Savannah Police Department Complaint and Statement against Savannah Police Department Officers Detective Robert L. Chandler #108 Jack Willis Mark McCartha On Saturday, September 16, 2000, about 5:30 PM, at the location of Forsyth Park, Savannah, Georgia, the above named officers acted improperly. Their actions should be investigated and punished. This is what happened, and what was said: We arrived at the Savannah Jazz festival in Forsyth Park about 5:30 pm. After finding a place to sit, my friend, Gene, decided to hand out cards that had a political website on them and while doing so was carrying a flag that is associated with the website. When handing out the cards he only said 'Check us out on the web.' He was not being loud or causing a disturbance. When people asked him questions, he would squat or sit on the ground to talk to them. Within about twenty minutes, Officer Robert Chandler approached Gene while he was talking to a Dr. Weiss. I was sitting about 20 - 30 feet behind and to the right. I could see what was happening but I could not hear anything. Then Officer Chandler had Gene go away from Dr. Weiss and talk to him. Then Officer Chandler left and Gene went back to talk to Dr. Weiss. As Officer Chandler was walking away he stopped and said something to Officer Jack Willis who then stood about 10 feet away from Gene and Dr. Weiss until Chandler came back. I went and asked Gene what the police officer said and he said, 'the usual'. I went back to where I was sitting and a few minutes later Officer Chandler came walking back with an officer in golf cart following him. Then he got Gene to go over near the middle sidewalk to talk to them. I had got up as the police officers passed me and caught up with them near the sidewalk. I said hello to Officer Chandler since I knew him. Officer Chandler said what we have is a private function because the Jazz Association had rented the park and their rules prohibited flags, canopies and passing out any literature that wasn't associated with the Jazz Association. One of the officers said that since it was a private event, that we were trespassing. I said the event was advertized to the public and the notice did not have any rules on it and it was a public concert. I asked if the rules were in writing. To which Officer Willis said 'we aren't going to go into any legal issues if you want to do that we could take this before a Judge.' (I took that as a threat to arrest me if I did not stop asking questions.) The officer on the golf cart walked up at some point and during this conversation Officer Chandler was asking for Gene's I.D. which he only supplied Chandler after Chandler said he could do this the hard way or the easy way. He also asked where Gene was staying in Savannah. When Gene objected the other officer (I think the name on his uniform was McCartha; he was a young large white male) said 'you've got him on obstruction if he doesn't give it to you.' About that time Dr. Weiss walked up and said he wanted to know what was going on and that Gene had the right to freedom of expression. Officer Willis then took Dr. Weiss by the arm and threatened to arrest him if he did not return to where he was sitting. Officer Willis then escorted Dr. Weiss back to where he had been sitting. After Chandler got the information he wanted (and I don't understand why he needed it or had any right to it since Gene was not doing anything that was criminal) he said we would have to put the flag in the car. I asked could we just roll it up and leave it on the ground where we were sitting and Chandler said 'no'. Gene asked could he still hand out his cards and Chandler said 'no'. Gene asked Chandler for his name and badge number and Chandler gave it to him on a piece of paper. Gene went to talk to Dr. Weiss while I went to pack up. Officer Willis was there talking to Dr. Weiss from when he escorted him away. Then we left. The officers violated Gene's freedom of speech by stopping him and threatening to charge him with obstruction. They violated my freedom of speech by saying that if I kept asking questions I would have to go before a judge, which can only mean if I didn't shut up that they would arrest me. Since the City of Savannah sponsored the Jazz Festival, I called Cultural Affairs on Monday, September 18th to find out was the Jazz Festival a private or public event. I was told it was a public event. When I asked if the Jazz Association rented Forsyth I was told that they had a contract to use Forsyth from where they set up their stage down to the tennis courts but that they did not pay anything and in fact the majority of the money to put on the event came from the City of Savannah. Since the event was paid for with taxpayer money and the event was in a public park, I don't think the Jazz Association could limit who attended or what they did as long as they weren't breaking any laws. Cultural Affairs was not aware of any of the rules that the Police had said had to be followed. The entire Savannah Police force should be advised that it is illegal to violate individual's constitutional rights and that to do so could result in individual repercussions as well as unnecessary costs to the City of Savannah. It is also not the kind of image that the City of Savannah should portray to the public especially at an event paid for with taxpayer money. Loretta Robinson 22 W. Bryan St., #159 Savannah, Georgia (31401) _______________________________ _____________ Signature Date