A self-styled citizen journalist who filmed a physical confrontation with Morro Bay Police Chief Greg Allen and another officer says he is considering taking legal action against the city.
VIRAL VIDEO Santa Maria resident Nathaniel Thomas said his right to film in public was violated after a physical confrontation with Morro Bay Police Chief Gregory Allen and Officer Greg Gruitch on Feb. 6.
VIDEO BY NATHANIEL THOMAS VIA YOUTUBE.COM
Nathanial Thomas, a Santa Maria man who posts videos of himself filming at various government facilities, says he believes the incident, which ended with Allen and Morro Bay Police Officer Greg Gruitch forcing him to the ground and handcuffing him, violated his rights.
“This was obviously a physical assault,” Thomas told New Times. “I have legal representation already. We are going to file a claim against the city. We are possibly going to pursue criminal charges as well.”
Thomas, who films at police stations, military installations, and other government buildings in what he and others call “First Amendment audits,” said he was confronted by Allen and Gruitch after filming both outside and inside the Morro Bay police station on Feb. 6. A short clip of the confrontation, filmed by Thomas, begins with Gruitch stating that Thomas committed a misdemeanor crime by filming inside the police station, though he cannot cite a specific penal code. Thomas responds that he’s filming in the lobby, which is a public space.
After Gruitch asks for Thomas’ name and identification, Thomas refuses. The video ends with the two officers grabbing Thomas and forcing him to the ground after he refuses to identify himself and asks to speak to his lawyer.
“I hit my head on the concrete,” Thomas said. “I saw stars.”
Thomas said he was handcuffed and placed in a police car for about 45 minutes to an hour before he was released without any charges.
According to a statement from the Morro Bay Police Department, Allen detained Thomas out of a concern for officer safety, stating he had “an immediate concern for the safety of police employees based on his personal knowledge of past attacks on stations.”
In Thomas’ video, Allen raises concerns that Thomas was filming around the back of the station, where officers enter and exit the facility.
“I have officer safety concerns for my officers,” Allen said in the video. “In a lot of towns we have people all the time, and we’re not accusing you of this, but [they] may not have the best intentions for our officers.”
The department’s statement said that Thomas was released after an investigation into his identity and actions “revealed he posed no public safety threat.” Allen did not respond to New Times’ request for comment.
Despite Allen’s concerns, Thomas said he still had a right to film the station, noting that he only filmed the station from public areas.
“They were obviously ignorant of the law,” he said. “They are going to be held accountable for that.” Δ
This article appears in Weddings 2018.
This guy is a scam artist trying to make a living by causing disturbances then playing victim. His purpose is not to “Audit” Government facilities, but to hit a payday by creating a hostile atmosphere. He reminds me of the guy who throws water on the floor at the grocery store and then pretends to fall. Wondering if this is his full-time job. If this fool follows through with going to court I hope the judge fines him for disturbing the peace. There’s enough real world problems to deal with, what an asshole. He probably spends the rest of his time and his mother’s basement trying to cast spells.
A cop should know the law. But a citizen is required by law to identify themselves to officers when asked. So they were both in the wrong. We hold cops to higher standards though.
There is no obligation in California to identify yourself unless you are arrested for a crime (if you are operating a motor vehicle a different set of standards apply). Concerns for Officer Safety without valid probable cause or RAS do not trump a citizen’s right to film in public areas. Handcuffing and IDing someone in those circumstances is actually a violation of law and a potential civil rights violation. Usually these sorts of cases do not get pursued because it is expensive to file suit and hire a lawyer. The public agencies have the advantage of being tax payer funded so unless there is a large hue and cry police often are able to violate the rights of citizens with impunity. We shall see what happens in this case.
Settle the case for $8.50… minimum wage for time detained.
Diana February is absolutely wrong about a citizen being required to identity themselves to a police officer when asked. There are circumstances when this is true, but it was NOT true in this case.
Do your family a favor and stay as far away from morro bay as possible! SERIOUSLY!!! Morro Bay is an extraordinary corrupt town from top to bottom. The residents are literally insane! Fact is the whole damn town is LAWLESS and corrupt, do not patronize any restaurants or buy anything, Save yourself, leave as soon as you can!!!!!!!!!!
The Morro Bay cops love to beat innocent tourists. Absolutely no doubt the worst corrupt most dangerous town in America! The citizens of Morro Bay are nothing but motherfuckers, cocksuckers, butt fuckers, shit heads an assholes!
I was just wrongly arrested by these tyrants. Will address it Tuesday at city council
I’m in law enforcement.. Theres cameras everywhere… The ex chief spent over 30 years in law enforcement in LA…his tone is tempered toward getting his way even when he’s wrong… Public photography IS Not A Crime… We get filmed every damn place.. The bank.. The supermarket.. Clothing stores.. Nobody cries about it.. But you see a person holding a camera oh my gosh.. Lol.. The Supreme Court and the ninth circuit Court of appeals as well as many other courts have ruled its legal and cannot be made to be suspicious by law enforcement.. This ain’t nazi Germany.. To the guy who said this is about a pay day.. No illegal arrest no pay day.. Hmmmmmmn???????
He was doing nothing but taking pictures, like 1,000s of tourists do all the time in Morro Bay. He was slammed on the ground for it. He wasn’t lawfully being arrested and struggling, so throwing him on the ground like that SHOULD be enough to convict both of themy of a felony by itself. Comparing the victim of an assault by law enforcement agencies “scam artist” is disgusting. He did NOTHING wrong in the eyes of anyone who respects our Constitution, and was under no obligation to show ID, or even acknowledge their presence.
Diana February, That has to be one of the most ignorant statements I’ve ever read in my entire life.
You’re the type of people that these tyrants take advantage of for being ignorant of the law. We have the Fourth Amendment in this country, which gives you the right to be secure in your papers,persons and effects.That means your identification. There’s not a SINGLE state in this country where a police officer can demand identification absent R.A.S (Reasonable Articulable Suspicion) of criminal activity being afoot. Not even in stop and I.D states, they still need R.A.S
A huge part of the problem is it takes longer to train to become a barber in most cities and counties in this country than it does to become a police officer, and then once the majority of them actually do become police officers, they spend more time at the firing range than they do what the law library which results in civil rights violations like this nationwide.
The other half of them know that they’re breaking the law but they do it anyway because they know they’re going to hide behind qualified immunity and it will just be the taxpayers that end up paying for it anyways