Photographer sues Suffolk cops over filming
An image taken from a video shot by photojournalist Philip Datz, who was filming police activity in Bohemia on July 29, 2011. Credit: Stringer News Photo / Phil Datz
A freelance photojournalist from Long Island filed a lawsuit Wednesday against a Suffolk police sergeant and county officials, saying his First Amendment rights were violated when he was arrested after filming the aftermath of a police chase.
Philip Datz, 35, of Valley Stream, filed the suit against Sgt. Michael Milton and the county in U.S. District Court for the Eastern District in Central Islip.
"Mr. Datz's arrest was not an isolated event," said his lawyer, Robert D. Balin. "Suffolk County police officers have a pattern of unlawfully interfering with the recording of police activity conducted in plain view."
The suit says Milton violated Datz's rights and that "an unconstitutional policy, custom and practice" by the county that "gives officers excessive discretion to prevent such recording."
Datz, a member of the National Press Photographers Association, which joined in the suit, was filming police activity on a Bohemia street on July 29 when the sergeant ordered him to "go away," later arrested him and seized his camera equipment, the suit says.
The suit said Datz, who works for Stringer News Service and whose videos have appeared on local and television networks, including newsday.com, wore press credentials "prominently" and that he "filmed from a public sidewalk where bystanders were watching the same police activity."
Datz was arrested on an obstruction of governmental administration charge, which was later dropped by Suffolk District Attorney Thomas Spota.
Deputy County Executive Jon Schneider said that the county does not comment on pending litigation.
Police spokesman Deputy Insp. Kevin Fallon said the department doesn't comment on litigation, but released a statement about cooperating with the media.
"It is the Suffolk County Police Department's policy that members of the media shall not be precluded from observing incidents, producing recorded media and commenting regarding an incident, provided they do so from locations that are open to the public. Public access equals media access, regardless of the subject matter," the statement said.
Datz is seeking unspecified compensatory and punitive damages.
Datz's lawsuit also wants the county to be ordered to implement "an effective policy to train its officers" on the First Amendment and that it "appropriately discipline those officers who violate" that right.
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