BY BEN FOGELSON
Word Games
EPD’s slapstick response to a reporter’s
internal affairs complaint.
A
Eugene Police Department officer
harassed me April 10 as I covered
an anti-war protest for Eugene
Weekly. My press pass was visible and EPD
officer Casey B. Froehlich stopped me and
asserted that I was “legally bound” to give
him my Social Security number.
I wrote a commentary in the April 17 EW.
I wrote a letter to Chief of Police Thad
Buchanan. I talked with the ACLU. I re-
quested an advocate through the Eugene
Human Rights Department. I filed a formal
complaint with EPD Internal Affairs (IA), all
in hopes of discovering what recourse our
city provides to those abused by our public
servants. I waited.
Buchanan forwarded my letter (posted at
www.eugeneweekly.com) to IA Coordinator
Sgt. Kel Williams, who had also received my
official IA complaint. My letter primarily ex-
pressed concern that Froehlich threatened me
with citation or arrest were I not to give him
my Social Security number.
On April 30 I received a letter (also posted
on the EW website) from Williams devoid of
any mention of Froehlich’s demand for my
Social Security number under threat of cita-
tion or arrest.
Section 7 of the Privacy Act of 1974 (see
http://cpsr.org/cpsr/privacy/ssn/ for this and
other information regarding privacy and your
Social Security number) makes it illegal for
an officer to demand your Social Security
number or revoke any rights if you choose to
withhold it — unless that officer also tells
you about your privacy rights and how the
number will be used. Froehlich’s demand
was therefore a violation of federal law.
I understood my letter from Williams
served as a declined claim. It’s alright, the let-
ter said in effect. Everything you experienced
was OK. So I called back and talked to
Williams again.
I told Williams that I had identified myself
as a member of the press to Officer Froehlich,
and Froehlich continued by forcing me to
give him my Social Security number.
“By that point you’d been identified to
Officer Froehlich as someone who looked
like they might commit a crime,” said
Williams. “So the pass was no longer signifi-
cant.”
“But the pass was what the Police
Commission decided on for determining how
the media’s to be given access,” I said.
“Press passes aren’t government-issued
identification,” said Williams. “Anyone can
make those.”
“So you’re saying,” I said, “that the new
Police Commission specifications concern-
ing media access, including very specific
press passes, have no practical validity on the
street?”
“That’s not accurate,” said Williams.
In July 2002 the Eugene Police
Commission ordered a new policy regarding
media access at large scale events (available
at www.eugeneweekly.com), including de-
tailed specifications for the size and look of
new press passes, with which my pass was,
and still is, in accordance.
“I asked Officer Froehlich if I was legally
bound to give him the answers to his ques-
tions,” I continued. “He said yes.”
“Officer Froehlich told me you asked him
if you were required to answer his questions
and that he asked you for your Social
Security number after that,” said Williams.
“You would’ve needed to ask him more
specifically.”
The only way I could’ve been more spe-
cific is if I’d repeated my question as he filled
out … each … line … on … his field card.
“That’s a word game, Kel,” I said.
“I know it’s a word game,” said Williams.
“We play word games on the street all the
time.”
PATTERN OF ABUSE?
On April 22 about 10 bicycling protesters
were stopped by 28 EPD officers. At least one
of them was forced into giving his Social
Security number, and another withheld it after
being asked. Police spokeswoman Pam
Olshanski said, “As far as I know, it’s alright
for an officer to ask for somebody’s Social
Security number, but no one has to provide it.”
About my experience, local attorney
Lauren C. Regan said, “There are federal
precedents indicating the officer in your case
broke the law. An officer can only take your
name, address and date of birth if you are
being detained through reasonable suspicion
that you have committed a crime or are about
to commit a crime. By showing your press
pass, you adhered to their policy.”
It seems the Eugene Police Department is
out of control.
ew
If I am not under arrest, I wish to go freely on my way. If I am under ar-
rest, please tell me. In either case I refuse to consent to any search of my per-
son, my effects, my property, my premises, my car or the location of my ar-
rest. I wish to remain silent and have my attorney present during any ques-
tioning, lineup or search. If you ignore my exercise of these rights or attempt
to obtain a waiver of such rights, then I want to talk to my attorney before
any conversation with any law enforcement agent, especially concerning
the subject of waiver. I exercise these rights as guaranteed under the statutes
and Constitutions of Oregon and the United States.
www.eugeneweekly.com
CLIP AND SAVE
CLIP AND SAVE
SO … CHECK OUT THIS CARD. It’s something to cut out and laminate. You
may want to hand it to any law enforcement officer who you feel is violating
your human and/or civil rights, or simply if you don’t like the way they’re
speaking to you. Please note the utmost importance of the first line:
EUGENE WEEKLY MAY 29, 2003 7