The question here is who EXACTLY has the authority to ban somebody and what is the procedure? I hope that answer is spelled out in the library rules.
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The man was grabbed first by private security. That is called assault, unless he was doing a lot more than speaking. Time to call out the lawyers on that security officer, and the cops and prosecutor who supported him.
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#107.08. SECURITY OFFICERS AND OTHER LIBRARY STAFF
It is the primary responsibility of security officers at the Library locations where they are assigned to provide protection and security for the staff and customers of the Library and to protect Library materials against theft and vandalism. Security Officers are authorized to use reasonable force necessary up to and including the use of force to:
- Prevent injury to staff and customers,
- Prevent theft and attempted theft of Library property,
- Remove from Library property customers refusing to comply with the Library’s Customer Behavior Expectations.
All Library staff are responsible for the safety of and protection of all Library customers and Library property. In responding to negative customer behavior, see 107.09, staff may, as appropriate, ask customers to leave the Library for the day or call authorities as necessary.
#107.10. GENERAL EXPECTATIONS OF CUSTOMER BEHAVIOR
A. Expectations of Behavior
Patrons shall be engaged in normal activities associated with the use of a public library while in the building. Patrons not engaged in reading, studying, using Library materials, Library services or attending Library programs may be asked to leave the building. In keeping with the Library’s commitment to customer service and the provision of a safe and inviting atmosphere, the following guidelines have been developed to define those activities that are prohibited.
PROHIBITIONS
- Engaging in any activity in violation of Federal, State, local, or other applicable law, or Library policy.
- Entering or remaining in a Library facility before or after posted hours of service.
- Theft, or attempted theft, or destruction or attempted destruction of Library materials or property or the personal property of Library customers or staff. (See also 107.09, 107.11 and107.12 for procedures on Detention of Persons, Theft or Attempted Theft, and Vandalism and Other Illegal Acts.)
- Loud talking, laughter, conversation, or disruptive use of sound-producing devices, including cell phones, CD players, walkie-talkies, PDAs, and laptop computers.
- Use of Library facilities for other than their intended purpose, including use of the facilities for loitering, sleeping, changing clothes, bathing, shampooing, washing clothes or utensils, or preparing meals or food. (See also 107.14,InappropriateBehavior on Library Property.) Changing clothes in Library bathrooms and applying makeup is permitted in preparation for a Library-approved program or event.)
- Smoking or use of other tobacco products on Library property.
- Entry into the Library without a shirt or other covering of the upper body or without shoes or other footwear.
- The uninvited introduction of any animals, insects and other living organisms except service animals, such as seeing-eye dogs or other guide-trained animals.
- Entry into any staff work area not open to the public.
- Skateboarding, roller blading, bicycling or transportation on any other human-powered wheeled conveyance on Library property, to include parking lots and sidewalks. The sole exception is transportation by wheelchair or bicycle to and from designated parking areas.
- Interference with use of the Library by other customers, or with Library staff’s performance of their duties. Such interference includes behaviors that, by sight, sound or bodily gestures, are intrusive to other customers’ concentration and quiet enjoyment of facilities and materials. (See also 107.12, Disruptive Behavior.)
- Entry or attempted entry into the Library under such conditions of bodily hygiene and/or odor (including perfumes) as impairs the clean and sanitary environment intended for customers’ enjoyment of the facilities including the neglect of bodily hygiene so that it constitutes a nuisance to other customers.
- Entry into the Library with large framed backpacks, bedrolls, blanket rolls, or more than three grocery-sized paper or plastic bags or parcels. Personal belongings must be kept with customers at all times. Personal belongings must not take up excess space or impede access to services and materials. Unattended personal belongings will be collected, and an effort will be made to identify and contact the owner. If not claimed within a reasonable amount of time, items will be discarded.
- Gambling in any form (e.g., throwing dice, pitching pennies, playing poker, and other games of chance) on Library premises.
- Offensive gestures, cursing, obscene or abusive language including hate speech, racial slurs or profanities. (See also 107.15, Verbal Abuse.)
- Public display of explicit sexual material or child pornography as outlined in Missouri State Statute, Chapter 573, Pornography and Related Offenses, Section 573.060. (See also 107.17, Display of Explicit Sexual Material or Child Pornography.)
- Sexual misconduct, including but not limited to acts of exposure, public masturbation, sexual harassment, offensive touching, and sexual solicitation. (See also 107.18, Sexual Misconduct.)
- Soliciting on Library property. (See also 107.16, Solicitation.)
- Stalking other customers or Library staff as defined in The Municipal Code of Kansas City, Sec, 50-9. (See also 107.19, Stalking.)
- Using or bringing controlled substances or alcohol onto Library property or otherwise exhibiting signs and symptoms of being under the influence of alcohol or controlled substances.
- Possession of knives, firearms or other weapons, unless authorized by state law.
- Physical altercations including assault or violent acts. (See also 107.13, Disruptive Behavior and 107.07, Emergency Situations.)
- Leaving children unattended.(See 107.04 and 107.05 on children’s use of the Library.)
- Use of children’s area for other than its intended purpose.(See 107.06, Inappropriate Use of the Children’s Area.)
- Refusal to remove, upon entering a Library facility, any article of clothing (such as dark sunglasses, hat, hood, or scarf) which covers the face and conceals the identity, unless such article of clothing is worn for religious purposes.
From: http://www.kclibrary.org/policies/100-public-services
I don’t see “asking a question” anywhere on the “Customer Behavior Expectations,” and there was certainly no injury or theft being prevented.
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Agreed. The security guard, however, violated Prohibition 22.
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Seems to me if they can arrest you for an obviously bogus charge (trespassing at a public library?) and you have to go along with it or else you get a “resisting arrest” charge, then your only recourse is a lawsuit. But who wants to go through that ordeal just for exercising your basic rights? What needs to be done is cops are automatically hit with fines or docked pay if they are found to arrest someone without a valid charge.
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THEORY: He grabs you, then when you resist, he identifies himself as a cop. Then he may arrest you if you continue to resist.
PRACTICE: He grabs you, then when you resist, he identifies himself as a cop and arrests you.
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So is HE an agent of the local government, which presumably owns the building? Does the library rent out meeting rooms for private meetings, and was this one? Because if this was a public event, I don’t see how a non-government official has any authority to tell people to leave.
Now it’s possible that the local police have some sort of blanket authority to tell people to leave public property, Even so, there is a question whether that would also be true if they are moonlighting as private security.
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Hey fellow mutants, we should look at this as progress! He wasn’t shot or beaten to death amiri… oh wait, he was white wasn’t he… never mind
If some stranger just grabbed me I’d raise my voice too. But the gentleman may have been violating item #4 ‘being loud’? disrupting a meeting isn’t polite library-like behavior. A just cause imho to be clear. If he was mishandled for asking reasonable questions, then sue away! In reading the statement, but not watching the video (since there doesn’t appear to be any…) I’d say these overzealous cops and private security yahoos way over-reacted.
After Ross’s presentation, the floor was opened to the audience for questions. Woolfolk stood just off-stage, in case there was any question about removing someone. Rothe-Kushel was first in line and managed to ask Ross a question. After Ross answered, Rothe-Kushel, who was still standing at the microphone at this time, attempted to offer his own response to Ross. A private security guard grabbed Rothe-Kushel, who asked the guard not to touch him, before being grabbed more aggressively. At this point, one of the off-duty police officers came over, and according to Woolfolk three different individuals were grabbing Rothe-Kushel. Woolfolk walked over, and with his hands at his sides, stood between the security detail and Rothe-Kushel. He told the security detail that he was director of programming for the library and that Rothe-Kushel had indicated that the would leave voluntarily if asked to. The security detail let go of Rothe-Kushel and he left.
Woolfolk, from past experiences with off duty police, knew that the only thing they could arrest Rothe-Kushel for was trespassing. Woolfolk wanted to make clear that this was a public event at a public library and thus Rothe-Kushel was not trespassing. He went to find his supervisor, but before he could do so Woolfolk says an off-duty and out of uniform police officer grabbed him from behind and threw him against a pillar. Per Woolfolk, the officer never announced who he was or told Woolfolk he was under arrest, but just kept telling him to “stop resisting.” As Woolfolk told the Dissent NewsWire, he informed the officer, “I’d be happy to do whatever he wanted, and that all I was resisting was the urge to fall face first onto the floor.” According to Woolfolk, a second police officer, this one in uniform, delivered several blows to Woolfolk’s knee, causing him to be diagnosed with grade 1 torn MCL. Eventually he was thrown over a chair and handcuffed. When he asked what he was being arrested for, the officer told him he didn’t know.
He didn’t know, but we’ll make up some bullshit to cover up the hurt fee fees of the esteemed speaker. A clear case of not respecting mah authoritah!
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but if I understand your article correctly he was off-duty, can he independently switch between baseline human and LEO?
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Okay I read ALL the linked articles and it certainly appears that while Mr. Rothe-Kushel was being disruptive, the people who told him to leave had NO actual authority to do so. It appears that the off-duty police were confused about that.
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From what I read it was Steve Woolfolk’s job to tell security if someone needed to be removed. The police literally arrested the guy whose job it was to tell them if someone needed to be arrested. It seems like they were out to get Rothe-Kushel for some reason and they weren’t going to let anyone stand in their way.
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This country has a long history of hiring off-duty non-uniformed cops to work as security with all the powers of the state to back them up. I first encountered this practice over two decades ago when my 100lb girlfriend was arrested for assaulting a 250lb cop who was working as a bouncer. He put hands on her and she lost her shit in response. She got hauled off to jail and charged, he got a bonus from the bar owner.
As far as I’m concerned its straight-up corruption - the co-opting of state power entrusted to the police but used for their gain as a private employee. If they didn’t have the power of the state to back them up off-duty, they wouldn’t be getting those off-duty jobs.
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OK, it’s clear these are bullshit charges. Remember that when you come across someone with similar charges.
So what needs to be done to get these charges expunged and have a couple careers ended?
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Removed for being off-topic.
Anti-Zionist jews are used to this.
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Shut the fuck up Donny, you’re out of your element.
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Question for the lawyers… If someone who is not acting in a law enforcement capacity (“off duty” so really a private security contractor) attempts to put their hands on you without provocation, isn’t that assault? If they grab you and forcibly move you, is that battery? Do you have a right to defend yourself? What if, acting on the belief that he was under assault, this guy acted in self defense and injured one or both of them?
Ed: Also, will The Donald pay their legal bills?
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It appears that the problem is that it the off duty police weren’t hired by the library. So they were taking orders from people who had no authority to kick people out. What’s surprising is that the prosecutors are still going full bore on this.
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There’s no off-the-clock time or context for their power.
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After extensive navel gazing, I have discovered that it is entirely possible to remove a person without charging them with a crime.
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