Allentown resident Phil Rishel reportedly regularly stands on sidewalks outside local police precincts and films officers to “protest the Allentown Police Department’s long history of brutality and misconduct, and to advocate for greater police accountability.”
Now Rishel is suing the City of Allentown and two Allentown police officers for allegedly violating his First Amendment rights after they attempted to remove him from the sidewalk outside a Hamilton Street police station.
Rishel was reportedly accused of loitering by a police captain in February and directed to leave the sidewalk outside of the station.
In a video taken by Rishel on March 26, an officer drove his patrol car out of the station’s parking garage and onto the sidewalk in an attempt to guide him away. Rishel yelled curse words at the officer, refusing to leave what he argued was a public sidewalk. The officer can be seen in the video pointing to a “no trespassing” sign on the wall. A sergeant then came outside to tell Rishel to leave, according to the lawsuit.
On March 27, Rishel recorded another video at the station of the sergeant reminding him that he was asked not to return the day before. Rishel argued again that it was a public sidewalk and that he was protesting, saying his First Amendment rights allow him to record videos in public.
The sergeant said Rishel wasn’t protesting, but was “being a nuisance,” and claimed that video recording is not covered under the First Amendment.
Rishel received a citation in the mail charging him with disorderly conduct and loitering. The lawsuit is filed by the Foundation for Individual Rights and Expression, a nonpartisan organization dedicated to “defending the individual rights of all Americans.” They are seeking a declaration that the officers violated First Amendment rights, an injunction against the City of Allentown for failing to provide proper officer training, and an award of damages for unjust treatment.
Requests for comment from the City of Allentown were not immediately answered on Wednesday.
