Legal Commentary

Taking Pictures of Public Property Does Not Justify a Suspicion of Terrorism

By TChris

After 9/11, some overzealous protectors of the homeland's security began to suspect anyone who pointed a camera at a public building, a bridge, or a railroad yard of plotting a terrorist attack. One of the most unlikely terrorist suspects was 55-year-old Shirley Scheier, a fine arts professor at the University of Washington who was frisked, handcuffed, and aggressively interrogated while being detained in the back of a squad car for more than half an hour -- all because she took pictures of electrical power lines for use in an academic project.

With the ACLU's help, Scheier sued the City of Snohomish's police officers for violating her Fourth Amendment protection against unreasonable searches and seizures. The city's insurer argued that the officers entertained a reasonable suspicion that Scheier was up to no good because she left quickly after the electrical substation's security provider approached her (who wouldn't?) and because she had maps in her car (who doesn't?).

U.S. District Court Judge John Coughenour disagreed. [more ...]

"Generalized, unsubstantiated suspicions of terrorist activity" does not give police the right to ignore people's constitutional rights, the judge said.

In his decision denying the city's motion to dismiss the lawsuit, Judge Coughenour ruled that the officers "lacked a reasonable justification for their aggressive tactics in completely restraining Scheier's personal liberty."

Facing the risk and expense of a trial, the city's insurer agreed to an $8,000 settlement. While that sum is fair compensation for a relatively brief detention, it's not a good return on the time and energy Scheier invested in almost two years of federal llitigation. Scheier's goal, however, was not to get rich, but to discourage the police from violating the civil rights of other photographers, including her art students.

"I would never want something like this to happen to any of my young students who have less skill with engaging with this kind of problem," she said. "That's really important to me."

Scheier should be commended for having the courage and strength to take a stand against governmental lawlessness. By fighting for and winning a judicial opinion that vindicated her right to take pictures on public property without enduring a loss of liberty, Scheier sent a message that benefits us all.

Full post as published by TalkLeft on June 08, 2009 (boomark / email).