I read with interest the Mike Stark diary about the "Asheville Freeway Blogger", Jonas Phillips, who was arrested by the Asheville PD last week while he was holding an "Impeach Bush Cheney" sign on an overpass above I-240.
I got into an e-mail exchange with Bill Hogan, the Chief of Police for the Asheville Police Department, which is detailed below the fold.
I initially e-mailed several people in positions of authority with my concerns, and got into the following series of e-mail exchanges with Bill Hogan, the Asheville Chief of Police.
My first e-mail, sent to multiple people:
Hi – I have read about a disturbing allegation that police officers, in conjunction with prosecutors, may be attempting to stifle free speech in Asheville via intimidation of Jonas Phillips, the so-called "Asheville Freeway Blogger". I urge you to stand up for free speech rights as enumerated in our Constitution, and to assist in whatever way you can in determining that Mr. Phillips is treated fairly and in the same manner as any other person, regardless of the content of his message.
People in this country will not stand for government intimidation and for the use of police powers to enforce political ideologies and terrorize those who hold different opinions.
Please use your common sense and stop this (alleged) abuse before it gets out of hand.
Thanks,
a
Two hours later, I got a reply from Bill Hogan:
The Asheville Police Department is a professional, well trained, and accredited agency that is committed to protecting individuals’ Constitutional rights. Our Department has assisted with untold rallies and protests to protect citizens’ opportunity for free speech while maintaining the safety of all individuals present. The press release attached below describes the facts surrounding this case. Expressing one’s opinions must be done in a manner that does not infringe upon the rights and safety of others. In this case, the actions of Mr. Phillips was impeding the flow of traffic and endangering motorists by holding a sign over Interstate 240 during rush hour traffic which could have caused a serious traffic crash. It is unfortunate that this event and the motives of the officers have been misconstrued to represent an act by the Asheville Police Department to deprive someone of their Constitutional rights.
Chief Bill Hogan
For Immediate Release
Aug. 20, 2007
Asheville Police Department
Contact: Police Chief Bill Hogan
Phone: 259-5901, or 552-1900
E-mail: whogan@ashevillenc.gov
APD responds to concerns about charges against West Asheville man
ASHEVILLE – The Asheville Police Department has received several inquiries about the Aug. 15 arrest of an Asheville man who was holding a sign on the Haywood Road Bridge over Interstate 240, and was subsequently charged with impeding the flow of traffic.
A review of the incident including interviews with the officers discloses the following:
Shortly before 8 a.m., during rush hour on Aug. 15, a person flagged down APD Officer Russell Crisp, who was in his police car on Haywood Road, to inform him that a man was standing on the I-240 overpass and obstructing traffic.
The department had received multiple complaints over a two-week period last month about individuals holding up signs at that same spot.
Officer Russell Crisp arrived to find Jonas Phillips, 35, was holding his sign over the I-240 overpass. When Officer Crisp arrived at the location, Mr. Phillips walked across three lanes of traffic on the bridge, thereby impeding the flow of traffic on Haywood Road.
After Officer Crisp caught up with Mr. Phillips, he asked Mr. Phillips how long he intended to be there. Mr. Phillips replied that he would be there until he had to go to work.
At this point, Officer Crisp called his superior, Sgt. Randy Riddle, who came to the overpass and informed Mr. Phillips that he was in violation of Sec. 16-2 of the city’s municipal code pertaining to "Obstruction of streets, sidewalks by persons prohibited."
Sec. 16-2 reads in part:
It shall be unlawful for any person, singly or in a group, to:
(1) Obstruct or cause to be obstructed vehicular or pedestrian traffic on the streets or sidewalks or in parks or other public areas within the corporate limits of the city.
Mr. Phillips was charged and arrested for being in violation of that code, and the department is also examining whether he may also be charged for violating an N.C. Department of Transportation law that prohibits hanging signs on an overpasses, which poses dangers for motorists passing below.
The officers can attest that as Mr. Phillips held his sign over the edge of the bridge, drivers on the interstate were slowing down and honking their horns, which also created a traffic hazard and impeded the flow of traffic. Interstate 240 on the west side of the city is often congested, especially at rush hour, and this congestion heightens the potential for accidents.
"This city and this police department pride ourselves on protecting people’s right to free speech, as long as they don’t infringe on the rights, safety and freedoms of others," Police Chief Bill Hogan said. "It was not the content of the sign, but the risks posed to drivers that precipitated our actions."
I replied back:
Thanks for your e-mail. I suspect your department is getting a ton of heat right now. I’m curious about the answers to the following questions:
- Is Mr. Phillips being charged with obstruction of the sidewalk on the overpass, or of vehicular traffic?
- Is he being charged for impeding traffic on Haywood Road, or on I-240?
- Did Mr. Phillips actually obstruct any traffic on Haywood Road? Did he cross in front of moving traffic, or was the street empty when he crossed?
- If he’s being charged with obstructing traffic on Haywood Road, then wasn’t this alleged action (crossing Haywood Road) taken AFTER Mr. Crisp first arrived? If so, why did Mr. Crisp first feel the need to arrive on the scene? Certainly not for allegations of obstructing traffic on Haywood Road by crossing "three lanes of traffic," as you state that the complaints were about "holding up the sign,", not "obstruction of traffic on Haywood Road."
- Did he "hang" his sign on the overpass, or was he holding it in his hands?
- Why does your press release not address the allegations of abusive comments by Mr. Riddle, directed at Jonas Phillips, including profanities, that might seem to support the theory that this action was initially taken for reasons other than public safety?
- Who determined that there were possible violations of the NCDOT law, and when was this determination made?
I’d be very curious about the answers to all of these. My advice is to be very transparent, as the Asheville PD is getting a lot of national scrutiny right now.
a
He replied back:
This is what I understand about the case. I was not present when this occurred but I have looked into this matter and have obtained greater information since it was first brought to my attention.
- When I first heard about this I thought it was obstructing the sidewalk. After investigating and interviewing the officers I realized he was obstructing vehicles on the roadway which in contained in the same ordinance.
- He technically impeded traffic on both roads. He blocked traffic on Haywood by running across traffic and according to our legal department he impeded traffic on 240 when cars slowed down.
- He did cross in front of moving traffic during rush hour on Haywood Rd.
- Officer Crisp was flagged down by someone complaining about Mr. Phillips impeding the flow of traffic. After receiving this verbal complaint he responded to the overpass to investigate.
- He held it in his hands over the side of the overpass. Had he dropped the sign it could have caused a crash on this congested roadway.
- That is an internal personnel matter and we cannot by state law report on those matters.
- After I started receiving complaints I looked into the arrest and I initially thought that the charge was for blocking the sidewalk. As you now know it was his actions for crossing the roadway in front of cars. I asked that we research the NC DOT law because my major concern when I first heard about this was that Mr. Phillips had endangered the motorists traveling on 240 and this was the more appropriate charge. It is not uncommon for charges to be changed and apply the most appropriate charge. In this case I did not originally have the full detail on the obstructing traffic charge and that is why I had NC DOT contacted. Both charges appear to have been violated by Mr. Phillips but the District Attorney will determine how to proceed on this matter.
That's it so far.