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.
Many of these problems require multi-faceted solutions and most rank & file police officers have little power to fix it. Part of it is a dysfunctional tax base.
For example: In most large cities the inner-city neighborhoods lack investment in good schools, good jobs and other infrastructure. Just a few miles outside of these cities the suburbs are essentially rich with good schools, good jobs and good economy. The irony is the wealth of the suburbs are only possible due to it’s proximity to the city – residents spend that wealth in the suburbs.
Changing that tax base to a regional, state and federal tax base would help restore those abandoned neighborhoods. The police have little control over these root causes.
The spread of ignorance and lies are just what we should expect of our public officials.
I know this is Christmas and not Easter but De Blasio has to know that just washing his hands is not going to cut it.
TIme for him to go. Ambassador to Cuba. It would be perfect.
Trooperyork – I lay the blame for the murdered cops squarely at the feet of the media, and anyone else online who fervently and repeatedly declared that Michael Brown was assassinated with his hands up, trying to surrender, without having bothered to wait for the actual evidence to be released. A lot of people have blood and soot on their hands. People just repeated a bunch of gossip and helped incite a riot. One of the downsides of the free speech of ignorance and bias, I suppose . . .
The entire debate as to whether the shirts were tasteful, or agreed with the message, is irrelevant.
Professor Turley has written extensively about employers going after employees’ free speech. Even in the recent case of the professor penning an “I Hate Republicans” article, my concern was preventing this attitude from affecting grading, or intimidating students in the classroom. Other than that, she had the right to write an ignorant article. And the court of public opinion had the right to condemn her.
The only time I believe private speech should affect employment would be if a safety issue arises. Such as, if a Boy Scout Leader is caught begin a member of NAMBLA, or whatever the acronym is for that pedophile organization.
You know what is “unhinged.” Someone that says racist cops would kill their son just because he is black. That whips up discontent and hate towards the police to the point that deranged individuals act out and murder patrolmen in Brooklyn.
That’s pretty “unhinged” in my book. But that’s just me.
And I agree with Professor Turley that he should not wear his uniform in ads.
He has the right to sell the shirts. The city shouldn’t interfere, as they are infringing upon his rights. They are not incendiary.
Does anyone know if they have released the evidence in the Eric Garner death? I haven’t followed the case as closely as Brown.
Community policing is hiring more cops for more street corners – not buying tanks and military equipment.
True it comes primarily out of our federal taxes, not local/state tax revenue used for police departments. American taxpayers are still paying for tanks instead of more police officers on foot for a better result.
“Your solution is nonsense. You people don’t live in the real world. People like you who support criminals and criminal behavior don’t even want the cops to stand as a deterrent. You want a free for all and then don’t want to take responsibility when it turns into Detroit.”
And please don’t assume anything. It only makes you sound unhinged. Police culture and training emphasizes the negative encounters while glossing over or minimizing the good. How many shoot/don’t shoot training sessions are there where you don’t shoot? How many hours are spent on negotiating techniques and tactics vs firing range/gym for self defense? How many briefings end with lets do something good today vs be safe come home alive?
I can’t talk for everyone, but there are a great many people that are concerned about what is infesting law enforcement nationally. Police officers are telling us to butt out because it isn’t our business. It is. Police don’t get to set the rules all by themselves. And it shouldn’t be practically treason to question if police are looking out for our best interest, or theirs.
The war on police is as phony as the war on women. And uses the exact same rhetoric.
The fact that city council members said Barthel must stop making these shirts is reason enough to double production.
“The way it used to be under Ray Kelly is that a patrol car would follow them from the school to the subway. The cops would just shout over the loud speaker “hey cut that out” and kids would stop what they were doing like pulling flowers out of a garden or knocking over signs on the street and continue on to the subway. No need for arrests. No need for a shopkeeper to get in a beef when someone could get hurt. That’s community policing. Stopping it before it starts. When it doesn’t have to start.”
I agree with every single thing you said here. And proved that arrests aren’t the only way to deal with a situation.
Great real world comment, Trooper. I would suggest dogs on a leash. Just stand there w/ a dog that looks like Aridog. Of course, that wouldn’t be an option for Mohammed. But, you or Nelson could do that. Or, do you hate dogs?
Excuse me I have to go outside.
Every day at three o’clock the junior high school lets out and a bunch of kids get out and walk to the subway. They are young kids just getting hair on their balls so they want to be all macho and tough and act like kids have acted since the first caveman tried to sell a loosie brontosaurus burger. They walk down street pushing each other and picking on each other. Being all loud and bositerious. But it can go south real quick.
There are three stores all in a row. My clothing store. The bodega owned by Nelson a hard working Dominican guy who has his whole family there 24/7. A pet food store owned by Mohamed an immigrant from Syria. The kids walk down the street yelling and screaming and acting like kids do. They push over my sign. The knock over Nelsons flowers and break the pots. They turn over the cat jungle gym and the water bowl set out for dogs in front of the store.
At three o’clock we all come out of our stores and stand outside. To give them the stink eye. To support each other when the kids are around. These kids don’t need to get arrested. Well some of them do but not for this because you can spot the bad apples right away. They are just kids. But it escalates. First they knocked over the flowers. Then next day one of them said “Look free flowers.” They are daring each other and escalating it and it can only go south.
The way it used to be under Ray Kelly is that a patrol car would follow them from the school to the subway. The cops would just shout over the loud speaker “hey cut that out” and kids would stop what they were doing like pulling flowers out of a garden or knocking over signs on the street and continue on to the subway. No need for arrests. No need for a shopkeeper to get in a beef when someone could get hurt. That’s community policing. Stopping it before it starts. When it doesn’t have to start.
Of course some stupid hipster liberals complained and they stopped the patrol. In fact they complained to De Blasio who was our city councilman previously but was the public advocate at the time. Now we are set up for something bad to happen. Nelson is a hot head and Mohamed didn’t leave Assad so some kids could destroy his livelihood. Believe it or not I am the voice of reason.
Your solution is nonsense. You people don’t live in the real world. People like you who support criminals and criminal behavior don’t even want the cops to stand as a deterrent. You want a free for all and then don’t want to take responsibility when it turns into Detroit.
Trooper and ChipS, CNN has just dedicated 45 consecutive minutes to the death of the officers. The tide is shifting! DeBlasio is starting to get his mind right. He has a LOOONG way to go. But, unlike Obama, apparently he has someone in his office who can tell him he has pissed on both legs on this. Hell, the atheist even went to church yesterday! I just saw a black community activist from Brooklyn ask the rhetorical question. “Mr. Mayor, why didn’t you say you could see your son in that police car, showing empathy as you did for others?” This same guy took a not so subtle shot @ Al Sharpton. There’s a tearful Daily Beast reporter telling everyone these cops were there to PROTECT the people in the Bed Sty projects, not 5th Ave. limo liberals. CNN played the “Dead cops” chant from “protestors” first time I’ve see that in the MSM. Oh, we might be starting to get some balance. Don’t waste your time on folks here we know are uneducable. Finally, I see the Yankees are paying the education for Ramos’ kids. Very nice!
The culture of abuse and overreach is the monster. Respect for the job of policing is a good thing, excusing abuse because of hero worship is another.
I don’t have any problem w/ this statement. However, I do have a problem w/ the people who insist on making Garner’s death a racial issue.
Ever heard of Kizzy Adoni? Hint: she’s not a Bond girl.
Bailers, police are getting pushback from communities and the country after man years of getting away with abuse. It’s going to be a difficult transition for them to make. We see it happening in NY. People who wear a uniform and do a dangerous job are not above reproach. People in he military are held to a higher standard I believe. Police departments across he country, because of strong police unions and a culture of silence have created this monster. And no I’m no calling cops monsters. The culture of abuse and overreach is the monster. Respect for the job of policing is a good thing, excusing abuse because of hero worship is another.
The whole idea behind arresting people for minor crimes is to stem the climate of lawlessness and despair that affects the law abiding majority of the depressed area. You do realize that the majority of people who live in high crime areas want to get home safe. The mook who is drinking with an open container, smoking a joint, peeing in the street or jumping the turnstile often has outstanding warrants for much more serious crimes. The vast majority don’t want to be hassled by a huge load demanding they buy his loosies while they are going to get milk for their babies. Why is that so hard for people to understand?
Trooperyork
So you would be ok with people breaking the law and ju st having the cops walk away.
————
Sometimes yes. We could spend $1,700 to arrest him. Sentence him to jail for a year at a cost to the taxpayers of $40-$50K. Over $5 in taxes on a pack of smokes. A law that I broke once a week when I was a smoker by taking $0.25 cents from someone who wanted one. Hire another cop for the cost of two incarcerated felons to stand next to the loosie seller or other minor misdemeanor criminal until he leaves. Both solves the problem.
Why are police becoming so entrenched here? Are they employed to serve the law, or the other way around? I work for Government. If Congress or Administrative policies change the way I do my job, I adjust and move on. Police seem to be refusing to do so. If the public says stop arresting people for minor crimes, how is it such a big problem for police to just say okay and accept that they are here to serve the public will, whatever that may be?
Ooh, that’s gonna sting.