Penn. police ordered to apologize to man they harassed for filming them


On three separate occasions in 2007, Pennsylvania police detained, handcuffed and/or charged Richard Hookway after he videotaped them against their wishes, citing him for “harassment” and “disorderly conduct,” and telling him it was “against the law” to film police in public.

In November 2008, these same officers were forced to write a letter of apology to Hookway as well as undergo new training that would educate them on basic Constitutional rights. In fact, the two small-town police departments were required to draft new policies informing their officers that citizens have the right to film them.

Under the settlement guided by the ACLU, the East Vincent and Spring City police departments also had to each pay $3,200 for Hookway’s attorney fees.

It sounds to me as if they got off extremely easy. Even easier considering the media completely ignored this story with the exception of the local newspaper.

Hookway’s complaint states that he began filming the officers in late 2006 after he suspected them of  “spending time outside their respective jurisdictions, and running personal errands while on-duty and in uniform.”

On January 19, 2007, Hookway was pulled over and informed that he was suspicious because he had been filming the officers.

A few days later, he received citations in the mail for “harassment” and “disorderly conduct,”, which I will once again state is the fallback charge for all officers when they can’t think of an actual crime that was committed.

If you take a look through this site, you will see that the majority of people arrested for photographing or filming police were charged with disorderly conduct, including me (as well as eight other misdemeanors).

On Feb. 1, 2007, Hookway was once again pulled over after filming police making a traffic stop.

Officer Stofflet informed Mr. Hookway that videotaping police officers in the
conduct of their duties on a public street is “against the law” and that his conduct was a public
safety hazard, constituting harassment and disorderly conduct.

Officer Jones told Mr. Hookway, “You want to bother me, I’m going to bother
you,”
and informed Mr. Hookway that he would be receiving a citation for harassment and
disorderly conduct in the mail.

On Feb. 19th, he was pulled over once again after filming police making a traffic stop. This time he was handcuffed.

Officer Smythe told Mr. Hookway that he intended to charge him for videotaping
him, but he was calling the District Attorney’s Office to “make sure he could make these charges
stick.”

Officer Smythe kept Mr. Hookway handcuffed in the back of his patrol car for
over an hour.  During this time, Officer Smythe cursed at Mr. Hookway, threatened to confiscate
his car and his video camera, and otherwise taunted him.

The settlement states that these two police departments need to have completed and implimented their “Policy on Observation of Police” by January 15, 2009. I’ll see if I can get a copy and post it online in the hopes that other police departments will get the hint.

-30-

I am a multimedia journalist who has been fighting a lengthy legal battle after having photographed Miami police against their wishes in Feb. 2007. Please help the fight by donating to my Legal Defense Fund in the top left sidebar. And feel free to join my Facebook blog network to keep updated on the latest articles.

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Comments

Anonymous
Anonymous

You know, I have to tell you, I really enjoy this blog and the insight from everyone who participates. I find it to be refreshing and very informative. I wish there were more blogs like it. Anyway, I felt it was about time I posted, I

Anonymous
Anonymous

Eric,

Thanks for commenting. And for reading. Never hesitate to jump into the discussions. They’ve been good lately.

Anonymous
Anonymous

The only good news here is that the officers involved in harassing the photographer are being forced to acknowledge their behavior as wrong. In too many instances we’ve all read, a police department drops charges against a photographer, or they are obviated by a judicial figure. In most instances, there is no process by which individual officers are forced to articulate how their behavior was wrong.

But I agree with you entirely about the lack of financial redress.

If the ACLU acted as counsel for the photographer, then their staff time should be calculated, rated, and compensated by the police department. Same for the working hours used by the photographer in pursuing his case.

And that would be the lowest dollar figure that should have been contemplated.

Anonymous
Anonymous

joel: especially if any of those charges will show up on his records later on in life.

Anonymous
Anonymous

Disorderly conduct should be deleted from the books! I once was watching cops arrest someone and it was a total harassment job bordering on entrapment. I was 30 feet away, and one of the cops asked me what I was doing. I replied, “I think some of what you are doing is illegal.” His response: “Get out of here or you’re getting a disorderly conduct fine.”
Cops are not above the law, but they definitely exploit the fact that the average citizen doesn’t know the law inside and out.

Anonymous
Anonymous

March 1, 2009

Dear Carlos,
I was counsel for Plaintiff in Robinson v. Fetterman, the first case to establish a constitutional right to film police on duty.
Call me at 610-431-3288 if I can help you.

Anonymous
Anonymous

This guy needs to get a life. Following officers around to catch them doing personal errands, who cares. Just what were they doing that was so bad. Just because they are doing errands does that mean they are not available to respond to an emergency call. I use to go to the bank every payday and cash my check during my shift. I can’t tell you how many people called to complain that I was taking care of personal business on duty. Silly me, if I was standing in line at a bank I wouldn’t mind having a squad car parked out front and a police officer inside.

Anonymous
Anonymous

Yes Jones. I know you also do your laundry while on duty.

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