ACLU Files Suit against District Attorney, Ford City Police
A cell phone video taken during a 2014 Ford City parking dispute has led to a federal lawsuit.
The American Civil Liberties Union filed a federal lawsuit yesterday on behalf of Ford City resident Michael Gratteri – who said he was arrested and jailed after he posted a video on Facebook of his interaction with Ford City Police Officer Joshua Wilford in September 2014 over the dispute.
According to the lawsuit, the officer charged Gratteri with violating the Wiretap Act and disorderly conduct - even after Gratteri advised Officer Wilford of the recording – a month after the video was taken after receiving advice from Armstrong County District Attorney Scott Andreassi.
“I went from sitting on my deck with my family one minute to being in handcuffs,” Gratteri said in the release. “I was in shock. Even though I knew I had done nothing illegal, I was scared that I would not be able to get out of jail.”
ACLU Staff Attorney Sara Rose said documenting police officers’ official duties by audio and video recording is protected by the First Amendment and does not violate the state’s Wiretap Act.
Volunteer Attorney Christy Foreman said Officer Wilford’s actions were merely meant to punish Gratteri for posting the video.
The local charges were eventually dropped.
The ACLU of Pennsylvania has filed multiple lawsuits on behalf of individuals who were arrested for observing or recording police in the course of their public duties.
A case against the city of Philadelphia on behalf of a Temple undergraduate student who was arrested for photographing on-duty Philadelphia police officers is pending before the U.S. Court of Appeals for the Third Circuit.
Local News | KP NewsDesk May 4, 2016
By mad-2010, May 4, 2016 @ 8:19 AM
The local government and their people have made so many missteps it’s pitiful, at this point they all need to wear Clown Suits!
Pay the man and move-on, really, at what point do you stop the Embarrassments!
By jorn jensen, May 4, 2016 @ 8:49 AM
I’m rarely impressed with the ACLU, but, in this case, I support them 100%, and I support Michael Gratteri 100% in this effort to defend his first amendment rights.
Things like this make it common sense to buy a $60 dashcam and do your driving with the dashcam ‘on’. The police do.
By Marc, May 4, 2016 @ 4:10 PM
It sounds like the officer should have put some time into becoming more familiar with a law before arresting someone for breaking it.
The month that lapsed between the act and the arrest provided an ample amount of time for research by the officer. If they just found out the day of the arrest, take some time and consult with the DA, a lawyer or a judge. What’s an extra week when a month has already gone by?
Instead they let emotion get the best of them and they’re paying for it.
By bob, May 4, 2016 @ 8:30 PM
I viewed on facebook the video that was recorded and posted by Mr. Gratteri shortly after this whole incident. In my opinion, this man is nothing but a bully. For those who didn’t see the video, a pregnant teacher at the high school parked her car on a public street only to find her car parked in by two vehicles at the end of her workday. As I recall, Mr. Gratteri’s motorcycle was parked inches from this teacher’s rear bumper and another of his vehicles was parked in front of hers very close to her front bumper. He repeatedly refused to move his motorcycle and taunted her while recording the whole incident. She did call the police to try and have them get Mr. Gratteri to move his bike. After he posted this whole disgusting video showing how cool it is to pick on a pregnant woman, I am sure they wanted to charge this guy with anything they thought would stick. Mr. Gratteri should learn to accept that it is a public street in front of his home and should have considered this before he purchased a home next door to a school.
By worthingtonman, May 5, 2016 @ 12:11 AM
In the whole picture of thing this guy should know that he does not own the “parking spot” in front of his home. He should have never blocked that teachers car in with his motorcycle. He should have been arrested for harassment when he refused to move the motorcycle to allow this person to drive their car away. Don’t buy his woe is me crap. I agree that the law enforcement guys overstepped their reach and to be honest with you, it does not surprise me. Law Enforcement in our area has long since considered themselves above the law. They don’t have to follow the laws we do. They fall behind that blue wall and protect each other. Turn their heads. And that blue wall encompasses cops, detectives. Prosecutors and even corrections officers. Try to embarrass them and they will come at you. But still the ACLU? Why not just a regular attorney? I think someone might be looking for a big payday.
By bob, May 5, 2016 @ 6:49 AM
@ Marc,
They DA was consulted before the arrest was made. Since laws have not yet caught up with technology, this was the one that seemed to fit. I think the main issue many had with this video Mr. Gratteri posted had more to do with the bullying of the teacher.
@ Jorn,
You really need to see the video in question. His behavior deserved some kind of punishment. He was a bully in the video. Now he seems like a crybaby.
@ mad-2010,
I hope he doesn’t get one penney.
By jorn jensen, May 5, 2016 @ 8:00 AM
Doesn’t matter what ‘provoked’ the police action - the police took the wrong course of action and now, the ACLU is going to clean their clock.
Perhaps a better way to have handled it would have been the police to Mr. Gratteri, “Okay, you’ve made your point, but you do not ‘own’ that parking space. Please move your vehicles so that Mrs. so and so can get her vehicle out.” Next step would have been up to Mr. Gratteri. That ball would have been in his court.
If he didn’t move the vehicles, then the police call for a wrecker to remove Mr. Gratteri’s vehicles. If Mr. Gratteri would have become belligerent, next step is to arrest him.
This case is not about that. This case is about first amendment rights - much more important than a parking space, blocking someone in, or any of that garbage.
By localtaxpayer, May 5, 2016 @ 10:43 AM
Tough guy picking on pregnant women??? And he sounds sooooooooooo entitled in his video. He DOES NOT own the street. Yes he has a first amendment right to video tape but he was wrong on what he did to the women and should be ashamed of himself. I suggest pick on someone that can pick back tough guy or move out of Ford City where all you own is you house and get a real driveway. Tough guy
By jorn jensen, May 5, 2016 @ 4:53 PM
bob - You are probably right that I should see the video. Mr. Gratteri’s actions are probably quite ‘bullying’ and so forth. That is one issue.
The other issue is denying the bully his first amendment rights. I realize that this is a tough pill to swallow. If Mr. Gratteri was a really nice guy and apologized to the teacher, washed and vacuumed her car, would his first amendment rights then be more important?
The ACLU is going to win this thing. We all know it. Regarding Mr. Gatteri’s other actions? You’re right, I should probably view the video.