March 17, 2011
For Immediate Release
Contact: C. Drew (day) 773/561-7676
e-mail: umcac@art-teez.org
Federal Suit Highlights Contradictions
in Eavesdropping Law
The Illinois eavesdropping law allows police to video and audio record the public who they stop but if a person who is stopped audio records the police during the the stop it is a class 1 felony, one step below attempted murder.
This illogic is the focus of a recent federal lawsuit, Frobe vs the Village of Lindenhurst, filed March 11, 2011 in the United States District Court, Northern District of Illinois, Eastern Division. The plaintiff, Louis Frobe, was stopped for a speeding violation on 8/15/10 and he debated with the officer the posted speed limit where he was stopped. To gather evidence of the actual posted limit he turned on his video camera (with audio) and captured video of the area. When the officer returned with a warning ticket he noticed the video camera and asked if Louis was recording him. Mr. Frobe replied in the affirmative and he was arrested for eavesdropping.
In the complaint the relevant legislative history sheds light on the contradiction that police can audio-record citizens who have real privacy rights to be considered on traffic stops, pedestrian stops and in similar events without their permission but citizens can not audio-record police at those times in public when a policeman has no real privacy rights to be considered while on duty and in public.
During the House debate on the law's most recent amendment allowing police to audio-record citizens the House sponsor stated, “When there's audio, then there is no question as to what was said or what wasn't said and if someone is accused of doing something or saying something, this is the proof that they would have as a citizen, also, not only for protection of law enforcement, but for the citizens to have the proof in hand as to what actually happened at that particular [moment].” We must ask why it is a class 1 felony, one step below murder, for a citizen to collect their own audio record of their arrest?
In this suit the case of People v Drew is cited as the first case among four in Illinois where the State is prosecuting or has prosecuted a person for eavesdropping on police for audio-recording them in public. Mr. Drew's case, although he was arrested nine months before Mr. Frobe, has yet to come to trial. Mr. Drew is an artist and arts administrator challenging Chicago's regulations that prevent artists from making a living in public according to their First Amendment rights. He believes he is being punished for his activism by the selective application of the eavesdropping law by the Cook County State's Attorney, Anita Alvarez. Mr. Drew was arrested for selling art for $1 on State Street while attempting to test the Chicago peddlers license as applied to the sale of speech (art) for its constitutionality. Once arrested for this misdemeanor he was later charged with a class 1 felony for audio-recording his own arrest.
Since that time Mr. Drew has been on a mission to publicize the unfairness and unconstitutional nature of the Illinois eavesdropping law. His actions have inspired others to challenge this law. His story has been told in the New York Times and the Huffington Post as well as numerous local publications and across the Internet. After Mr. Drew spoke out for nine months about the eavesdropping law, the ACLU on 8/21/10, just six days after Mr. Frobe was arrested, filed suit in federal court against Anita Alvarez for prosecuting citizens like Mr. Drew. The ACLU's suit was well covered by the media.
The end goal for Mr. Drew and his lawyers is to see federal First Amendment case law established that guarantees Americans the right to audio-record police in public while they are on duty so that citizens can gather the evidence they need on what police say to them in public for court or to report back to their fellow citizens. Toward that end Frobe v Lindenhurst is a significant step forward.
Frobe v Lindenhurst - A brief filed with the Federal District Court (very interesting read)
http://www.art-teez.org/free-speech-movement/110314-frobe-v-lindenhurst-11cv1722.pdf
The Free Speech Artists' Movement links to pr, legal cases and abundant information on artists rights.
http://www.art-teez.org/free-speech.htm
The blog of Artist, C Drew - Street Artist Adventures
http://www.c-drew.com/blog
Links to the many videos, on and off line media coverage of the C Drew eavesdropping issue
http://art-teez.org/pr-online-clippings.htm
Christopher A. Drew umcac@art-teez.org 773-561-7676 (Office) 773-678-7545 (cell)
ACLU's Filing
http://www.art-teez.org/free-speech-movement/100819-aclu-v-alvarez.pdf
Links to all C Drew's Felony Case Filings and Transcripts
http://www.art-teez.org/free-speech.htm
Deanna Isaacs tells Chris Drew's story in the Chicago Reader 10/22/10
The Accidental Poster Child
In These Times: Free Speech, for Art’s Sake
http://www.inthesetimes.com/article/5325/free_speech_for_arts_sake/
Nancy Bechtol video: C Drew Answers Eavesdropping Charges
http://www.youtube.com/watch?v=G-K_dTlzs5M
Chicago's Thick Blue Wall - Radley Balko writes for Reason.com on C Drew's arrest
http://reason.com/archives/2009/12/14/chicagos-thick-blue-wall
Uptown Multi-Cultural Art Center
Free Speech Artist's Movement
umcac@art-teez.org
http://www.art-teez.org
http://www.c-drew.com/blog
|
SPW Art | ART-ACT
Art | Gallery Art
| Art Contest | Web
School | Aid UM-CAC