{007} Stand-off

While I was standing there taking this picture, the guy in the left of the frame was asking the police officer whether he could join the protest. The officer told him very politely that he could not, because it was an unlawful protest and the police officers were now just trying to contain it. The guy in the left of the frame asked about his Constitutional right to assembly. "I understand how you feel," the officer said, "But these people have already committed acts of vandalism. Right now, our job is just to contain them."

Explored 1/7/09

To take full advantage of Flickr, you should use a JavaScript-enabled browser and
install the latest version of the Macromedia Flash Player.

Comments

Married with Dinner says:

that's... not the exchange I would expect from either of these people. that's something to be optimistic about.
Posted 12 months ago. ( permalink )

type.wright says:

thank you for getting out there and covering this.
Posted 12 months ago. ( permalink )

The Inadvertent Gardener says:

Anita, it was, indeed, something that surprised me...and gave me some hope. It wasn't until I processed this photo, though, that I really started paying attention to the expression on the officer's face. He looks compassionate...and terrified.
Posted 12 months ago. ( permalink )

The Inadvertent Gardener says:

Type.wright, you're welcome. I was glad I went, although also glad I didn't stay out much longer than I did.
Posted 12 months ago. ( permalink )

btnheazy03 says:

Good exchange, however his right to assembly was still denied.
Posted 12 months ago. ( permalink )

Daniel Holter says:

Indeed... thx for doing your part.
Posted 12 months ago. ( permalink )

/| says:

It's always encouraging to hear of instances like this.
Hopefully everyone can bring back the human element to the problem.
Posted 12 months ago. ( permalink )

lgcJH8wvOT6 says:

What was that officer's name, and where can we send him flowers?
Posted 12 months ago. ( permalink )

*narly says:

Great photo and fascinating conversation that you witnessed. Thanks for sharing :-)

(p.s. if you're wondering about the view count, this photo was linked from reddit.com)
Posted 12 months ago. ( permalink )

/| says:

Also, thanks for getting out there and recording this chunk of history.
Real points of view are getting harder and harder to find.
Posted 12 months ago. ( permalink )

math0ne says:

Good stuff m8.

It's funny how pics of protests in the US mostly involve shots of large crowds of police. Last time i checked it was the citizens that had a right to assemble, not the police.
Posted 12 months ago. ( permalink )

sethrd86 says:

btnheazy03: The constitution allows the right to PEACEFUL assembly, not the right to gather and be destructive.

Great shot, and a great story to go with it.
Posted 12 months ago. ( permalink )

toddrepp says:

Any chance you would change the licensing on this photo to a creative commons license? I'd like to share it with more people.

www.flickr.com/help/photos/#87

Thanks! for the license change.
Posted 12 months ago. ( permalink )

infernowasp says:

Thanks for the great pictures. Moments like these can't be captured from a hovering news chopper.

Take care,

Will
Posted 12 months ago. ( permalink )

Jim Skea says:

A great piece of photojournalism, particularly with the accompanying text.
Posted 12 months ago. ( permalink )

Vitruviux says:

Officer: "You got a donut.... boy!?"
Posted 12 months ago. ( permalink )

jake_the_snake says:

If the exchange went down like that, there's one hell of an exemplary officer. Kudos to him for maintaining his integrity and service.
Posted 12 months ago. ( permalink )

Electric Spam says:

Great photo and fascinating caption.
Posted 12 months ago. ( permalink )

Herm Lou says:

Nice shot !!!
Posted 12 months ago. ( permalink )

t_cfu says:

What a great shot!! I'm sure most officers agree it was a wrongful death, so his compassion is understood. It was a BART officer who shot the man, not OPD.
Posted 12 months ago. ( permalink )

deb roby says:

Great photo. Fabulous caption. It changed the way I responded to the photo.

For those discussing the constitutional right: it is a right to PEACEFUL assembly. As soon as things deteriorated into riot and distruction, that right no longer existed.
Posted 12 months ago. ( permalink )

keckler22 says:

Sing it, deb!

Nice going, Genie.
Posted 12 months ago. ( permalink )

jennifer_jeffrey says:

Wow. I was so worried about you last night watching your updates... but these photos are awesome. Thanks, and I'm so glad you're safe & sound.
Posted 12 months ago. ( permalink )

ethan.john says:

His rights weren't being denied. He was there, he was assembling. Just because he wasn't being allowed to join the fray of vandals doesn't mean his rights were being denied.

Also, fantastic shot. Love the white balance that highlights the blue glow.
Posted 12 months ago. ( permalink )

Master Bob says:

Seen on reddit.

Nice photo journalism.
Posted 12 months ago. ( permalink )

SixyBeast says:

good job Genie. I am glad you were sensible and got out as soon as you did. I was caught up in the Poll Tax Riots in London back in the late 80s. I wish I'd had a camera back then, I saw some incredible images that will stick with me all of my life.
Posted 12 months ago. ( permalink )

michaelseanscott says:

For you guys saying they lost their right to assembly when people started breaking things, you need to look up the term "agent provocateur."

That is how they remove our right to assembly while you all go along with it. Sad.
Posted 12 months ago. ( permalink )

DottieboBottie says:

Awesome photo. I am sad that you had to witness it first hand, but I am glad you got the hell out before it got really ugly.

It is so sad that it came to this. And as for the people destroying business and private property, one person had this to say:

"She should be glad she just lost her business and not her life," Sykes said.

www.sfgate.com/cgi-bin/article.cgi?f=/c/a/200 9/01/07/MN2N...

Sad.
Posted 12 months ago. ( permalink )

eblack says:

Cops will surprise you sometimes. I was taking photos in the middle of an Iraq War protest in Seattle that started to get ugly - the riot cops started funneling everyone down the same street to avoid it spilling out into the rest of the city, and had guys in body armor blocking off the side streets. I went over to a cop in a regular patrol uniform and told her I was concerned for my safety, and had just been there taking pictures. She grabbed another officer from somewhere and asked him to escort me past the police line.

I was impressed, and actually felt like my tax dollars were well spent for once.
Posted 12 months ago. ( permalink )

peteparker03 says:

The cop is right tho, the right is to assemble, not disassemble.
Posted 12 months ago. ( permalink )

john_hancock_1776 says:

Try reading the Constitution once. The U.S. Constitution protects the right to PEACEABLY assemble. This protest was anything but peaceable. So quit whining about your rights, idiots.
Posted 12 months ago. ( permalink )

neandorman says:

I am equally impressed by the civilian's request to join the "assembly."

I believe most civilians in this situation would simply feel entitled to assemble and wouldn't even give the cop an opportunity to respond so humanely to such a request.
Posted 12 months ago. ( permalink )

Wagnerian says:

Christ... the 'guy on the left' is me! That's not exactly how i remember the conversation, but it was very civil. I live in that neighborhood. I had just come from hiding out in a restaurant from the riot cops. I was slightly drunk from having sucked down a gin and tonic really quckly while waiting out the storm. Honestly, I thought the helicopters and riot gear theater of the police was just making the protest worse.
Posted 12 months ago. ( permalink )

greyghoster33050 says:

To serve and to protect... seems to me this officer was doing his job, and doing it well.
Posted 12 months ago. ( permalink )

joel.spitsnaugle says:

awesome in-the-moment shot, seen it at:
sfist.com/2009/01/08/photo_from_oakland_ploce _shooting_r....
Posted 12 months ago. ( permalink )

jamesturner says:

that's great.. totally not the exchange i was thinking of, especially from two hostile looking figures
Posted 12 months ago. ( permalink )

Bad, Bad Lechroy Brown says:

stellar shot-

I must say its too bad more peaceful protests weren't organized and enforced. I was down there with my lady and it was no scene for us.

Not sure if any point was really made after all by inciting more violence. Bummer.
Posted 12 months ago. ( permalink )

jussigrau says:

Nice
Posted 12 months ago. ( permalink )

roberto.episcopo says:

Awesome capture.
Posted 12 months ago. ( permalink )

MeadowlarkGurl says:

Thanks for sharing that. I get so tired of "all cops are bad" and "all protesters are trying to incite riots". People are human. Both sides.
Posted 12 months ago. ( permalink )

leftoverking says:

interesting exchange between these two parties. seems like both got their points across. great photos, and thanks for sharing them.
Posted 12 months ago. ( permalink )

cometparty says:

It's a really good picture. The expression, the balance of the lighting. I don't know, it's just perfect.
Posted 12 months ago. ( permalink )

Denny Eyberg - Raleigh says:

Here is an interpretation to the First Amendment as it relates to the freedom to assemble:

The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief. The Supreme Court has expressly recognized that a right to freedom of association and belief is implicit in the First, Fifth, and Fourteenth Amendments. This implicit right is limited to the right to associate for First Amendment purposes. It does not include a right of social association. The government may prohibit people from knowingly associating in groups that engage and promote illegal activities. The right to associate also prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individual's current or past membership in a particular group. There are exceptions to this rule where the Court finds that governmental interests in disclosure/registration outweigh interference with first amendment rights. The government may also, generally, not compel individuals to express themselves, hold certain beliefs, or belong to particular associations or groups.

This and more interpretations can be found at topics.law.cornell.edu/wex/First_amendment
Posted 12 months ago. ( permalink )

memos to the future says:

I can respect a cop who respects people.
Posted 12 months ago. ( permalink )

ringsabre says:

That is an encouraging exchange. These things are a balance, aren't they? There's the right to assemble, but also the right of property (in this case, to not have people destroying your property).

I would totally respect a cop who spoke to me that way.
Posted 12 months ago. ( permalink )

yellowplease says:

i like that, a cop who knows whats going on, he understands the situation and is not aggressive , great photo
Posted 12 months ago. ( permalink )

tshane says:

Great capture and backstory. It's always nice when people run across photos of themselves on flickr.
Posted 12 months ago. ( permalink )

«daveB» says:

"btnheazy03 says:

Good exchange, however his right to assembly was still denied."

Though we all have the constitutional right to peaceably assemble you still need to require a permit from the city/county/state (wherever you're protesting).

Furthermore, this protest had violated the "peaceably" aspect of "peaceably assemble" and so they violated the laws of Oakland and law enforcement was required to contain the demonstration.
Posted 12 months ago. ( permalink )

dmourati says:

Read after me:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Posted 12 months ago. ( permalink )

Kelly Denker says:

Although in a legal sense I disagree with him denying the right to protest...well, i still think the officer is doing the right thing. He is helping people and trying to protect people.
Posted 12 months ago. ( permalink )

thinkfromscratch says:

nice find! well captured
Posted 12 months ago. ( permalink )

jami_lee says:

this is a strong shot, well done!
Posted 12 months ago. ( permalink )

aviana2 says:

Congratulations on Explore #1!

Posted 12 months ago. ( permalink )

evamathemat says:

great photojournalism shot !

--
Discovered using FlickrFox. (?)
Posted 12 months ago. ( permalink )

Coyote2024 says:

Great capture!
Posted 12 months ago. ( permalink )

Maphi74 - read my profil says:

Wonderful Shot

Hi, I'm an admin for a group called Marc´s Flickr Group - Post1/Comment1, and we'd love to have this added to the group!
Posted 12 months ago. ( permalink )

pohandellfi says:

Kambeeng
Posted 12 months ago. ( permalink )

The Inadvertent Gardener says:

Hi everyone...just wanted to thank all of you for visiting, for commenting, and for taking time to look at my work. I can't reply to everyone, and I have to say I'm overwhelmed by the response to this photo...and its caption...but I am so appreciative of all of it. Please feel free to keep discussing -- and I'll keep reading.
Posted 12 months ago. ( permalink )

davisdebard says:

Correct me if I am wrong, but the irony of the protest (and these pictures) is that police officers are paid by taxpayers to protect against murderers. The police officer who shot the innocent kid at the BART station is the murderer and he gets the garrison to protect him. The citizens need a force to protect us against police officers who murder! Batman?
Posted 12 months ago. ( permalink )

theoglobal says:

Thank You for This.
All civil dialog between people is encouraging
Posted 12 months ago. ( permalink )

Lesstimeonlinein09 [deleted] says:

Well reported exchange.
Posted 12 months ago. ( permalink )

Spiritualmonkey says:

Those of us who actually live and work here in Oakland resent the fuck out of what seems like a whole lot of people from the neighboring cities coming to our back yard for a break-&-burn party.

Oscar Grant's killing is an outrage and his killer needs to be held accountable.

But so do the rioters. The economy sucks and they smashed a lot of local business windows and cars that belong to locals trying to make a living and a life here.

They didn't shoot Oscar. Neither did the OPD.

Props to the officer in this pic.
Posted 12 months ago. ( permalink )

Fatemeh says:

Actually, the police are paid to Protect and Serve against murderers, drug dealers, drunk drivers and, you guessed it, vandals.

Two of my favorite Downtown Oakland small businesses are shuttered today because a bunch of (largely) non-Oakland dwellers to decided to resort to vandalism and violence to make a point that was never heard above the noise of broken windows and flaming dumpsters.
Posted 12 months ago. ( permalink )

yphatt says:

Hi, I'm an admin for a group called 點滴旅程, and we'd love to have this added to the group!And I hope you will join us. Let share our life now.
Posted 12 months ago. ( permalink )

K Kay says:

Hi, I'm an admin for a group called creative comments (Post on Mondays), and we'd love to have this added to the group!
Posted 12 months ago. ( permalink )

:-) ALASKAN ;-) says:

Two wrongs don't make a right. There is no excuse for the actions of the officer who fatally shot the victim. There is also no excuse for the rioting that followed. Justice takes time, whether the murderer is a police officer or not. Violence begets violence. Crowd mentality results in stupidity. You can be assured that none of the now resigned officers coworkers support his actions. They still have a job to do, and as is illustrated here, continue to do it professionally.
Posted 12 months ago. ( permalink )

carlosischarlie says:

Of course you have the right to assembly. But why would people not give the officer the benefit of the doubt?
Posted 2 weeks ago. ( permalink )

Would you like to comment?

[?]

	The Inadvertent Gardener's photostream
		0

	BART Protest (Set)
		14 items
	Part of: Oscar Grant Aftermath

This photo also belongs to:

	Explored (Set)
		0

	365 in 2009 (Set)
		0

	Oakland, California (Pool)
		0

	SFist (Pool)
		0

105 people call this photo a favorite

Additional Information

Uploaded using Flickr Uploadr 3.0 (Mac)
Taken with a Canon EOS Digital Rebel XSi.
More properties
Taken on January 7, 2009
Viewed 59,235 times

Add to your map

Yay location removed

...

(Some formats are OK.)

Or, remove it from the map.

Go to the map

You	Sign in \| Create Your Free Account
Explore	Places \| Last 7 Days \| This Month \| Popular Tags \| The Commons \| Creative Commons \| Search
Help	Community Guidelines \| The Help Forum \| FAQ \| Sitemap \| Get Help

{007} Stand-off

Comments

Married with Dinner says:

type.wright says:

The Inadvertent Gardener says:

The Inadvertent Gardener says:

btnheazy03 says:

Daniel Holter says:

/| says:

lgcJH8wvOT6 says:

*narly says:

/| says:

math0ne says:

sethrd86 says:

toddrepp says:

infernowasp says:

Jim Skea says:

Vitruviux says:

jake_the_snake says:

Electric Spam says:

Herm Lou says:

t_cfu says:

deb roby says:

keckler22 says:

jennifer_jeffrey says:

ethan.john says:

Master Bob says:

SixyBeast says:

michaelseanscott says:

DottieboBottie says:

eblack says:

peteparker03 says:

john_hancock_1776 says:

neandorman says:

Wagnerian says:

greyghoster33050 says:

joel.spitsnaugle says:

jamesturner says:

Bad, Bad Lechroy Brown says:

jussigrau says:

roberto.episcopo says:

MeadowlarkGurl says:

leftoverking says:

cometparty says:

Denny Eyberg - Raleigh says:

memos to the future says:

ringsabre says:

yellowplease says:

tshane says:

«daveB» says:

dmourati says:

Kelly Denker says:

thinkfromscratch says:

jami_lee says:

aviana2 says:

evamathemat says:

Coyote2024 says:

Maphi74 - read my profil says:

pohandellfi says:

The Inadvertent Gardener says:

davisdebard says:

theoglobal says:

Lesstimeonlinein09 [deleted] says:

Spiritualmonkey says:

*Fatemeh* says:

yphatt says:

K Kay says:

:-) ALASKAN ;-) says:

carlosischarlie says:

Would you like to comment?

The Inadvertent Gardener's photostream

BART Protest (Set)

Explored (Set)

365 in 2009 (Set)

Oakland, California (Pool)

SFist (Pool)

Tags

Additional Information

Fatemeh says: