A cop’s decision to sport a body camera and search a Massachusetts middle school for a book has raised serious concerns among civil liberties experts, a new report shows.
The Berkshire Eagle reported Wednesday on mounting fears after the Great Barrington plainclothes police officer who entered an eighth grade classroom at W.E.B. Du Bois Regional Middle School.
“Police going into schools and searching for books is the sort of thing you hear about in communist China and Russia," Ruth A. Bourquin, senior and managing attorney for the ACLU of Massachusetts, told the local news outlet. "What are we doing?”
For their part, police say they were obligated to investigate a complaint about the book “Gender Queer” by Maia Kobabe, a memoir about gender identity that contains sexually explicit illustrations and language, the report notes.
But Great Barrington Police Chief Paul Storti said in a statement, “Because this complaint was made directly to the police department, we are obligated and have a duty to examine the complaint further."
I call bullshit, and would like to see the law and/or court rulings that support this assertion.
Because if cops have no duty to protect the public, then in what sense do they have a duty to take this complaint seriously?
You are right they have no duty to protect the public, their job is to maintain the status quo and defend capitalist interests. Two guesses into which category searching for this book in a middle school falls under.
When people say police have no duty to protect the public, they are talking about a legal affirmative duty to act.
Usually the law does not impose a duty to act. If you see someone drowning, it’s not negligent to NOT jump into the water and save the person. You can stand there and watch your neighbor’s kid drown and you’re neither breaking the law nor being negligent. Even if your neighbor’s kid screams for help and looks right at you and says please help me, it’s legal to do nothing: there is no affirmative duty to rescue.
It’s the same for police. The exception are when there is a fiduciary relationship, if you created the peril, or if you start rescuing someone you can’t leave them worse off. Usually these exceptions don’t apply to police, even if you call and ask for help, they have no duty to act. That doesn’t mean they won’t show up and do their best. Just means you can’t sue them for negligence if they fail to save you.
Therapists, doctors, lawyers, architects, have legal duties to act.
It’s the same for police. The exception are when there is a fiduciary relationship, if you created the peril, or if you start rescuing someone you can’t leave them worse off. Usually these exceptions don’t apply to police, even if you call and ask for help, they have no duty to act.
Clear takeaway: when they said “Because this complaint was made directly to the police department, we are obligated and have a duty to examine the complaint further" it really means they wanted to do it but didn’t want to be held responsible for wanting that. (after all, if they had no choice in the matter it’s not their fault they’re doing ghoulish police-state things most people don’t want done)
What you’re saying is correct - lawyers, accountants, psychiatrists, teachers, etc are held to a duty of care for those in their charge/interacting with. They’re credentialed professionals whom society places great trust to, this is healthy and normal.
Police have no such requirement, yet are credentialed professionals who society asks to do dangerous and mundane work amongst the general public. Why can’t they do better?
Anyone who has had their bike stolen or car broken into or otherwise be victim of a crime the police don’t really care about knows this is not the case. You’ll be told to come in and fill out a form, or if you’re lucky you might have someone call you and fill out the form for you. They’re not going to send a cop out for that, and the form doesn’t really get acted on, it’s just for records keeping.
The last time I had my car broken into, they sent an officer out to take the report. They, of course, did nothing with that report, and I found the person who had broken into my car later through reliable sources.
For a while, I had a partner who lived in Harlem. Their apartment was broken into multiple times by forced entry via the fire escape.
I remember the cops laughing as they took the report, which we only filed to get the insurance claims. Nothing was done other than sending out two officers to spend five minutes taking the report. I’m not saying they need to find every stolen laptop in NYC, though. I’m just saying that they absolutely choose how to investigate and resource complaints.
Yeah I don’t want my police spinning their wheels hunting for a used bike. The police time and resources could pay for a new bike.
Unfortunately, that’s not the tradeoff the police department offers. And we do need to distinguish between relative and absolute values. Relative to myself, having a multi-thousand dollar bike loss isn’t all that big of a deal, and I have insurance anyway. For others who depend on their bikes as their primary mode of transportation and who don’t have the ability to just walk into a bike store and slap down a credit card without thinking twice, it’s a much bigger deal. For those people, their lives are impacted as much as a car theft would on someone else.
I do get that we have limited resources and they need to be used for more serious violations, but by that same token book banning isn’t one, and would not have required an officer to physically investigate. This is about purely fascistic thought control and book banning. Honestly, I would have preferred that cop go track down a stolen bike ring.
The full news article states that they do not have that authority, this is just ass covering by wanna be heroes of oppression.
This “report” was done anonymously probably for the reason they knew it was BS, and just looking at the report should have been enough to dismiss it. At the very most a phone call to see if the school wanted to handle it, but sending an officer should get all involved parties suspended without pay. That principal should have also called bullshit and never escorted a cop to a classroom to search for a book. They should also be suspended and the policy gone over again on what to do with these bullshit book banning “reports” (deleted/recycled).
Edit - extra shit
The problem with the principal refusing to escort the officer is then they are obstructing a police investigation, and that is a crime. It isn’t fair to put this burden on them, the blame lies squarely with the police chain of command.
In fact the root problem of all things police is that once police decide to do something, even if that thing is illegal, interfering is a crime.
This is how we end up with people being charged with resisting arrest, and no other crimes that would warrant an arrest. This is also how we end up with a bunch of people live streaming George Floyd’s execution, because stopping a cop from killing someone is a crime.
Should have asked them to come back with a warrant as that is within his legal rights. The officer had no reason to suspect any real harm to any child in a school classroom after hours (this all happened after school was out for the day).
Yeah I don’t believe it either. The courts have agreed the cops don’t have to help anyone.
And furthermore, what exactly are they really protecting the public from? A book that talks about queer identities? Instead we should put bibles into every kids hands, bibles only contain rape, incest, murder, and genocide on a global scale. Nothing that would warp a kid’s brain. (Rolling eyes).
Life pro tip: In the middle of a school shooting? Call the cops and say that the gunman is giving away books with gay characters! They would ram and arrest him without hesitation.
in communist China and Russia
or in the history of many US States…
Republicans talk about China so much because they envy their Authoritarian power over the people…
The US has been a “post truth” nation a lot longer than many people realize. Easily disproven falsehoods like this have been a part of its culture for decades. I think it’s gaining so much attention now because it’s just getting beyond ridiculous.
Almost as if two entire generations of propaganda during the Cold War was enough to sway the collective consciousness. It doesn’t matter if the WW2 vets or GenZ/Alpha believe it, because they’re not the ones in charge right now. There were two (three, if you count the early millennials) entire generations of people who were raised in and around anti-communist propaganda.
That’s not something the populace will be able to shake off in a few years. That’s the kind of shit that takes literal generations to settle down, because GenX/millennials will need to be the crazy dementia-ridden great grandparents ranting about communists in the soap dispenser before GenZ/Alpha will be able to look at them with pity and go “yeah, okay grandpa. Go back to your Seinfeld reruns and we’ll take care of that for you.”
Over/Under on how many punisher tats this piggy has?
For their part, police say they were obligated to investigate a complaint
Police have wide discretion about how much effort to put into any particular investigation. This is how it should have been handled:
“Hello Mr. Principal. This is the police. We have a complaint about a book called Gender Queer, which allegedly contains obscenity. Do you have that book in your library? You do? Okay, in your expert opinion, as a teacher and principal, do you believe that this book is obscene? No? Okay then, have a nice day.”
Notes made in the database. Investigation fllagged as complete. Complaint unfounded. The school takes responsibility for the content. The parent who complained can take it up with the school board.
Instead the police took it upon themselves to get into the business of determining whether a school library book is obscene. What a stupid quagmire to wander into. Clearly, someone in the police department lacks good judgment.
Okay, in your expert opinion, as a teacher and principal, do you believe that this book is obscene?
lol, imagine a cop recognizing outside expertise and working to deescalate a situation. We can still dream…
Of course, this runs up against the fact that cops are lazy fucks who want to get out of doing paperwork as much as possible. Clearly this particular cop could’ve dropped the issue and expended a minimum of effort on a cursory report, but the fact that they (the cop was unnamed in this article, which seems like important information to include, especially considering all the names of educators that were listed) made it a mission to go full sherlock on this issue indicates that they have an axe to grind about it.
police say they were obligated to investigate a complaint
Are police obligated to do anything? Like… literally anything?
It’s my understanding that it’s up to the department how police conduct themselves. If the department doesn’t do anything about their behavior and the community keeps funding it, then why would cops change?
