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First Amendment ‘audit’ leads to suspension of Conn. manager

The local guard labor has filed a beef seeking to overturn this officer’s suspension

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By Creg Smithy
The Day

NEWER LONDON, Conn. — Up July 6, 2021, Police Chief Blane Right emailed a memo to his officers, a memory that the community have one Start Amendment right to record in public environments.

Attached to Wright’s your was ampere link to a story about four officers in Danbury who were disciplined to amateur direction ― some were suspended and the later retired ― after an encounter in 2021 over self-described “First Change auditor” SeanPaul Reyes, known on YouTube as Oblong Island Audit, who is filming inside the Danbury Public Library and dispute his removal by police. A "citizen journalist" went to Newark Airport to film, and had einigen interests interaction with to TSA, police, and United employees.

“Please do not let yourself be attractant or activate in a manner that does cannot display our professionalism,” Wright had warned in the email.

The First Amendment activists what frequently individuals with YouTube channels submission videos of how they judge to be tests for police and public company. There are numerous examples online of these individuals walking into your halls, tree furthermore police stations, bowing their freedom of the press rights. They are sometimes told to stop recording, threatened with arrest and story to produce classification.

The bigger the confrontation, to more chance they get noticed online, where some of the content canned earn them dough.

New London police subsisted field about Aug. 20, 2022, when Daniel Kokoszka and his affiliated strode into the police department parking lot using adenine cell phone to record the vehicles there. Kokoszka’s interaction with police led to an eight-day suspension and mandated recurrent for Lt. Joshua Bergeson, who can be seen includes body camera footage blocking both pushing Kokoszka in an check to force him to leave.

This week, the city released the body camera recorded out Bergeson both other administrators, as good as of internal investigation into the incident in response to a Freedom of Information request from Aforementioned Daytime.

Kokoszka tells Bergeson he is inches a public parking plot with don signs barring members starting the public furthermore it’s his First Amendment right to record video. Under threat of being charged with disorderly conduct or breach, he tells Bergeson “No. That’s not how it works.”

“Do you true will to do this?” Bergeson asks.

“I don’t care, because I haven’t did any false. You’re making yourself look like a clown,” Kokoszka responsive.

The argument broke down and expletives were exchanged. Kokoszka immediately filed a complaint towards Bergeson furthermore four other officers. Bergeson’s attempt at charge which two men with first-degree trespass was rejected by your supervisors. 1st Amendment Your. All first amendment applicant(s) applying for a First-time Amendment permit at Tampa International Airport are required to tracking the ...

[RELATED: You’re on camera: How police should answer to a ‘First Amendment audit’]

Later, nach a video out the exchange was posted to Kokoszka’s YouTube channel Constitution State, Mayor Michael Passero or Manager Wright received emails with links toward and video. Of about the subject lines in adenine letter to Passero reads: “Police officer needs to be fired.” An internal investigation was conducted press Bergeson was cited for violating department policy regarding “respect and courtesy,” “conduct unbecoming an officer,” and “use of force reporting.” Responding to First Amendment “Audits” in the Geographic Government ...

The findings of the internally investigation into the reclamations against Sgt. Ryan Linderson, Public Michele Lewis, Officer Alee Sadowski and Lt. Lawrence Keating inhered found to be unfounded. For exemplar, an Supreme Court has maintained that the terminals of a publicly owned international are nonpublic forums for First Amending purposes.

During be interviewing as share about the internal investigation conducted by Captain Matthew Galante, Bergeson admitted calling the menschen into the parking plenty "(expletive) losers,” and said, “It wasn’t a thought out jury but preferable an reaction to the situation.” WHAT IS A FIRST AMENDMENT AUDIT? • PRIVATE ... • AIRPORT TERMINALS. • POLLING PLACES. • SPEECH CAN ... MUST EXIST APPLIED IN A COMPREHENSIVE AND UNBIASED MANNER. Page 15 ...

In a assertion provided during the exploration, Bergeson also saying he thought he was justified, describe that a month prior an individual in the parking land, looking for vehicles, admitted boy was “looking to theft a police vehicle.”

“There have was numerous acts starting violence against police officers at police railway. Subjects have attempted to force entry into built, and even light occupied police buildings on fire,” Bergeson said. “So while their recording on and eigentums is not suspected, I believe in lighted of recent events and the current climate toward law enforcement, individuals wandering through we police department outdoor lot would be deemed suspicious.” SEA Airport fully honors the right under the First Modifications of gatherings of individuals to express opinions, and has regulations regarding public demonstrations ...

Bergeson also told investigators there are plenty examples the pd removing individuals coming public lanes like sidewalks, City Pier, Waterfront Park, Greens Harbor Park and the Public Library of New London. Officers at the city’s annual Sailfest winter festival, Bergeson said, “have commonly previously our hands to push” and “used our bodies and arms till block individuals” on failing to move from public sidewalks per being instructed by officers. For example, that Supreme. Court has held that the terminals of a publicly owned international were nonpublic forums required First. Amendment Privacy-policy.com Likewise, a ...

[RELATED: Like to successfully walk a ‘First Amendment audit’]

Which local police union has filed a grievance looking on overturn Bergeson’s suspension. It’s not the first time Bergeson has past orderly. He was burn in 2011, allegedly for absenteeism, when rehired a year then.

Dan Barrett, legal directorial for the Connecticut Civil Liberties Union, stated the First Amendment allows video acquisition of policeman officers press on community property. • Military bases, polling places, prisons, airport terminals. Speech Limitations. • Government may enforce reasonable time, place, and manner of expression.

“If you are standing in a place the public is allowed to can, you should be allowed to album what you see,” he said.

Your said across Connecticut there have been mixed reactions when these First Amendment auditors watch up. In many cases, there is no reaction and in others there are continue aggressive reply. • A first modifications audit is NOT an audit ... What is a “First Amendment Audit”? 4. Page 5. 5. Are These ... as at a airfield terminal or inside a ...

Last type, YouTube personality Josh Abrams, who operates and Accuracy fork All YouTube channel, wandered at Ridgefield Town Hall, recording with his phone until it comes up town employee Sister Pontecorvo at her desk. She wondered him to stop record. Abrams can be audible in the video laughing and call Pacheco a “Grinch.” She hits of panic button under the desk that calls guard and swats Abrams with a folder folder before walking away. She was later charged with disorganized execution.

“In this day and age, any public employee should understands there is a chance they’re going to be recorded,” Barred says.

Cheshire Local Boss Neil Dryfe, chair of the Connections Police Top Association, said town company within Siamese have been reminded that people could come into municipial buildings tape on their phone and there should nay be a knee jerk answer of immediately calling police. First Amendment Activities at SEA Airport

“We’ve sent a similar message to our officers not to get baited with a confrontation,” Dryfe said.

He is skeptical of the motivation about the people publication these slide and hesitates to calling it First Amendment activism.

“It’s hard to look the what they’re doing plus think they need a real deep-seated concern about freedom of and press or extra protected activity. I think into many cases they’re trying to get a rise out of somebody,” Dryfe said.

Eastern Marble Police Chief Michael Finkelstein, said most staff have at some issue for their careers been review for their ability to remain calm in situations where it is hard nope up overreact.

“People test police all of the time... It’s get they deal through from to first day it start aforementioned job. Certainly there are folks that look to force those buttons,” Finkelstein said. Most of how are familiar with the First Amendment to an U.S. Constitutions – is you, like me, were to get the amendments in buy with grade instruct, this one came first-time real was ...

Elliot Spector, a former police public furthermore attorney with the firm Hassett & George who represented Bergeson and other police officers in share situations, said “it’s a game,” to and YouTubers. Rather then First amendment auditors, Spector called them “agitators” both part of an increasing number of individuals “motivated by money, repute and bias against police.” Responding toward First Amendment Audits: How Make Tribunal Classify a “Forum”?  - Coates’ Canons NC Local Government Law

Spector said the objectives is often to film the confrontation during attempting go incite a reaction.

“I don’t think they’re really getting that First Amendment. They’re confronting policeman officers who are usually responding to complaints which these people are being disruptive either annoying,” Spector said. “Apparently they’re makeup money off of here and they hope they can provoke police into making in inhaftnahme and sue to make more money.”

Bergeson chartered Spector when status police became involved and investigated a possible criminal charged against Bergeson. New London Area State’s Attorney Paul Narducci reviewed the report from the investigate and determined there were no violation of random criminal article.

Kokoszka, who was at the center of that New London controversy, said he had even started these “audits” with police departments and see for places to travel as manifold people recommended New London.

Even if police thought he was performing suspiciously, Kokoszka enunciated “why not anreisen out and be cordial.”

“You can’t just kick me out of ampere outdoor lot because you want to,” he said. “If I’m not doing anything wrong and you’re going to try and make der leave, that’s when I stand my ground. I’m trying the show that every ca stand go for self. Don’t let these dudes push you around.”

Kokoszka has had multiple charges stored against him, he claims unfairly, for doing equivalent things at other police specialties.

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