March 5, 2014 DART Police Department Attention: Internal Affairs P.O. Box 660163 Dallas, Texas 75266-7268 In regards: DART officers attempting to prohibit photography in public areas To whom it may concern: I am submitting this complaint in order to document violations First Amendment rights, specifically my right to photograph and record activities in and around DART properties (in this instance, the scene of an accident involving a DART vehicle) and actions taken by DART officers (names unknown) in order to prevent and intimidate me from taking photos. The incident recited below occurred on Saturday, March 1, 2014. It took place at the scene of a collision with injuries between a DART light-rail vehicle and a privately-owned automobile which unsuccessfully attempted to cross the tracks at 2nd and Scyene (Green Line) while the train was in motion. The incident started about 10am, but I did not arrive until 1030am. For the record, here are my credentials and affiliations

I am a resident of the City of Dallas; I am a freelance photographer; I am a member of the National Press Photographers Association; I am a member of the Dallas Police Department’s Volunteer in Patrol (VIP) program,

specifically volunteering my services as a photographer; I am a member of Dallas CERT - Community Emergency Response Team; I volunteer my services and photos for Dallas Fire/Rescue at fire scenes, disaster training

exercises and the recent funeral of a fallen firefighter; I have participated in the Dallas Police Department’s Citizens Academy and the Dallas

County Prosecutor’s Citizens Academy. Except for my work with Dallas Fire/Rescue, all the affiliations required that I pass a complete background check in order to participate. Attached to this complaint are photographs which illustrate what is described herein. An edited set of all photographs of this incident can be viewed online at this link – www.dallascreative.com/darttrain

Complaint #1 – Demanding my credentials and that I move to a media scrum Complaint #2 - An unidentified officer said, We don't want him taking photos. I cannot identify the officer who made this statement, but the only officers close to me at the time were DART officers near the designated media scrum.

On my arrival, I was questioned by DART officers as to my identity and affiliation. I was standing near a group of people from the neighborhood observing the scene outside the yellow tape. I told the officer I was a freelance photographer and showed him my NPPA and DPD VIP credentials. He told me I could only go to the designated media area. I said, No, I will work anywhere outside the yellow tape. He again ordered me to go to the designated media area, which I again ignored. (not direct quotes). This officer was a tall black male, but I do not have his name or badge number.

The First Amendment protects a free press. It does not require that I be a card-carrying member of the media, nor that I even show the officer my identification. This has been reinforced in a Department of Justice memo to the Baltimore Police Department, attached. Neither The Dallas County Sheriff nor any other agency in Dallas has issued ‘press passes’ in nearly 15 years. Credentials worn by most members of the media in Dallas are created by their employer for quick identification only. The DART officer attempted by his words and actions (no physical contact) to restrict me to a confined media area from which there was no opportunity to take photographs of the incident and participants (rescue, medical examiner, etc) while they were doing their jobs. My access to an area outside of the crime scene tape can be no better than anyone else (media or the public in general) but it can be no less than anyone else. Your officers were intent on preventing any photos that would place DART in a bad light being created.

Complaint #3 – Improper expansion of the crime scene Complaint #4 – Restricting access to private property without permission

I found a position outside the crime scene tape with a good view of the incident, at the entry to the car repair shop next to the train tracks. A DART officer walked to me, told me to move back and I said, To where, Fair Park (almost a mile away)?? He repeated that I should go to the media group area. I ignored him.

In addition to the issues raised in Complaint #1 and #2, the officer was expanding the crime scene not to preserve evidence, but to prevent any photography of the scene.

A DART officer put crime scene tape at the entrance to the car repair center. This was to prevent anyone, including me (as I had previously entered) from getting a view of the scene that was unimpeded except by the car repair shop fence.

This auto repair shop is private property. Your officers did not have permission to restrict access, nor did they seek it. Persons without cameras were allowed inside the fenced property without challenge. Photos #1709 and 1800 (black male standing behind fence in auto repair parking lot).

Complaint #5 – Being told to stop taking photographs, attempts to remove me from area

Two of your officers (the female referenced below and an unidentified male officer) told DPD and DFR officers to get me out of the area. Those requests were ignored. A DART officer, name unknown (female, black, in photo #1800 close-up) repeatedly told me by hand motions to stop taking photographs. She did not speak to me directly (face to face) in the entire time I was on the scene. She was agitated by my presence and kept looking at me during the entire event. During the extrication, this female DART officer continued to tell me through hand motions to stop taking photos and to leave my position on the traffic median of Robert B. Cullum Blvd, which is not in the right of way.

Your officer was engaged in actions meant to prevent me from taking any photographs. I was fearful her hand motions were only a step away from attempting to physically restrain me, seize my equipment and/or place me under arrest for a minor or made-up charge.

I was NOT required to move off the traffic median, and I did not move. She continued to make motions to tell me to move, stopping long enough to take pictures of the body being removed with her own personal digital camera. Photo 1743, 1800, 1800 Extreme Close-Up, 1801, and 1834 (the female officer is blocked in this view while she taking photos but her arms are in a position to hold a camera) are attached

By this behavior, it is clear DART’s police department and its officers have no understanding of ‘a citizen’s right to film government officials, including law enforcement officers, in the discharge of their duties in a public space (as) a basic, vital and well established liberty safeguarded by the First Amendment [Glik v Cuniffe, 655 F.3d 78, 85, 1st Circuit, 2011]’ Your officers made numerous attempts to violate my First Amendment rights, as well as made me fear for the safety and well-being of my person and my equipment. That is wrong, and it must never happen again.

My petition to your office…

DART Police must identify the female officer in the attached photographs and discipline this officer for her attempts to prevent me from taking photographs of the accident scene. This complaint should be included in the officer’s file for future reference.

DART Police should seize any photos of the crime scene taken by this officer, including but not limited to the body extricated from the vehicle, and delete the original files in her possession.

DART Police should inform all officers of the public’s right to photograph any and all DART staff, personnel, locations, incidents, equipment and events at any time. Access to any DART location (in this case, an accident scene) by the public, whether or not they have a camera, can be no better than anyone else’s, but it can also be no less.

DART Police should cease using crime scene tape to create unreasonable barriers to the public’s right to see and photograph DART staff, personnel, locations, incidents, equipment and events at any time.

DART Police should implement a written policy regarding the public’s right to photograph and record in public (see attached guidelines for Miami Beach Police as a reference and guide) and require all officers to abide by this policy.

DART Police should contact Mickey Osterreicher, Esq, attorney for the National Press Photographers Association, in regards to hosting a program on the right to photograph and record in public (see attached summaries) for officers and/or senior staff.

With best regards, Avi S. Adelman 5620 East Side Avenue Dallas TX 75214 Telephone 214-923-3562

AFFIDAVIT OF ACCURACY AND TRUTHFULNESS OF COMPLAINT I certify that I have read this complaint, I fully understand its contents and I declare under penalty of perjury under the laws of the State of Texas that the foregoing statements and photos are true and accurate. Avi S. Adelman My address is 5620 East Side Avenue Dallas TX 75214 Telephone: 214-923-3562 Email: avi@aviadelman.com Before me the undersigned authority, on the 4th day of March, 2014, personally appeared AVI S. ADELMAN, known to be the person whose name is subscribed hereto, and being duly sworn stated that he has personal knowledge of the facts herein attached, and that such facts are true and correct. Notary Public In Dallas County, Texas My commission expires