Cops 'unlawfully' arrested man for filming them, ACLU suit says

By Laura Herzog | NJ Advance Media for NJ.com

WEST NEW YORK -- The American Civil Liberties Union of New Jersey is suing West New York on behalf of a resident who says he was unlawfully arrested in July after trying to film local police arresting two teenagers.

Cesar Sanchez, 42, of West New York, never got a chance to actually record any video, according to ACLU spokeswoman Deborah Howlett, but his rights were still violated in the interruption.

"He got his phone out. He was trying to shoot video. The police immediately came over and told him he couldn't shoot video," she said.

Sanchez told NJ Advance Media that his reason for filming wasn't clear when he saw "multiple" police officers allegedly twisting two teens' arms back and pushing them against a wall to arrest them.

"I wasn't thinking about posting it online or making a whole political issue out of it. I just thought it was necessary," Sanchez said. "This has nothing to do with money. I'm not out to try to make a name for myself. I could care less. I want some really serious policy changes."

According to the suit filed with the Hudson County law division of the Superior Court, Sanchez, a web developer, was on his way home from work July 9 when he saw police arresting two teenagers "in what appeared to be a forceful manner."

While he was standing about 200 feet away, he took out his phone to start recording, a constitutionally protected activity, but before he could start recording Sgt. Juan Nunez told him to put his phone away, the lawsuit claims.

Sanchez initially declined but consented after Nunez repeated the request, and when he later declined to give Nunez his identifying information, Sanchez was arrested, the lawsuit says. At headquarters, Sanchez consented to a search of his phone, even though Nunez told him he had a right to refuse, according to the claim, and Nunez found no photos or video.

West New York Police Director Robert Antolos, who is named in the suit along with the town and Nunez, has not yet responded to a request for comment about the lawsuit and its claims. Read the lawsuit here.

"Many of my friends and high school buddies of mine are police officers," Sanchez said. "However, we need to have some sort of an open discussion about this, about our First Amendment fright, about the constitution, about policy."

Sanchez, who told NJ Advance Media he did not know Nunez personally and had never even received "a parking ticket" previous to this event, was arrested for "obstructing the administration of law or other governmental function," based on N.J. law 2C:29-1, according to the complaint. A public records request has been made by NJ Advance Media for the official police report.

Based on that law, person commits an offense if he purposely obstructs, impairs or perverts the administration of law ... by means of flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act."

The West New York municipal prosecutor dropped the charges against Sanchez on Oct. 22, citing a lack of justification for the arrest, the ACLU-NJ said.

Sanchez's attorney Rebecca Livengood said this lawsuit seeks to have West New York adopt a policy that better trains local officers and citizens in the law regarding filming, and paves the way for all towns to have policies on this issue.

"This is the only litigation we're currently involved in involving the right to film in New Jersey," she said. "There is no perfect policy in New Jersey right now but I would say the Marlboro policy, for example, (has) a number of positive elements. It clarifies that individuals have a right to record on their phones."

A West New York spokeswoman has not yet responded to inquiries about the lawsuit and the ACLU-NJ's call for a new town policy.

Livengood also said that "under these circumstances Mr. Sanchez was absolutely within his rights not to give his I.D.," because he was on a public street, far from police, and engaged in "perfectly lawful conduct."

Neither Livengood nor Sanchez knew the reason the teens were being arrested, but Livengood said that it didn't matter at this point; the right to film applies to any situation involving police conduct.

This would not be the first suit that was filed on behalf of a citizen who directed a cell phone camera at police activities. In 2012, Newark teen Khaliah Fitchette won her ACLU lawsuit after she was arrested for filming Newark police officers in 2010 as they aided a man who collapsed on a bus. It was an attempt, she said, to provide proof for another rider's boss that his bus had been stopped on the way to work.

As a result of that settlement, the Newark Police Department adopted a policy on the right to record police activity, the ACLU said.

UPDATE: At 3 p.m., West New York spokeswoman Natalia Novas said that because the town has not yet been served with the complaint, it is currently unable to comment on the litigation and related claims regarding policy implementation.

Laura Herzog may be reached at lherzog@njadvancemedia.com. Follow her on Twitter @LauraHerzogL. Find NJ.com on Facebook.

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