More on the New Fascism from The Progressive
July 18, 2002
Photographers Detained Four Hours
Photography buffs William P. Madeira and Jonas Lundquist were out taking pictures on the Passyunk Bridge in Philadelphia at dusk on June 9 when they ran afoul of the law--or at least of law enforcement personnel.
"One cop came by and asked what we were doing and looked at our I.D.s and went away," recalls Madeira, who happens to be an elected Democratic official at the ward level and works at Philadelphia Citizens for Children and Youth. Lundquist is a professional dancer who had a two-year stint with the Pennsylvania Ballet. "A few minutes later, we were surrounded by four cop cars and there was a helicopter flying overhead. They asked for our cameras, and we gave them to them because they had their hands on their guns.
"I said, 'What's happening? Did something happen today?'
"And they said, 'Haven't you heard of 9/11?' "
As first reported in a superb story by Linda K. Harris of the Philadelphia Inquirer on July 3, Madeira and Lundquist were photographing the Sunoco oil refinery.
The police told them it's illegal to take pictures of an oil refinery, Madeira says.
Madeira and Lundquist were then taken into custody for four hours.
"We were handcuffed, put in separate cars, and taken to the station," he says.
Three times, Madeira asked to call his lawyer, he says. Three times he was denied.
On the bridge, Madeira asked, "When do I talk to a lawyer?"
"We'll worry about that later," they said, according to Madeira.
In the police car, Madeira said, "I'm going to call a lawyer."
"It's not the time for that," they told him.
At the station, Madeira reiterated: "I want to talk to a lawyer."
"You can talk to a lawyer when people from downtown get here."
But no one from downtown ever got there, says Madeira. "Finally, we were ineptly interviewed and let go and never charged with anything."
After he was released, Madeira did call his lawyer, Stefan Presser, legal director of the ACLU of Pennsylvania.
"This was an arrest without a warrant and without probable cause," Presser says. "It bespeaks a mindset that is prevalent right now. They're making the rules up on the fly without the recognition that there is something called the U.S. Constitution, and notwithstanding Mr. Aschroft's best efforts, it's not quite shredded yet."
Presser and Madeira are threatening a lawsuit. Aside from everything else, Presser says Madeira was not given his Miranda warning.
"Any time there is litigation, or potential litigation, we can't comment," says Jim Pauley, a spokesperson for the Philadelphia police department.
More than a month after his detention, Madeira remains steamed.
"This probably is happening to lots of other people who are not white and upper middle class, and I don't want to have to think about what happens to them," he says.
Overall, he views his detention as the result of a harrowing new climate: "There's a lot of ill-focused, irrational fear going on in this country. The Bush Administration is manipulating fear, and that is what leads to totalitarianism."
-- Matthew Rothschild
Posted by Chris at July 19, 2002 11:49 PM