Jewel-Osco Security Violates Constitutional Rights of Arlington Cardinal Photographer/Videographer in Arlington Heights

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VIDEO: Incident involving security guards violating constitutional right of a photographer behind the Jewel-Osco store at 122 North Vail Avenue in Arlington Heights on Monday, December 2, 2013.

Today, about 11:00 a.m. two security guards from Jewel-Osco and a truck driver wearing a Greater Chicago Food Depository uniform unlawfully restricted a photographer from taking pictures of food delivery trucks at the Jewel-Osco at 122 North Vail Avenue.

Two security guards approached the photographer immediately after a Greater Chicago Food Depository truck was photographed at the loading dock on the north side of the Jewel-Osco building near Highland Avenue and Miner Street, and in an area that sees frequent foot traffic between apartment west of the Jewel-Osco and the downtown area. At first a security guard warned that vendors are not allowed to park in the parking lot. The photographer then told the security that he not a vendor, and that he was functioning as media and was taking pictures of food trucks for a developing food and beverage website about Arlington Heights and Chicagoland dining, restaurants and other food-related topics. The photographer was ordered off the property and told that photography on the property was not permitted. The photographer immediately complied. Before leaving the property, the photographer told the security guards that additional photographs would be taken from a public street behind the building, which was lawful and permitted. One of the security guards said that was not allowed, and that the photographer would not be allowed to take pictures from the public street.

When the photographer moved to the intersection of Miner Street and Highland Avenue, the security guard crossed the street to public property and prohibited the photographer from taking pictures and ordered the photographer to stop taking pictures.

The photographer immediately called 9-1-1 to request police respond to the scene to prevent the confrontation from escalating. Arlington Heights police responded immediately and the security officer immediately approached the police officer. The security guard directed a false statement to the police officer, telling the police officer that the photographer was taking pictures of the truck drivers, and that when he was asked to stop taking the pictures of the truck drivers, he failed to comply. The photographer told the police that the statement by the security guard was not true, stating that the he was only taking pictures of the trucks for a food-related website (Taste-of-Arlington.com and Facebook.com/ArlingtonTasteBuddies).

The police then explained to the security guards that photography was permissible from a public street. He then advised the photographer not to take pictures of the truck drivers if they asked not to be photographed.

The photographer, Mark Bostrom, provided this quote after the incident …

The photographer, Mark Bostrom, provided this quote after the incident …
Basically, the public streets surrounding Jewel-Osco at 122 North Vail Avenue are not a “Constitution Free” zone where Jewel-Osco security guards can violate the rights of citizens in a free society, and order citizens not to take pictures of their property. It is astonishing that Jewel Osco management and Cerberus Capital would neglect to make sure their security guards are trained properly regarding the constitutional rights of citizens and customers. It certainly makes me wonder how inadequate their training may be regarding other security issues.

While Jewel-Osco appears to be a great store, I worry how other people and customers could be intimidated by Jewel-Osco security, and what those security guards were really protecting.

— Mark Bostrom, Editor/Photographer — Arlingtoncardinal.com

In January 2013, Cerberus Capital Management announced a deal to acquire about 180 Jewel-Osco stores and other grocers from SuperValu for $100 million and assumption of $3.2 billion of SuperValu debt. Some experts expect Cerberus Capital Management to flip the store after they increase its values after a few years.

Cerberus Capital Management, L.P. is an American private equity firm. The firm is based in New York City, and run by Steve Feinberg, who co-founded Cerberus in 1992 with William L. Richter, who currently serves as a senior managing director. The firm has affiliate and/or advisory offices in the United States, Europe and Asia. Cerberus is named for the mythological three-headed dog that guarded the gates of Hades.

WHAT THE ACLU SAYS …

THE CAN’T TURN THE LIGHTS OFF NOW – ep. 2. Know your rights as a photographer this election season! Produced in collaboration with the American Civil Liberties Union of Florida http://aclufl.org/. Original Concept by Teafaerie. Music and Lyrics by The Gregory Brothers http://www.thegregorybrothers.com/

When in public spaces where you are lawfully present, you have the right to photograph anything that is in plain videw. That includes pictures of federal buildings, transportation facilities, and police. Such photography is a form of public oversight of the government and is important in a free society.

When you are on private property, the property owner may set rules about the taking of photographs. If you disobey the property owner’s rules, they can order you off their property – and have you arrested for trespassing if you do not comply.

— ACLU


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4 Comments

  1. Strange things happen all the time in this post-911 age. Fear trumps rights and common sense all too often. Don’t let it get to you because it will happen again no matter what. Just be glad they were not armed – or we might not be reading this.

  2. I like the parent company’s name…Cerberus
    Wonder what they were thinking in taking that corporate title…and ironic, given the treatment of the photographer.

    From Wikipedia:

    Cerberus /ˈsɜrbərəs/,[1] or Kerberos, (Greek form: Κέρβερος, [ˈkerberos])[2] in Greek and Roman mythology, is a multi-headed (usually three-headed) dog, or “hellhound” [1][3][4] which guards the entrance of Hades, to prevent those who entered from ever escaping.

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