S. Adelman typed copy some corrections for grammar and spelling
On February 9, 2016 at approximately 7:46p.m. Officers
S. Branch #331, E. Cannon #428 and R. Craig #411 were at DART Rosa Park Plaza Bus Station located on 901 Elm Dallas County, Dallas, Texas regarding a white male passed out and needing medical treatment. Dallas Fire and Rescue #28 arrived and were treating the white male for K2. An unknown white male with a camera walked up to the medical scene and started taking pictures of the passed out white male. DFD # 28 was treating the white male subject. The white male with the camera later identified as Adelman, Avi. Adelman kept walking around the scene, trying to get closer photo shots of the medical scene. DFD #28 fire fighters and Captain stated, Hey guys that man is taking pictures and moving too close, beware. Keep him back and away from our scene as we try to treat this man! Branch asked, Sir please stay back so the fire fighters can help this man. Sir, do not take pictures of DFD treating the victim, give him some respect. Stay back. Adelman stated, No, I have a right to be here and you cannot make me move. Do not touch me and I am not leaving. Call the sergeant and the Chief cause I am not
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Adelman
DART POLICE REPORT / ARREST 2/9/2016 / Avi
S. Adelman typed copy some corrections for grammar and spelling leaving! I have emailed your chief and I will do it again. I can do what I want here. Branch asked Adelman, Sir, please do not get any closer to the medical scene. Sir, you are interfering when you are trying to get closer to take pictures. Sir, please step back and give DFD #28 space to work. Sir, the DFD unit does not want you to move any closer to the medical scene, it is interfering with the direct treatment of the white male. DFD is not comfortable with you being this close to them, move back. Adelman walked directly to Branch and asked for Branchs badge number. Branch was standing directly in the medical scene. Branch told him, 331 is my badge number and please move back. Youre interfering. Adelman kept walking up to Branch and taking pictures as he demanded Branchs badge number. Branch asked Adelman again to step back and the badge number is 331. Adelman continued to interfere by trying to advance closer to into the medical scene to take a closer picture of the white male on the ground, passed out. DFD had advised Branch to keep Adelman back from interfering while they give medical treatment to the white male passed out.
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Adelman
DART POLICE REPORT / ARREST 2/9/2016 / Avi
S. Adelman typed copy some corrections for grammar and spelling Adelman stated, Call your sergeant and Chief. I do not have to leave anywhere and you cannot stop me from taking pictures. Branch informed Adelman, You cannot keep getting close to the medical scene, you will be seen as interfering as they try to help the person. Adelman stated, I dont have to move anywhere. I am on City of Dallas property. I dont give a damn about you or that man! Call your sergeant now! Adelman continued to yell, taking more pictures and causing a scene. Adelman continued to draw attention away from DFD #28 medical treatment and repeatedly yell at officers and DFD #28 firefighters. Adelman continued to make close circles around DFD #28 medical unit as they tried to wake the white male on the ground. Adelman yelled at officers and DFD #28 medical unit on the scene and continued to advance closer for closer pictures. Branch continued to warn Adelman that his making the DFD #28 uncomfortable with moving closer for pictures and not letting them treat the white male in peace. Branch stated to Adelman, Sir, you are interfering with the way they perform their duties to help a person by running up on them taking pictures. You cannot run up and take pictures which will interfere with this mans right to medical treatment. You are interfering in medical 3 | Page
Adelman
DART POLICE REPORT / ARREST 2/9/2016 / Avi
S. Adelman typed copy some corrections for grammar and spelling treatment. Stop moving too close to DFD #28s medical scene. One unknown passenger was at the bus stop looking at Adelmans behavior and actions, stating, Hey, man, move so they can help that man! Branch asked Adelman several times, Leave the area and medical scene. Sir, please get back. Please leave. Sir, please leave the location and leave the medical scene. Sir, please stop taking pictures, you are too close to the medical scene. Sir, you are interfering with DFD giving treatment. Sir, are you using DART buses or trains? Adelman stated several times, I am not leaving now and I will not stop taking pictures. That man or you do not have any rights to not have me take his picture. HIPPA does not apply to me or him. He is no one! Branch called for Dallas Police Officers to the location while the K2 white male passed out and other officers assistance. Cannon and Craig (DART) were still assisting DFD #28 with the white male that was being combative after being passed out. Adelman continued to get close again to the medical scene and get close-up pictures of the white male 4 | Page
Adelman
DART POLICE REPORT / ARREST 2/9/2016 / Avi
S. Adelman typed copy some corrections for grammar and spelling receiving medical treatment. Adelman, please step, you are moving closer to the medical scene and interfering with the medical treatment. Adelman made several demands for Adelman to step back away from DFD #28 medical unit scene and stop interfering with [his] picture taking. It was interfering with DFD #28 giving the white male medical treatment with feeling threatened by the sudden closeness of Adelman. Branch informed DART Sergeant T. Hutchins #379 and H. Hutchins #306 of the situation with Adelman by cell phone. Adelman made another attempt to get a close-up picture of the medical scene. Branch tried to detain Adelman using a wrist restraint and Adelman resisted the detention. Branch continued to try to handcuff Adelmans left wrist. The detention of Adelman was completed with the help of DART Police Officer D. Flemings #427. Adelman was double handcuffed for safety. H. Hutchins and T. Hutchins arrived on the scene and explained to Adelman that his refusal to leave DART property and continuing to advance towards the medical scene was interfering and criminal trespassing. Adelman continued to state he had a right to take pictures on DART property. H. Hutchins informed Adelman that he did have the right to take pictures but when he interferes in the 5 | Page
Adelman
DART POLICE REPORT / ARREST 2/9/2016 / Avi
S. Adelman typed copy some corrections for grammar and spelling direct treatment of anyone needing or getting treatment it is against the law. H. Hutchins asked Adelman if Branch asked him to leave the location. Adelman stated, Yes, the officer told me to stop and leave. But I have a right to be in or on public place to take pictures. It is my right. H. Hutchins informed Adelman again that Rosa Parks Plaza was DARTs property and rights to remain on the property can be issued and taken away for disruptive behavior. These rights to remain or stay on DARTs property can be taken away for law violations. H. Hutchins informed Adelman he received several verbal warnings to stop interfering and to leave DARTs Rosa Parks Plaza by Branch, and refused. Which Adelman was going to jail under arrest for Texas Penal Code Criminal Trespass, Class B Misdemeanor. Branch informed Adelman he also violated DARTs Code of Conduct 2.20 (a) 4, Engaging in disruptive or disturbing behavior, including loud conversation, profanity or rude insults. 15. Using a DART facility or property for non-transportation related purposes without authorization. Adelman delayed the treatment to the white male by his continuing to interfere with their duties. Adelman 6 | Page
Adelman
DART POLICE REPORT / ARREST 2/9/2016 / Avi
S. Adelman typed copy some corrections for grammar and spelling continued to interfere with the direct medical treatment of the white male by continuing to advance really close to DFD #28 paramedics as they treated the white male. Adelman continued to interfere by stepping really close to the medical scene to yell at DFD and Branch, then snapping pictures. Branch wrote a DART Criminal Trespass Warning for Adelman under DART Police DTC16000489. Branch explained he would be under arrest for violating a trespass warning at DARTs Rosa Parks Plaza loation on 901 Elm Street, Dallas TX. Adelman was told to leave several times, stop interfering with medical treatment and being a public nuisance. Branch wrote Unable to sign, in custody in the signature part for Adelman. Adelman was in handcuffs and under arrest so he could not sign. Adelman was issued a DART Police Misdemeanor service number M1616393 for Texas Penal Code 30.05 Criminal Trespass Misdemeanor Class B. Branch explained to Adelman he was banned from entering or remaining on DARTs Rosa Parks Plaza / 901 Elm Street and CBD West Station / 920 San Jacinto, starting 2-9-2016 and ends 2-9-2017. Adelman said, I agree and disagree. 7 | Page
Adelman
DART POLICE REPORT / ARREST 2/9/2016 / Avi
S. Adelman typed copy some corrections for grammar and spelling Branch and Henderson transported Adelman to Dallas County Jail and book-in. Branch and Henderson cleared without any further incidents. Recorded incident on DARTs Sony recorders #56 and #57.
Robert & Linda Provost, Plaintiffs-Appellants-Cross-Appellees v. The City of Newburgh, Ulysses Otero and Patrick Sorrentino, John Roper, Defendant-Appellee-Cross-Appellant, 262 F.3d 146, 2d Cir. (2001)