Archived posting to the Leica Users Group, 2003/07/02

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Subject: Re: [Leica] Documentary Photography 2003
From: George Lottermoser <imagist@concentric.net>
Date: Wed, 2 Jul 2003 17:42:27 -0500

knarf.theriault@sympatico.ca (frank theriault)7/2/03

>but ~someone~ has to stand up to these bullies, and
>make them realize that they can't just push people around because they
>"don't like cameras" or whatever.  There are laws to protect ordinary
>citizens from such harrassment, is my point.

My letter ³standing up to these bullies² to the director of Summerfest 2003
- ---------------------------
July 2, 2003


Bo Black
Summerfest
200 North Harbor Drive
Milwaukee, WI 53202

Dear Ms. Black,

On Monday, June 30th, 2003, I took the afternoon off to see and hear Michelle Shocked perform at 5:30pm at Summerfest. While waiting for my partner and for the concert to start, I tried to find some lovely photographs in the fountain where the children played - the sun beginning to set behind them - backlit water - children laughing - lovely to a fault - thinking of how to avoid the visual clichés.
	Quite suddenly, around 4:20pm Joe Olla, supervisor, (read the I.D. hanging from his neck and on his red polo shirt the white letters read Summerfest Security) said to me, ³Could you step over here?² I did. And I asked him, ³Whatıs the problem?² He said, ³Thereıs been complaints about you.² I felt stunned. Complaints about what? Iım photographing 20 to 25 children playing in the fountain near the front entrance gate of the Milwaukee Summerfest grounds, surrounded by hundreds of people doing the same as I. Joe and at various times 1 to 4 other security personnel, all young, big and brawny proceed to ³detain² me for over an hour because some dad said that I photographed his son (I never exposed one frame of film).
	The security personnel would not allow me to speak with my loving partner, Ann, nor her with me. Their attitude, demeanor, and verbal threats of arrest brought Ann to tears.
	Ultimately these security men said that I could not remain on the grounds with my cameras, even though no such rule is posted publicly nor printed in your brochure. And even though many cameras were being used all around me during this entire ordeal. Eventually, after almost an hour, the security personnel brought a Milwaukee County Police officer into the situation; and the officer informed the complaining dad as well as your security folks that I broke no law; that I have the right to photograph in this public place, just like everyone else. However the security people continued to impress their authority upon me, stating that, ³you cannot be on the grounds with your cameras.²
	These same security folks again would not allow me to find or communicate with Ann before escorting me outside the gate, where I waited for her to pass by, even as she waited in the first row, saving my seat, at the Michelle Shocked concert.
	After over an hour of waiting for Ann outside the gate a new pair of Summerfest Security fellows told me that I would have to leave the sidewalk or be arrested for loitering. They said that anyone whoıs in a place for over an hour is either planning on robbing the place or hurting someone. I asked one of them if they could escort me into the Michelle Shocked concert where I could communicate with Ann and put an end to this entire fiasco. He said, ³No, I canıt do that.²
	When I finally did see Ann, now almost 7:30 in the evening, she was trying to receive assistance from Summerfest Security in locating me. She was told that they knew where I was, but could not tell her, again bringing her to tears.
	Legal counsel has suggested that Summerfest Security personnel had no legal right to detain me. And that Summerfest Security personnel expressly harassed both myself and my partner, Ann, when: 
	1) they said I could not leave, 
	2) would not allow Ann and I to speak with each other, 
	3) would not return my Driverıs License upon my request,
	4) it is, believe it or not, kidnapping to so detain a person. 
	(Harassment: Unsolicited words or conduct which tend to annoy, alarm or abuse another person)
	Your Security personnel have no legal right or authority to prohibit me from making photographs in the area where I thought I might do so. And although anyone has the right to approach me in a public place and ask questions, your Security personnelıs persistent and unwanted conduct done without legitmate purpose is a crime if and when it causes serious annoyance ‹ as the behavior of your Security personnel towards me and my partner certainly did on June 30th, between 4:30 and 5:30pm.
	While I was under no legal obligation to answer such questions, and I did not have to disclose my identity or the purpose of my photography, I did fully cooperate in this matter and still received deplorable treatment from your Security personnel. 
	In general it is unlawful to instill fear through threats of consequence. Itıs called coercion (the use of express or implied threats of violence or reprisal or other intimidating behavior that puts a person in immediate fear of the consequences in order to compel that person to act against his or her will). And when your Security personnel told Ann that they would have her arrested if she did not walk away from me ‹ thatıs coercion. 
	Your Security personnel, and those they represent, may be subject to criminal and civil charges for detaining and threatening both myself and Ann with arrest when we committed no crimes of any sort. Weıre looking at torts such as false imprisonment and violation of our constitutional rights.
	And your Security personnelıs refusal to return my personal identification upon my request would fall into the category of conversion (the crime or tort of interfering with the ownership of anotherıs movable or personal property without authorization or justification (as a lien) and esp. of depriving the owner of use and possession) preventing me from leaving of my own free will.
	Your Security personnel have authority only to get a police person to enforce laws being broken. I broke no laws. Nor did I even break any posted or printed rules. I posed no threat of physical harm, psychological harm, nor theft. 
	Your Security personnel robbed me of 1 hour of my life, without cause, and then made another two hours of life miserable for myself and my partner, by having the ability to, but refusing to help us communicate with each other. Rather than helping us, they chose to flirt with the tort of oral defamation and slander (by imputing criminal guilt, or conduct or a characteristic affecting my business and profession); accusing me of loitering (to remain in or hang around an area for no obvious purpose. specif: to linger aimlessly for the purpose of committing a crime) and again threaten me with arrest, when I plainly told them that I and my partner came to Summerfest on a Shuttle and I could not and would not leave without her, fully explaining my good and valid reason for waiting outside the gate; and further pleading with them to help me communicate with her, knowing she sat just 300 feet away from the entrance where I stood.
	I lost an entire afternoon of work, never got to see or hear the concert which I went for, and spent $10 and another hour of life on a shuttle in order to be harassed by your Security personnel for 3 hours, for absolutely no reason what-so-ever.
	Rest assured Iıll make every effort to communicate these events to the media and caution everyone I know and meet that the current level of Security personnel at Summerfest holds as much potential for personal harm as any citizen you may encounter there.

Fond regards,

G e o r g e   L o t t e r m o s e r,    imagist

<€>Peace<€>   <€>Harmony<€>  <€>Stewardship<€>

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Replies: Reply from "Eric" <ericm@pobox.com> ([Leica] Re: Documentary Photography 2003)
Reply from frank theriault <knarf.theriault@sympatico.ca> (Re: [Leica] Documentary Photography 2003)
Reply from "Jim Laurel" <jplaurel@nwlink.com> (Re: [Leica] Documentary Photography 2003)
Reply from Mark Rabiner <mark@rabinergroup.com> (Re: [Leica] Documentary Photography 2003)