucker and posted them at her "Big Island Chronicle." site.
She also posted an "Open letter to Police Chief Harry Kubojiri" on Saturday asking for "a statement regarding Damon Tucker’s account of police brutality for taking photos in Pahoa last night," which she says was emailed to the chief, a spokeswoman for the police department and the mayor’s office.
On Sunday Tucker posted pictures of what he said were the bloody, dirt-caked clothing he was wearing during the incident.
The email to PNN was also sent to a national clearinghouse web site called "Photography Isn't A Crime," which documents incidents of harassment by police and others of both reporters and citizens for legally taking picture in public places. The web site says its purpose is to "educate everyone about the rights and responsibilities of photographers."
This is not Tucker's first run-in with police while covering news and taking photos. On Christmas Eve, 2008 Tucker was investigating complaints of violations of the American with Disabilities Act at Pahoa Post Office when a HPD officer threatened him and forced him to delete pictures Tucker had taken of the parking lot and the officer.
Tucker has said he will be seeking legal counsel today and filing a lawsuit.
Sunday, August 7, 2011
(PNN) COPS BEAT, ARREST REPORTER FOR TAKING PHOTOS OUTSIDE CONCERT IN PAHOA
(PNN) COPS BEAT, ARREST REPORTER FOR TAKING PHOTOS OUTSIDE CONCERT IN PAHOA
(PNN) -- Aug 7 -- Big Island reporter and blogger Damon Tucker was severely beaten by police and arrested for "hindering a government operation" Friday night while taking pictures from a public sidewalk outside a concert he was covering in Pahoa.
According to a post on his popular Damon Tucker's Blog "the police have now confiscated my camera and cell phone as well as roughing me up and locking me up in a police detention holding cell for taking video and pictures of them in action from the sidewalk in front of Pahoa Village Cafe."
Seven pictures posted yesterday, taken by Tucker's wife upon his return from the emergency room, show apparent multiple deep abrasions scraps and bruises on all of his extremities and torso.Tucker says his right shoulder is damaged, he is limping on his left leg and is in severe pain.
He says that he took the pictures on his cell phone which was confiscated by police as "evidence," as was his camera which he was not using.
Tucker wrote that he will "be filing a lawsuit against the Hawaii County Police department soon for a few things."
In his Friday night post Tucker wrote that:
People are allowed to take pictures and videos of police officers w/out getting roughed up. I’m battered, bruised and bloody from an officer slamming on the sidewalk… Thankfully I have eyewitnesses that will come forward to say what happened.
My wife took pictures shortly after I was released from jail tonight…
I just want my cell phone back and camera back…. I was rolling video when the officer took me down and they took my cell phone and camera from me for “Evidence”.
This is not Tucker's first run-in with police while covering news and taking photos. On Christmas Eve, 2008 Tucker was investigating complaints of violations of the American with Disabilities Act at Pahoa Post Office when a HPD officer threatened him and forced him to delete pictures Tucker had taken of the parking lot and the officer.
Tucker declined further comment for now saying he is weighing his options and will post again about the incident on his blog. He is due to appear in court on September 8.
(PNN) -- Aug 7 -- Big Island reporter and blogger Damon Tucker was severely beaten by police and arrested for "hindering a government operation" Friday night while taking pictures from a public sidewalk outside a concert he was covering in Pahoa.
According to a post on his popular Damon Tucker's Blog "the police have now confiscated my camera and cell phone as well as roughing me up and locking me up in a police detention holding cell for taking video and pictures of them in action from the sidewalk in front of Pahoa Village Cafe."
Seven pictures posted yesterday, taken by Tucker's wife upon his return from the emergency room, show apparent multiple deep abrasions scraps and bruises on all of his extremities and torso.Tucker says his right shoulder is damaged, he is limping on his left leg and is in severe pain.
He says that he took the pictures on his cell phone which was confiscated by police as "evidence," as was his camera which he was not using.
Tucker wrote that he will "be filing a lawsuit against the Hawaii County Police department soon for a few things."
In his Friday night post Tucker wrote that:
People are allowed to take pictures and videos of police officers w/out getting roughed up. I’m battered, bruised and bloody from an officer slamming on the sidewalk… Thankfully I have eyewitnesses that will come forward to say what happened.
My wife took pictures shortly after I was released from jail tonight…
I just want my cell phone back and camera back…. I was rolling video when the officer took me down and they took my cell phone and camera from me for “Evidence”.
This is not Tucker's first run-in with police while covering news and taking photos. On Christmas Eve, 2008 Tucker was investigating complaints of violations of the American with Disabilities Act at Pahoa Post Office when a HPD officer threatened him and forced him to delete pictures Tucker had taken of the parking lot and the officer.
Tucker declined further comment for now saying he is weighing his options and will post again about the incident on his blog. He is due to appear in court on September 8.
Friday, December 26, 2008
TRACKING TROUBLE
TRACKING TROUBLE: Although Kaua`i is called the separate kingdom each island has a different character and culture all its own.
And with the explosion of blogging nowhere is there a more diverse community of news and political bloggers than the Big Island.
And whether they are reporters who blog or bloggers who report, that can lead to trouble for the local power structure, as self described blogger-who-reports Damon Tucker found out when he went to check out possible violations of the Americans With Disabilities Act (ADA) at the Pahoa post office the day before X-mas.
As he took pictures of trash blocking the handicapped parking area and the hard-to-access, possibly non-compliant ramp all hell broke loose when an ever vigilant local postal employee took it upon himself to dub poor Damon a terrorist rather than allow him to make trouble for them over their handicapped set-up..
Here’s how Tucker described what happened next:
I was on my way out to my car, when this guy comes running up to me…
“Brah… what you doing?” He says
“Taking Pictures of the Post Office” I say
“Brah… This one Federal Building… that’s against the Law… Stick around… I’m calling the cops!”
The guy goes in and calls the cops on me. I’m thinking how friggin ridiculous…but ok… let’s see what the cops say.
So I stick around and as the cops arriving, I take a picture of them arriving.
Lady cop: “What you taking a picture of me for… that’s harassment you know?”
I’m like what? Since when is taking a picture of a Police officer or a building considered Harassment…
Officer… I’ve asked you not to take my picture and you took it…
.
I’m like… I took the picture before you even got out of your car and said a word…
Officer…”ERASE THAT PICTURE NOW!”
So I show the lady officer (J. Lee) the picture that I took of her and then showed her that I deleted it… Just to appease her.
I then ask if she would like to see any of the pictures of the Post Office… she refuses.
Then she asks Postal Guy if they want to press Trespassing charges against me… Post Office guy says no… that’s ok… just don’t ever take pictures here again.
So my question to anyone and everyone… Is there anything illegal about taking pictures of a Post Office?
Who was Harassed? The Post Office… or Me?
Since when did taking pictures of outside of buildings and/or police officers become “harassment?”
Sheesh… to think I was only there to drop off a package… Is it my fault I always carry my camera?
Heck… Tiffany… You better erase those pictures you took inside of the Post Office for gods sake before the Goonsquad comes after you!
Just kidding.
I can’t believe this Post Office. Maybe it is time to file a federal ADA Suit against them
But although Damon might have left it there others were perhaps more outraged, especially other bloggers and journalists.
And when long time reporter-who-blogs Honolulu (or more precisely Ka`a`awa) Ian Lind picked up the story, Tucker was apparently inundated with emails prodding into filing a complaint.
But like on Kaua`i it’s not very apparent how to do that on the Big Island. If you go to the Hawai`i Police Department’s (HPD) web site, despite their apparent embracing of “Community Policing” there is no where to tell you where to file complaints regarding officer misconduct.
A search of the site however does produce, if not a description of the process at least a form to fill out to file an official complaint with the Hawaii Police Commissions
The form says:
The Police Commission investigates complaints of misconduct against officers or employees of the police department while on duty or acting under the color of authority. The complaint must be received in the commission’s office within 60 days of the incident. A request for an exception to the 60-day rule must be in writing with an explanation for the delay.
While he apparently hasn’t filed a complaint- which must be signed and notarized according to the form, Tucker has written us with a little more detail in an email today.
He was apparently taking the picture in a public place and had even asked and gotten permission from one post office employee to take one picture through an open door.
[Correction: Damon Tucker in fact was refused permission to take any pictures by the woman. We regret the mistake.
Clarification: Tucker's email said:
One of the post office ladies came out and was sorting mail and left the door open to the post office. I asked her if she would mind if I took a picture of the inside while the door was open, and she said no. I didn’t really think anything at this point and continued to my car. Then I took another picture of the Handicap stall and was about to take a picture of the employee parking lot which was by my car… when a gentlemen came scooting out and asked me what I was doing.
Tucker has clarified that he meant to communicate that she told him he did not have permission rather than meaning that she didn’t mind if he took a picture. ]
He says that when another employee came out he demanded to know why he was taking pictures.
Tucker wrote
“I told him I was taking pictures. He asked me what for. I told him that I liked to take Pictures. He then re-emphasized… why and what are you taking pictures for. I told him I have a blog and I’m reporting about the Post Office (just as I have been reporting about many businesses in Pahoa during the last week).”
The Post Office’s web site does have restrictions on “filming and still photography on postal service premises” saying
“(i)nformal snapshots from handheld cameras for personal use may be allowed at the discretion of the postmaster so long as there is no disruption to Postal Service operations and provided the pictures are taken from areas accessible to the public”.
Tucker was apparently neither disruptive nor taking pictures “on postal service premises” unless the parking lot is considered such.
Tucker actually waited for the officer to arrive perhaps thinking that a person knowledgeable about the law would set the postmaster straight that his discretion ends at the end of the premises and doesn’t extend into the public right-of way.
But never underestimate the ability of some authority figures to defend businesses from snoopy reporters or bloggers.
If the postmaster was out of line the HPD officer was apparently outright abusive in citing laws that don’t exist and exploitive of the power of her uniform
Ticker also expanded on his description of what happened after he “snapped” a picture of the officer, snapped seemingly being the operative phrase around the Pahoa PO that day.
After the officer’s claim of harassment and the erasure incident- i.e. the destruction of Tucker’s personal property- it apparently got even weirder.
I felt extremely intimidated and knowing that this was the day before Christmas and no time to be getting arrested for refusing to obey a police officer… I did as she asked...
She continued to belittle me and yell at me about me about taking pictures of her and the post office. I then asked her if she would like to see any of the pictures of the Post Office and she flat out refused to even look at any of those.
Apparently there was nothing Tucker was going to do to calm the officer down and he did what anyone is supposed to do when an officer abuses his or her authority- comply now and complain later.
But Tucker was apparently too open and honest about who he was and what he was doing because he volunteered more info which apparently infuriated the abusive officer even further
When I explained that I had a blog… she flew off the handle. She started yelling at me saying… “Your going to put my picture on your blog without my permission…etc…” at the top of her lungs. At which point I told her that I’m always putting people on my blog and that it was my right to do so.
Damn straight Damon (he said cheering him on from a safe distance).
She then let into me about how it was illegal for me to post her picture on my blog. I even made mention that I put pictures of all sorts of people on my blog including the Mayor himself. She got extremely pissed and said that… “Well the Mayor is a public figure!”
I didn’t want to continue on with her and I felt the easiest way to diffuse the situation was to just sit there and agree with her before she came up with some lame reason to try and arrest me. It was bad enough that she extorted me into deleting the picture… I didn’t want to go to jail on Christmas Eve.
The press deserves no special treatment outside of the performance of their “job” nor asks for it but bloggers who act as reporters are now covered by the new Hawai`i Reporter’s Shield Law which, says:
(Reporters) shall not be required by a legislative, executive, or judicial officer or body, or any other authority having the power to compel testimony or the production of evidence, to disclose, by subpoena or otherwise.
The fact that bloggers engaged in reporting are included indicates that constitutional freedom of the press extends to anyone acting in the role of the press.
The outrage over an earlier incident of police harassment of reporter/blogger Joan Conrow over her reporting has died down now but unless police allow citizen journalists to do their job as community watchdogs we’re all in for a long lonely slide to fascism as the government- especially though the constabulary- conspires with the corporate class join to keep us in the dark.
And with the explosion of blogging nowhere is there a more diverse community of news and political bloggers than the Big Island.
And whether they are reporters who blog or bloggers who report, that can lead to trouble for the local power structure, as self described blogger-who-reports Damon Tucker found out when he went to check out possible violations of the Americans With Disabilities Act (ADA) at the Pahoa post office the day before X-mas.
As he took pictures of trash blocking the handicapped parking area and the hard-to-access, possibly non-compliant ramp all hell broke loose when an ever vigilant local postal employee took it upon himself to dub poor Damon a terrorist rather than allow him to make trouble for them over their handicapped set-up..
Here’s how Tucker described what happened next:
I was on my way out to my car, when this guy comes running up to me…
“Brah… what you doing?” He says
“Taking Pictures of the Post Office” I say
“Brah… This one Federal Building… that’s against the Law… Stick around… I’m calling the cops!”
The guy goes in and calls the cops on me. I’m thinking how friggin ridiculous…but ok… let’s see what the cops say.
So I stick around and as the cops arriving, I take a picture of them arriving.
Lady cop: “What you taking a picture of me for… that’s harassment you know?”
I’m like what? Since when is taking a picture of a Police officer or a building considered Harassment…
Officer… I’ve asked you not to take my picture and you took it…
.
I’m like… I took the picture before you even got out of your car and said a word…
Officer…”ERASE THAT PICTURE NOW!”
So I show the lady officer (J. Lee) the picture that I took of her and then showed her that I deleted it… Just to appease her.
I then ask if she would like to see any of the pictures of the Post Office… she refuses.
Then she asks Postal Guy if they want to press Trespassing charges against me… Post Office guy says no… that’s ok… just don’t ever take pictures here again.
So my question to anyone and everyone… Is there anything illegal about taking pictures of a Post Office?
Who was Harassed? The Post Office… or Me?
Since when did taking pictures of outside of buildings and/or police officers become “harassment?”
Sheesh… to think I was only there to drop off a package… Is it my fault I always carry my camera?
Heck… Tiffany… You better erase those pictures you took inside of the Post Office for gods sake before the Goonsquad comes after you!
Just kidding.
I can’t believe this Post Office. Maybe it is time to file a federal ADA Suit against them
But although Damon might have left it there others were perhaps more outraged, especially other bloggers and journalists.
And when long time reporter-who-blogs Honolulu (or more precisely Ka`a`awa) Ian Lind picked up the story, Tucker was apparently inundated with emails prodding into filing a complaint.
But like on Kaua`i it’s not very apparent how to do that on the Big Island. If you go to the Hawai`i Police Department’s (HPD) web site, despite their apparent embracing of “Community Policing” there is no where to tell you where to file complaints regarding officer misconduct.
A search of the site however does produce, if not a description of the process at least a form to fill out to file an official complaint with the Hawaii Police Commissions
The form says:
The Police Commission investigates complaints of misconduct against officers or employees of the police department while on duty or acting under the color of authority. The complaint must be received in the commission’s office within 60 days of the incident. A request for an exception to the 60-day rule must be in writing with an explanation for the delay.
While he apparently hasn’t filed a complaint- which must be signed and notarized according to the form, Tucker has written us with a little more detail in an email today.
He was apparently taking the picture in a public place and had even asked and gotten permission from one post office employee to take one picture through an open door.
[Correction: Damon Tucker in fact was refused permission to take any pictures by the woman. We regret the mistake.
Clarification: Tucker's email said:
One of the post office ladies came out and was sorting mail and left the door open to the post office. I asked her if she would mind if I took a picture of the inside while the door was open, and she said no. I didn’t really think anything at this point and continued to my car. Then I took another picture of the Handicap stall and was about to take a picture of the employee parking lot which was by my car… when a gentlemen came scooting out and asked me what I was doing.
Tucker has clarified that he meant to communicate that she told him he did not have permission rather than meaning that she didn’t mind if he took a picture. ]
He says that when another employee came out he demanded to know why he was taking pictures.
Tucker wrote
“I told him I was taking pictures. He asked me what for. I told him that I liked to take Pictures. He then re-emphasized… why and what are you taking pictures for. I told him I have a blog and I’m reporting about the Post Office (just as I have been reporting about many businesses in Pahoa during the last week).”
The Post Office’s web site does have restrictions on “filming and still photography on postal service premises” saying
“(i)nformal snapshots from handheld cameras for personal use may be allowed at the discretion of the postmaster so long as there is no disruption to Postal Service operations and provided the pictures are taken from areas accessible to the public”.
Tucker was apparently neither disruptive nor taking pictures “on postal service premises” unless the parking lot is considered such.
Tucker actually waited for the officer to arrive perhaps thinking that a person knowledgeable about the law would set the postmaster straight that his discretion ends at the end of the premises and doesn’t extend into the public right-of way.
But never underestimate the ability of some authority figures to defend businesses from snoopy reporters or bloggers.
If the postmaster was out of line the HPD officer was apparently outright abusive in citing laws that don’t exist and exploitive of the power of her uniform
Ticker also expanded on his description of what happened after he “snapped” a picture of the officer, snapped seemingly being the operative phrase around the Pahoa PO that day.
After the officer’s claim of harassment and the erasure incident- i.e. the destruction of Tucker’s personal property- it apparently got even weirder.
I felt extremely intimidated and knowing that this was the day before Christmas and no time to be getting arrested for refusing to obey a police officer… I did as she asked...
She continued to belittle me and yell at me about me about taking pictures of her and the post office. I then asked her if she would like to see any of the pictures of the Post Office and she flat out refused to even look at any of those.
Apparently there was nothing Tucker was going to do to calm the officer down and he did what anyone is supposed to do when an officer abuses his or her authority- comply now and complain later.
But Tucker was apparently too open and honest about who he was and what he was doing because he volunteered more info which apparently infuriated the abusive officer even further
When I explained that I had a blog… she flew off the handle. She started yelling at me saying… “Your going to put my picture on your blog without my permission…etc…” at the top of her lungs. At which point I told her that I’m always putting people on my blog and that it was my right to do so.
Damn straight Damon (he said cheering him on from a safe distance).
She then let into me about how it was illegal for me to post her picture on my blog. I even made mention that I put pictures of all sorts of people on my blog including the Mayor himself. She got extremely pissed and said that… “Well the Mayor is a public figure!”
I didn’t want to continue on with her and I felt the easiest way to diffuse the situation was to just sit there and agree with her before she came up with some lame reason to try and arrest me. It was bad enough that she extorted me into deleting the picture… I didn’t want to go to jail on Christmas Eve.
The press deserves no special treatment outside of the performance of their “job” nor asks for it but bloggers who act as reporters are now covered by the new Hawai`i Reporter’s Shield Law which, says:
(Reporters) shall not be required by a legislative, executive, or judicial officer or body, or any other authority having the power to compel testimony or the production of evidence, to disclose, by subpoena or otherwise.
The fact that bloggers engaged in reporting are included indicates that constitutional freedom of the press extends to anyone acting in the role of the press.
The outrage over an earlier incident of police harassment of reporter/blogger Joan Conrow over her reporting has died down now but unless police allow citizen journalists to do their job as community watchdogs we’re all in for a long lonely slide to fascism as the government- especially though the constabulary- conspires with the corporate class join to keep us in the dark.
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