Letter To DART From NPPA's General Counsel

National Press Photographers Association
200 Delaware Avenue Buffalo, NY 14203

Phone: 716.983.7800 Fax: 716.608.1509
[email protected]
VIA EMAIL & FACSIMILE 214-749-5941
March 4, 2016
J. D. Spiller
Chief of Police
DART Police Department
P.O. Box 660163
Dallas, Texas 75266-7268
Re:
Arrest of Avi Adelman
Dear Chief Spiller:

As general counsel for the National Press Photographers Association (NPPA) I have been following
another incident involving your officers in the arrest of one of our members, Avi S. Adelman. Once again, what
is of concern is the apparent lack of understanding or respect by your officers for the right of citizens and the
press to photograph and record in public. Equally as troubling is the perfunctory and self-serving manner in which
your departments spokesperson was quoted as saying DART had reviewed the exchange and believes the
officers acted properly less than 24 hours after the arrest occurred.
It is also apparent that Mr. Lyons either misspoke or disregarding the facts when he stated that Dallas
Fire-Rescue asked him [Mr. Adelman] to move. He refused, paramedics asked us to ask him to move several
times. He failed to comply and thats why he was arrested. Photography is allowed in our public spaces but we
expect people to comply with the instructions of a police officer. This is especially true when paramedics tell us
the actions of a photographer affect their ability to provide care. It is my understanding that no one other than
your officers ever spoke to Mr. Adelman and that paramedics made no such request.
As noted by the U.S. Court of Appeals for the First Circuit, A police officer is not a law unto himself; he
cannot give an order that has no colorable legal basis and then arrest a person who defies it.1 It is indeed
unfortunate, despite having written to you previously about your officers lack of understanding and respect for
citizens constitutional rights, that no one from your department thought it worthwhile to attend the training I
personally provided to Dallas area law enforcement officers and first responders in October 2014.
The continuing failure of your department to adhere to the DART Police Mission Statement to enforce
applicable laws consistent with the Constitution, Code of Criminal Procedure, Penal Code, Transportation Code
and DART Police policies and procedures and be held accountable to high ethical standards to foster trust and
confidence in the DART Police and the DART transportation system is deplorable.
Iacobucci v. Boulter, 193 F.3d 14 (1st Cir. 1999).
Chief Spiller
March 4, 2016
Page 2
Furthermore, it is not a police officers duty or right to decide what images are acceptable for news
coverage. So long as media are in a public forum and not violating any ordinances they have a right to gather
news unfettered by the personal feelings or opinions of law enforcement. Anything less may be considered a form
of prior restraint or censorship. Law enforcement agencies are established to uphold and enforce existing laws
not to use them as a pretext to punish someone exercising their free speech right to photograph in public. At best,
behavior that chills free speech is extremely unprofessional, at worst it is criminal and may leave your agency
and ultimately the taxpayers liable for damages in a federal civil rights lawsuit, especially in light of the fact that
the charges against Mr. Adelman have been dismissed.
While it appears you have a policy regarding this issue it seems to be nothing more than a piece of paper.
The fact that it has been ignored indicates that your officers are in dire need of proper training. NPPA once again
offers its assistance in that regard. In the meantime, we respectfully request that this incident be fully and
independently investigated. We further request that your department immediately issue orders directing officers
to cease such activity and also that your department implement revised training for all officers regarding these
matters.
Thank you for your attention in this matter. I look forward to your response.
Very truly yours,
Mickey H. Osterreicher
Mickey H. Osterreicher
General Counsel
cc:
Gary C. Thomas, President/Executive Director, DART via email & facsimile 214.749.0281 [email protected]
Morgan Lyons, Asst. VP, Communications & Community Engagement, DART via email [email protected]
Mr. Avi S. Adelman via email [email protected]
Toby Shook, Esq, via email [email protected]

Letter To DART From NPPA's General Counsel

Uploaded by

Copyright:

Available Formats

Letter To DART From NPPA's General Counsel

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Letter To DART From NPPA's General Counsel

Uploaded by

Copyright:

Available Formats

National Press Photographers Association

200 Delaware Avenue Buffalo, NY 14203

Arrest of Avi Adelman

Dear Chief Spiller:

Iacobucci v. Boulter, 193 F.3d 14 (1st Cir. 1999).

Toby Shook, Esq, via email [email protected]

You might also like