Mishawaka Police officer Jason Barthel has been told to stop selling T-Shirt in his spare time. There is nothing illegal about the Indiana officer selling shirts, but these t-shirts say “Breathe easy, don’t break the law.” They are in direct response to t-shirts being worn in protest over the decision of a New York grand jury not to indict officers in the death of Eric Garner who died in Staten Island from a chokehold while saying that he could not breathe. “I Can’t Breathe” has become a rallying cry for those protesting police abuse of minorities. However, Barthel wants to sell a counter message that supports police. While there has been vandalism of stores selling the t-shirts, they reportedly remain high selling items.
Barthel owns a uniform store and came up with the slogan to, in his view, bring people together. (I am a little surprised that an officer can wear his uniform and badge for a private advertisement if that is indeed his Mishawaka uniform).
As noted today in another story involving unpopular speech by a paramedic, I have previously written about concerns that public employees are increasingly being disciplined for actions in their private lives or views or associations outside of work. We have previously seen teachers (here, here, here, here, here, here, here, here, here, here, here, here), here, here, students (here and here) and other public employees (here and here and here) fired for their private speech or conduct, including school employees fired for posing in magazines (here), appearing on television shows in bikinis (here), or having a career in the adult entertainment industry (here).
In this case, Barthel is selling a t-shirt in his private time that would clearly be protected as political speech in any other context. Police and their supporters have been wearing the shirts. In New York, they read “I Can Breathe. Thanks to the NYPD.” Yet, three South Bend city council members — South Bend City Council members Oliver Davis, Henry Davis Jr. and Valerie Schey— want him to stop, saying that it sends a “divisive message.” It is not clear if selling “I Can’t Breathe” t-shirts would be deemed as divisive. That t-shirt has appeared at national sporting events and other occasions, including a recent basketball game at nearby Notre Dame. The point is that an effort to force Barthel to stop selling the shirts should be preceded by a content-neutral showing that the city has a yet to make this demand. Obviously, if these city council members are just asking for the change, there is nothing wrong with making such a suggestion. However, for a public employee, there is a risk of possible retaliation or discipline or even termination as we have seen in other cases.
To its credit, the city itself appears to view this as a private matter and not something for formal action.
“SierraRose
The “Uniform” he is wearing in the advertisement does not appear to be a Mishawaka police uniform but rather a uniform for the store itself. Yes his badge is visible. Indiana police officers are required to have their badge and their gun with them at all times.
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Thank you for the information about the uniform. It sure looks like a police uniform, a fact that is probably intentional. I’m sure he sells that shirt in his store.
However the badge on his hip while operating a business that likely does considerable sales to local government and police departments gives the appearance of impropriety. If Indiana doesn’t prohibit this, they certainly have a need to revisit their ethics standards
As mentioned earlier the Officer has the right to market the shirts, but they do send a divisive message.
Nick, the whole idea of stop and frisk was illegal. You can’t have a general policy of stopping and frisking men of color for that reason alone and that was what NYC was doing. Probable cause did not get in their way. I think they learned their probable cause lesson from Michael Hayden.
The “Uniform” he is wearing in the advertisement does not appear to be a Mishawaka police uniform but rather a uniform for the store itself. Yes his badge is visible. Indiana police officers are required to have their badge and their gun with them at all times. This is not an unusual way of carrying a badge, even when off duty.
Why would South Bend city council members have anything to say about what a police officer from Mishawaka? Proximity doesn’t make them his boss.
Oh, sweet irony.. Jason Barthel may be breaking the law in using his police badge and uniform for a private commercial.
He best prepare for a nice chokeholding then.
Nick Spinelli
Again, Stop and frisk, done LEGALLY, or “based on cause” are LEGAL. I would have any cannabis found on a person, under an ounce, simply confiscated as contraband and not prosecuted. Actually, I would not even confiscate, but that will not happen. If I were a cop, that would be my personal policy. Not prosecuting cannabis would create some goodwill between cops and frisked.
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I agree, but how many officers these days are reasonable like you are? We’re in a drug war, one that we’ve been losing for the past 30 years but still trying to fight. There’s too much incentive to arrest the person for the ounce or trip to flip them as an informant. This comes from the top. I don’t blame the individual officers in some of these cases, but I always blame the supervisors that are measuring their subordinates by spreadsheets of arrests and tickets instead of using common sense themselves.
Torture is never legal no matter what GWB and his friends say.
As to the T Shirts, the officer has a right to make and sell these shirts but the message that they send is certainly not a good one. Am I to assume that in this officer’s opinion, any infraction of the law can be punished on site by an execution no trial necessary? Isn’t that exactly what the problem is? Officers are too cavalier about using excessive force that often results in death or serious injury regardless of the charge or threat. Such an attitude puts us all at risk.
Nick Spinelli,
With cause is different, but in addition to the 4th Amendment concerns there are 14th Amendment concerns also.
For example: NYC police were using stop & frisk searches (without cause) in Harlem but not on Wall Street. One could argue there are more criminal suspects in the latter zipcode so that’s a 14th Amendment violation as well. Federal color of law statutes are already on the books that could be used.
What were your thoughts on warrantless GPS/cell-phone tracking? The U.S. Supreme Court ruled they were illegal but many police agencies still do it illegally for non-exigent circumstances. Should those police chiefs and their government attorneys be penalized for intentionally breaking the law?
Microaggressions are on the rise.
Come quietly or there will be… trouble.
Again, Stop and frisk, done LEGALLY, or “based on cause” are LEGAL. I would have any cannabis found on a person, under an ounce, simply confiscated as contraband and not prosecuted. Actually, I would not even confiscate, but that will not happen. If I were a cop, that would be my personal policy. Not prosecuting cannabis would create some goodwill between cops and frisked.
A couple of disconnected thoughts:
Police officer on his own time has a side business. He shouldn’t be wearing his badge then which can infer police department support. An FBI agent wouldn’t be allowed to wear his FBI blazer or hat, the cop should lose the badge when he’s off duty and doing his own thing. I am legally and ethically prohibited from using identification clothing I own in any manner other than official business.
“Breathe easy” is completely lacking in taste. Regardless of how you feel about the issue a man died. A police officer’s arms around his neck contributed to that death. And it could also be taken as a threat. Do what we say or we’ll hurt you. Dead or alive you’re coming with me. I suppose if police are comfortable with everyone fearing them and worried they’ll be killed the next time a police officer stops them, then it makes sense.
I agree that ultimately, if he wants to sell the shirt he shouldn’t even be asked to stop by the council members.
Nick Spinelli,
Under the 4th and 14th Amendments “Stop & Frisk” searches (not based on cause) are illegal. It also meets the letter & spirit for several federal “color of law” statutes already on the books.
They are just generally unenforced by the Department of Justice and the U.S. Supreme Court has made it even worse by perverting the wording of the 4th Amendment since the 1970’s (instead of requiring a constitutional amendment).
There is a danger to public trust in our government institutions when laws are essentially meaningless and selective. Since 9/11 our government institutions are essentially lawless anyway.
“Torture” is NOT illegal, if necessary and effective.
Free speech should run both ways. Whether some believe the shirts are offensive or not he should be able to sell the shirts. Not sure about wearing the uniform to advertise but agree it is a private matter.
The story is a little confusing. Jason Barthel is a police officer for the City of Mishawaka, yet three members of the South Bend City Council (an entirely different municipality with its own police department) want him to cease selling tee shirts. They have no authority over Barthel or his business.
While both police brutality and common thug behavior are both shameful, those are small saplings in the forest of human failure. Laws are vigorously enforced against petty crimes and self-medication of the underclass and ignored as to as war crimes, crimes against humanity, stealing billions of $$ by selling toxic securities to institutional investors, stealing from the sick and injured to enhance the excess wealth of corporate CEOs. The system is far out of balance. Perhaps the attacks on small saplings will eventually lead to the death off the entire forest.
“Stop and frisk” is NOT illegal, if used correctly.
Would those shirts cover illegal “stop & frisk” searches and illegal GPS/cell-phone tracking without a judicial warrant? This is what a rule of law nation means – the police follow the laws also.
Wow. We have some incendiary posts today. One of the ways mayors go after cops they don’t like operating their own biz is like this. I was hired by a mayor to investigate his police chief. The chief had a side biz selling scanners and radios to other LEO agencies. It was early in my career and I took the case. But, it was political horseshit. Political cases were one of the first type cases I started turning down when I became successful.
I mentioned on the other cop thread, black males raised w/o fathers have SERIOUS issues complying w/ orders from adult males. That is a visceral problem that plays out thousands of times every day in neighborhoods most folks here have never set foot in.