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NYCLU Sues Police Over Detention of CU Student
PUBLISHED DECEMBER 7, 2007
The New York Civil Liberties Union took the New York Police Department to federal court Thursday on behalf of Arun Wiita, a Columbia University graduate student of Indian descent who was detained by a police officer for taking photographs near a Manhattan subway station in July 2007.
Wiita’s case, which follows a similar suit filed against the NYPD in August 2006, stands as part of a larger effort by the NYCLU to defend the First Amendment rights of photographers. The NYCLU hopes to push the police department to change their training policies to end the detention of photographers by police officers.
“Arun was taking photos, something protected by the Constitution, but the color of his skin made him a target of suspicion. The police should know better than to engage in this sort of ugly, unlawful behavior,” Donna Lieberman, NYCLU executive director, said in a statement.
As the NYCLU tells the story in their release, Wiita, who was taking pictures with his digital camera for a project to photograph 468 subway stations, was stopped by a police officer, handcuffed, and held on the street corner for half an hour. During that time, two more plainclothes officers arrived, asked questions, and requested to see Wiita’s photos before releasing him.
“I was surprised and upset that I could be handcuffed on the street for taking a photograph,” Wiita said in a statement. “What was really disheartening was that I knew this had probably happened before and that it could happen again to anyone.”
The NYCLU says many other photographers have described situations similar to Wiita’s, reports that sparked the organization to send a letter expressing concern to NYPD Commissioner Raymond Kelly in May 2006.
A spokesperson from the NYPD was unavailable for comment.
Gus Hagen-Dillon can be reached at news@columbiaspectator.com.
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Being the victim of similar abuse recently, I will say that it matters not that it was an half an hour! I am a published journalist and was held for over two hours, interrogated about nothing more than where I was getting my information and who I was passing it along to, not one question concerning illegal activities.
I was looking into allegations of public corruption and found it fist hand. What did that tell me? That I was on the right track! If these cops would go to the lengths they did to try and intimidate me into backing off, then I know much of what I was unable to document had some substance or they would not have Gestapo me in the manner they did!
FYI - if you are not free to leave you have been seized! For all practical purposes arrested or detained if the action was legal - if not Kidnapped or Illegally Detained - Now which term would the police like everyone to use? We better get it right when we put pen to paper or they will be beating our doors down and hauling us downtown for a chat!
>>> He was "held for a half hour" for questioning...NOT ARRESTED. Get your damn headline right.<<<
Um, YOU should try to get the "damn headine straight". It says detained not "arrested". Sadly people like you hate American freedom. You should move to places like Iran or North Korea. You will find the type of governments there that you prefer.
What freedom?????? It is people like YOU who hate freedom because you support cops who abuse their authority and restrict our freedom - which INCLUDES the freedom to photograph anything that is in public view!
Perhaps YOU would be more comfortable in IRAN or North Korea. I will be happy to give you a ONE WAY ticket for Christmas!!!
Huh? He was "held for a half hour" for questioning...NOT ARRESTED. Get your damn headline right. You are obviously sensationalizing the story for your liberal agenda. The police have every right to follow procedure and question ANYONE involved in suspicious behaviour. Dark skinned, mid-east looking males taking photos of public transportation falls under this category whether you like it or not.
Oh piss off, troll. Being 'handcuffed' and 'held for half an hour' damn sure meets the definition of being arrested (v. - 'to seize (a person) by legal authority or warrant'), whether or not he was booked and thrown in jail.
And no, in fact, the police don't have a right to detain anyone for anything they deem vaguely suspicious—that you believe so demonstrates your narrow, idiotic, and generally racist understanding of probable cause. There was ZERO indication that this man was involved in illegal behavior (unless of course you can point to the invisible law that says it's illegal to take photographs of a subway station).
There is NO LAW that states it is illegal to take pictures of a subway station or even in the subway for that matter. There IS a law that states it IS LEGAL! 21NYCRR 1050.9(c) reads as follows:
Photography, filming or video recording in any facility or conveyance is permitted except that ancillary equipment such as lights, reflectors or tripods may not be used. Members of the press holding valid identification issued by the New York City Police Department are hereby authorized to use necessary ancillary equipment. All photographic activity must be conducted in accordance with the provisions of this Part.
The behavior on the part of NYPD towards photographers is INEXCUSABLE!
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