Brooklyn, NY – The general counsel for the National Press Photographers Association says he is ready to take on the NYPD if allegations by a Brooklyn Orthodox Jewish photographer who claims that an NYPD officer deleted his pictures and damaged his equipment prove to be true.
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In an interview that aired on Zev Brenner’s Talkline show last night, Mickey Ostreicher spoke at length with Brenner about whether or not police officers have the right to restrict photographers from taking pictures of events that occur in public or to confiscate any footage they may have obtained.
The incident in question took place at approximately 3:30 PM on Wednesday, January 16th, when noted VIN News photographer Shimon Gifter heard of an incident that was taking place on Avenue M and E 15th Street.
“I had gotten word that an officer was in need of assistance, so I went to the scene,” Gifter told VIN News. “I was told that there had been a fight, involving about fifty people and that an officer had called for backup, but when I got there everything was pretty much over. I took a few pictures, although there wasn’t much to see, and then spent some time talking to a bystander, Dovid W.”
During that time Gifter and W. observed several police officers stopping a group of youths in front of the old Mountain Fruit location. Gifter took out his handheld video camera and began filming the proceedings.
The full interview with National Press Photographers Association Mickey Ostreicher.
“An officer came over and told me that I couldn’t take video because they were juveniles, but I pointed out to him that it wasn’t illegal for me to take video in public,” recalled Gifter. “He was an officer I had seen at other police scenes and he smiled at me and we fist pumped and I thought that was the end of the story.”
With his camera in one hand and his phone in the other, Gifter continued his conversation with W., but approximately five minutes later, W. noticed a group of five or six police officers approaching. According to W., one officer in particular looked over Gifter’s shoulder at his camera, starting smiling and then began to laugh, before he grabbed Gifter’s hand and pulled it behind his back, telling him he was under arrest.
“I asked them what I was under arrest for and he just keeps telling me I am under arrest,” said Gifter. “They took my camera and my phone and I told them that I am media and he asked to see my press pass but every time I put my hand in my pocket to get my press pass he kept telling me to take my hands out of my pocket.”
Gifter alleges that the officer in question, a sergeant with three stripes and a fifteen year veteran of the force, confiscated his camera, deleting everything that was on it before throwing it on the floor, in addition to damaging his BlackBerry.
Sammy Teitelbaum, who also witnessed the alleged attack, said that Gifter was handcuffed and put up against a wall during the altercation before he was finally released with a warning.
“I told them to give him a chance to talk and they told me if I say one more word, they will handcuff me as well,” reported Teitelbaum, who estimated that it was a group of five or six police officers who approached Gifter.
Teitelbaum, who said that he himself was at the location because he had seen the earlier fight and had stopped to offer assistance to the police officer who appeared to be having trouble controlling the crowd, said he couldn’t believe what he saw taking place before him.
“I thought I was in Russia, or someplace where there is no law, no nothing,” said Teitelbaum. “This is embarrassing for the badge. It doesn’t mean anything anymore. The police officer should be punished and his badge should be taken away.”
Sergeant Lee Jones of the Office of the Deputy Commissioner, Public Information confirmed to VIN News that the incident is currently under investigation by the NYPD’s Internal Affairs Division. No further comments from the NYPD are available about the alleged assault at this time.
In his conversation with Brenner, Ostreicher said that Gifter was within his rights in videotaping the police stop, even though it involved juveniles and that according to the NYPD patrol guide, police officers did not have the right to ask Gifter to stop filming, nor did they have the right to delete anything from his camera.
Gun rights are taken away then you’re stripped from your rights and are powerless as a people. There’s no recourse.
Beginning of the end, folks. We warned you.
Something is rotten in that particular police precinct (Avenue M area), where this incident took place. It was only a little over two years ago, also in same police precinct, that a religious Jew was harassed on Shabbos on Kings Highway & E. 15th St., because he was allegedly jaywalking. The cop made him sign the ticket on Shabbos, and threatened him with arrest if he didn’t. The cop was eventually transferred, hopefully to a less desirable precinct. Obviously, the cops who participated in this incident must have known in advance that the would get away with it. Also, why wasn’t Gifter’s press badge visible on the outside of his coat, in the same manner that it was visible, when he was at JFK, waiting for Air Force One? Cops for some reason, don’t like being videotaped or photographed without their consent, even if it is legal to do so. Even though Gifter was within his legal rights, he should have stopped filming when asked to do so, as those cops could have easily beaten him, arrested him, and then charged him with “resisting arrest, and interfering with governmental administration”, in order to cover their tracks.
B”H
Every time you see someone being arrested or ticketed you should video NYPD. They need to know its LEGAL.
Anything in public place is legal to tape.
Whether we like it or not… every time we walk down street in stores etc we are being videotaped by security cameras…. including NYPD cameras.
Like first poster said.. its all related… take away gun rights … strip 1st amendement rights… next thing you know we are no longer free.
“America is not a free country anymore”
I always had this question, maybe someone can answer. If a police officer orders me to do something that he had no right to demand, do I have to listen?ie, I was parked by a pump, engine on and wearing a seat belt in the day time. A cop ordered me to leave (so that he can then park his car at the pump) did I have to listen? (I did, only because I had my children in the car and didn’t want to get into trouble).
He’s lucky he wasn’t beaten in the back of a police van, like used to happen to activists deemed trouble-makers.
This Has to stop every few weeks we hear of stories where the police behave like thugs we as a community shoul demand an end to these types of tactics tgese cops behave like thugs ! Where are our elected “machers” btw what happened to those animals who beat up an innocent yid in crown heights ?
Pls keep us updated, also we should demand severe punishment and prosecution of all these animals, the police it turns out arent our friends they employ thugs
Hey guess what try taking pictures oc certain rebbes and u will see what happenes
The police, all over the US, do not like being videotaped. But nowadays everyone has a camera. The police simply have to get used to the idea.
To #7 -kiri49- By a “pump”, I presume that you meant a fire hydrant. It is illegal to park by a fire hydrant, anywhere, even if your engine is on, and you are wearing a seat belt. If there is an emergency, a fire engine pump truck, will not be able to access water to extinguish a fire. The cop was correct in ordering you to move!
Raboisy- is it possible that one of the juveniles being filmed may have been related to someone on the force? I’ve seen teenage kids get pulled over for driving like animals and 30 seconds later they’re driving off. I’ve seen kids shoplift and the store owners have told me he’s so and so’s kid…..don’t worry about it. It’s a weird world, but if you think about it, almost everyone has protection somewhere.
To #13 Why are cops allowed to park at hydrants for at least half an hour doing nothing with the cops inside? They do it all the time!!
And you continue to live here because. . . ? Yidden, we have a choice. The brown shirts are back. Don’t wait.
There is, of course, a solution:
1) Separate running sound recorder, bought from The Buzz for $30, running at the same time in shirt pocket
2) A second person surreptitiously recording what is happening.
Voila! $100,000 settlement with NY City.
Eye-fi. Google it and see how it can spell the end of legal bullying.