Letter: Police record union organizers

Dear Editor:

On July 1, 2011, local members of the Gainesville General Membership Branch, Industrial Workers of the World, set up a literature table and soup kitchen during the First Friday Art Walk at the corner of King and Cordova Streets as part of our ongoing recruitment organizing drive in St. Augustine.

At about 6:00 p.m., Officer John Neiderriter approached us and advised us that our activity was illegal and needed to be stopped. As I asked him questions trying to determine what specific parts of our activity were in violation of the law, he finally decided that we could continue.

Then he took out a digital camera, taking pictures and what appeared to be a video of our soup kitchen, stating that his “boss” told him to do so.

On July 6, 2011, I met with Commander Barry Fox at the police station to inquire about getting copies of any complaint or report as well as any videos or photographs that your department had related to the above incident. Commander Fox advised me that there was no record of any sort about the incident — nor any record of any photographs or videos.

He stated that Officer Neiderriter’s “boss” was Sgt. Jason Ethridge, who would be unavailable for two weeks. He said he would have Sgt. Ethridge call when he returned to duty.

Commander Fox also told me during that meeting that the officer involved probably didn’t know that our activity was legal and that he took the photos/video for later review.

As I had not heard from Sgt. Ethridge, I called and left him a voice mail message on July 22, 2011. As of today, I have still not heard from Sgt. Ethridge.

Below is from a letter that was delivered to Chief Leuders, City Attorney Ron Brown and the City Commissioners today:

The question raised by this incident is whether it occurred because of incompetence or was it an attempt at harassment/intimidation?

If it is a matter of incompetence, then the credibility of your department is certainly suspect.

If it was an effort at intimidation or harassment, why? Because we are a labor union? Because we are the working poor? Because of some personal issue(s) that the officer or your department has with some of us?

Ignorance of the law is inexcusable for people whose sole job is to enforce the law. On the other hand, if this was an attempt at intimidation or harassment, it is even more serious. That would suggest that your officers, and by extension your department, have some official or unofficial profile that they are using to run peaceful, law-abiding citizens out of town.

We are bringing this issue to your attention, Chief Leuders, because this is not the first incident of this type involving officers in your department. I and the other members of the IWW involved in the July 1 incident feel that our free speech rights and our right to free association have been infringed upon.

While those of us involved in the incident have no inclinations to engage in an on-going dispute with your department and its officers, you should be aware that the IWW has a long history of involvement in the free speech movement because freedom of speech and freedom of association are essential to organizing.

In addition, word of incompetent officers and/or police bullies can spread very quickly to the entire world in this day and age. Is this the image that you want to portray, especially in view of the upcoming 450th Celebration?

That being said, what we want from you, Chief Leuders, is, first, a written explanation as to why this incident occurred and what steps will be taken to prevent future incidents such as this. Secondly, we want your written assurance that there are no police records of the incident. If, however, a record of this incident does exist, we want copies of those records, including any video and/or photos. Finally, if your department has no video or photos, we expect an explanation of why they were taken and what happened to them.

cc:
General Defense Committee, Industrial Workers of the World
Ron Brown, St. Augustine City Attorney
St. Augustine City Commissioners
U.S. Department of Justice, Civil Rights Division

Terry Buckenmeyer
Delegate, Industrial Workers of the World, IU 640
St. Augustine, FL 32084

Photo credits: © 2011 Historic City News archive photograph