A film student at Manhattan's School of Visual Arts is suing the New York Police Department after he was arrested for filming the outside of a police precinct, which is within his legal rights.
Justin Thomas, 29, of Brooklyn, was arrested on April 19 outside of the NYPD's 72nd Precinct on 4th Avenue in Brooklyn while he was filming B-roll for a documentary project, Gothamist confirms.
"I knew I had the right to record a public building from a public street, and when challenged I stood up for those rights," Thomas said in a statement.
NYPD Sergeant Viet Cao approached Thomas around 11 a.m. that day, and told him that he is required to have a permit to film the facade of the building. When Thomas refused to stop filming, Cao took Thomas' cell phone and put him under arrest. The arrest was filmed by Thomas' friend. In the video, although the sound cuts in and out, you can hear Sergeant Cao saying that filming will "jeopardize the security..."
Thomas was questioned and finger-printed, and was released three hours later and was given a ticket for Obstruction of Government Administration. However, the District Attorney later dismissed the charges. Thomas' lawyer David Rankin said that his client's activity was well within the confines of the law.
"The public's right to record police activity has been well established in the law, but the NYPD clearly views itself above the law and the constitution in its interference with the press and the film making community," Rankin said.
There have been other incidents similar to Thomas' ordeal. This summer, a photographer was arrested for taking photos and video outside an NYPD Housing Authority police station on Central Avenue in Bushwick. Three other similar incidents occurred this year.
As previously stated, photographing or videotaping anything in public view, including federal and police buildings, is fully legal, as long as one is not interfering with law enforcement activity. The NYPD Patrol Guide states: "Members of the service will not interfere with the videotaping or the photographing of incidents in public places. Intentional interference such as blocking or obstructing cameras or harassing the photographer constitutes censorship."
Watch the video of the arrest below.