Avi S.

Adelman
5620 East Side Avenue
Dallas Texas 75214
Telephone 214.923.3562 / Fax 214-292.9761 / Avi@AviAdelman.com

TO

D. L. Mullins
Chief, Dallas Fire/Rescue
Internal Affairs Division

CC

Paramedic Dillon
Mickey Osterreicher

Date

April 19, 2016

DFR Station #19

General Counsel, National Press Photographers Association

Chief Mullins:
I am submitting this letter and supporting (photo) files as a formal complaint against the offensive,
aggressive and unconstitutional actions of two of your departments officers a paramedic and captain
from DFR Rescue #19 - on April 15, 2016.
My credentials

I am a member of the National Press Photographers Association (NPPA)

I have coordinated or supported Right to Photograph & Record In Public programs in Dallas
(2014) and Houston (2015), presented by the NPPAs General Counsel, Mickey Osterreicher, to
nearly 400 law enforcement and first responders (including the Dallas Police Department)
I am a former member of the Dallas Community Emergency Response Team
I am a former Dallas Police Department Volunteer
I have been photographing police/fire/news activities in Dallas for nearly five years, preceded by
nearly 15 years of work as a special events photographer (Online Portfolio:
www.AviAdelman.net)
I manage two websites focused on crimewatch in Dallas DailyCrimeReport.com and
DallasPoliceWatch.com
I manage a website focused on the right to photograph in public
TheRightToPhotographInPublic.com
I hold an expired Secret Service clearance for photography, up to foreign heads of state
I have consulted on the right to photograph in public with the Corpus Christi and Arlington
Police Departments, and the Texas Department of Public Safety (Rhome, TX)
Note: I normally shoot with professional cameras (eg Nikon) but on the date in question, my
camera was in the shop, so I used my smartphone

During the event referenced here, I was wearing an orange safety vest, which had a patch on the back
with the word PRESS in 2 inch high white letters on a blue background. My NPPA press badge was
clipped to the front zipper, along with a business card.

The event
At 120pm on Friday, April 15, 2016, I was driving east on Columbia Avenue when I observed a DFR
ambulance heading west. I saw an SUV with a crushed front-end against the light pole at the intersection
of Columbia and Fitzhugh Avenues.
I parked my truck at the convenience store on the southeast corner of of Fitzhugh Avenue. I grabbed my
cellphone and safety vest and exited the vehicle. By the time I crossed the street, the vest was zipped up
and I was taking photographs of the scene.
Upon approaching a DFR Paramedic speaking to one of the victims, another Paramedic [now identified
as DILLON] began to do what I call the block and dance routine. He moved around the victim and
Paramedic in a clear and unambiguous effort to block any photography. He was not involved in the
discussion with the patient, nor was he carrying any medical gear.
This dance continued for about a minute, during which I was able to take some photographs. I realized
this behavior was way beyond any previous encounters, and this Paramedic needed to be reported to his
superiors for his bad attitude.
It is my understanding from previous encounters with DFR and Dallas Police Department officers that
per City of Dallas regulations this Paramedic was required to provide me with his name and any
identification number (eg badge number). I approached this Paramedic and asked him his name.
The Paramedic turned to me and growled I am not telling you my name. Now get out of my way, you
are interfering with the treatment of this person. (Not an exact quote). However, in turning towards me,
his last name (embroidered on the patch on his shirt) was clearly visible to me and I said, Okay Mr.
Dillon, I have what I need. His attitude and presentation was extremely aggressive.
Again, he yelled at me to get out of the way as I was interfering. At that moment, I said, I will talk to
your captain. [In my mind, I meant a superior officer not in the crew, but at DFR headquarters]..
Paramedic Dillon replied, pointing to a person exiting the crashed SUV he just moved, THAT is my
captain. You can talk to him.
That officer, whose last name I believe started with the letter S, came over to where Dillon and I were
standing. Paramedic Dillon told Captain S (not an exact quote except for the obscenity), This jackass is
taking photographs and interfering with the treatment. By this time, I had switched my phone to video
recording mode. You can hear on the videotape (included on the disk) my reply - that I was not
interfering and just wanted to get some photographs.
Captain S then said Take your pictures from back here. Dont say another word or I am getting the
police. My reply Go for it.
Realizing that grabbing shots on a cellphone is not the way I normally roll and that the images were not
good enough for my portfolio, I left the scene and returned to my truck. On exiting the parking lot, I
observed Paramedic Dillon and Captain S talking to a Dallas Police Department officer and pointing in
my direction. No other actions were taken against me.
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My complaints
At no time did I interfere with the treatment of an accident victim. Paramedic Dillon used that catch-all
claim, without any basis in fact, to initiate a confrontation that could have easily become a violent scene
or resulted in my arrest based on a false claim.
Paramedic Dillon took an active role in interfering with my right to take photographs by dancing around
and blocking my view. While he may believe he is acting in the best interests of the patient, that action
constitutes illegal interference with the photographer. His personal opinions should be left at home.
In September 2015, I notified DFR Jason Evans of a similar incident with another firefighter. After
investigating the incident, he emailed me the following comment:
Please understand that as first responders we feel a duty to help the people we're responding
to, even if that assistance falls outside of the responsibilities of why we were called in the first
place.
That said, I reminded him that being at the scene and taking pictures is your lawfully-protected
right, and encouraged him to just conduct himself as if there was no one on the scene besides
him, the patient and the first responders who were assigned to the call with him.
Captain S did nothing to restrain Paramedic Dillons actions against me, let alone move him out of the
confrontation. In fact, Captain S escalated the confrontation without taking into account my right to be
on the scene and take photographs by ordering me to stop talking or risk arrest.
Paramedic Dillon presented a completely unprofessional attitude towards a member of the public,
including the use of aggressive actions and obscenities.
Both Paramedic Dillon and Captain S stated that my presence - with a camera - was interfering with
their treatment. However, at no time did I interfere with the treatment, and when I did speak to
Paramedic Dillon, he was standing several feet away from the victim and not doing anything to assist in
the treatment.
It is a clearly established First Amendment right for the public to be allowed to take photographs of first
responders in the course of their work with the public or in the public arena. Journalists (including
photographers) may not have a greater right to access than the general public, but they certainly have no
less right. You should not be the target of an illegal order simply because you have a camera in your
hand.
Captain S issued an unconstitutional order demanding my silence: Dont say another word. He made a
threat to have the police take some kind of unspecified action against me, something that has previously
been ruled unconstitutional. Any action on his part would constitute oppression under color of uniform.
As noted by the U.S. Court of Appeals for the First Circuit, A police officer is not a law unto
himself; he cannot give an order that has no colorable legal basis and then arrest a person who
defies it. Iacobucci v. Boulter, 193 F.3d 14 (1st Cir. 1999).
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Prayers for relief

Dallas Fire/Rescue must take investigate the actions of these officers and determine the merit of my
claims. Once the claims have been confirmed, appropriate disciplinary must be taken.
A copy of the Internal Affairs investigation should be delivered to me upon completion for review and
comment.
Despite numerous requests to DFR PIO Jason Evans after previous (but not so aggressive)
confrontations with DFR personnel and photographers in the past, Dallas Fire / Rescue has not taken any
steps to train or inform all personnel of the publics right to take photographs without interference.
As more members of public use their cameras and phones to document police and fire activity, it is
imperative the department prepare and distribute a policy to its officers stating that the public has the
right to photograph events as long as they are not physically interfering with the treatment of the victim
or entering a clearly marked crime scene.
Your staff can review photography in public policies from agencies around the United States on my
website www.therighttophotographinpublic.com/reference.
I am available to meet with your staff as they move forward with this investigation. A disk with the
images and video shot at this incident is included with this letter.

Avi S. Adelman
PhotographerOnBoard.com
5620 East Side Avenue
Dallas TX 75206
214-923-3562
Texas Driver License #10694192

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All photos / Avi S. Adelman Copyright 2016

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