Cops Called at Mill

Apologia Studios

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side of your home that you must protect, that you must defend, that you must tell the truth.

00:06

Sir, good morning. As honorable men, what we do is we come to a place that destroys innocent human beings.

00:35

They cannot defend themselves. We come to that place and we do all that we can do to protect them.

00:41

We do all that we can do... Do you need to speak with us, gentlemen? Okay, you can speak with me. Yeah, you can talk with me. How can

00:47

I help you? Okay, hey, how can I help you? If you don't speak, please talk to me. Uh, this is my partner,

00:53

Dave. Hi, Dave. We deal with protests, demonstrations, those kinds of things. Okay. So, we got a call...

00:59

Yeah, of a noise complaint from the megaphone, not from anything else.

01:04

Yeah. And this is part of a complex right here. So, we told them we'd come out and see you, assess it, take a look, have a talk.

01:15

So, when we deal with First Amendment free speech issues... Yeah. Of course, you know you got

01:21

First Amendment free speech. But when you use a bulletin board, it amplifies it, it becomes amplified speech. So, it's no longer as protected.

01:28

So, what we're going to do is we're going to try to find a complaint and we'll go out and assess the noise.

01:35

And if there's an issue, we'll come back out and talk. Okay. Does that make sense? It does. Because if it's too loud, if this is all commercial, they don't have, there's no argument.

01:44

Because it's residential, there's more people. Does that make sense? Okay. Can I ask one question?

01:50

Sure. You can ask a lot of questions. Well, hopefully, I only need a couple. In regards to the noise level, isn't it true that as city officials come out, there needs to be some kind of calibrated measurements to determine what is too high and what isn't?

02:05

Okay. And that varies by city. Sure. I understand. Well aware.

02:11

Yeah. So, in Tempe, they do use a decibel. You're talking about a decibel? Yeah. It's just something that measures the...

02:17

In Phoenix, people have the right to complain based on disturbing their peace. So, how do we assess that?

02:25

All we can do is take a person at their word. Because what would happen is if we went over there, let's just say a person works night shift, they sleep during the day, and the walls are thin, and for some reason, it penetrates real well.

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And we go in there, we can hear it, and they say, I can't sleep. Is that person being disturbed? In their opinion?

02:44

Now, to me, I work here in the day, so I'm like, well, you know, it's not disturbing. So, what we would do is write it up and let a judge decide if the disorderly conduct might be acceptable.

02:55

That's what it would be considered as disorderly conduct. So, we do not use a decibel in Phoenix.

03:01

Other cities, I know Tempe does. That's actually interesting that you say that because the reason

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I asked the question is, that's what the city of Tempe is supposed to do, but they haven't before when

03:16

I've been out there. And so, that was why I asked the question to see how much common practice there is.

03:25

Because, I mean, I'm sure that you know this, you brought up First Amendment rights and free speech. In terms of amplified free speech as it pertains to disturbing the peace,

03:34

I mean, technically, there isn't any legal activity going on here. We would be completely within our constitutionally protected rights to do what we're doing.

03:44

And even if it disturbs the peace of an individual, I'm sure, are you familiar with the prior court rule as a talk about any ordinance that proscribes conduct under disorderly conduct is both vague and overbroad, and it's general and cannot be used to restrict free speech, according to the

04:04

United States District Court versus Wisconsin. So, according to the prior rulings, we would want to be lawful and try and be in accordance with that law.

04:14

Obviously, we don't want to break the law. That's not what we're here for. We want to lawfully exercise our constitutionally protected rights.

04:21

So, I was just wondering if you're aware of that, because technically, there is an illegal activity going on here.

04:27

So, I was wondering what law would be violating. And I would generalize it a little bit more is city and states cannot make laws that would contradict the constitutional law.

04:38

So, what you're saying is that if a person comes out and they're exercising their rights, that we can't come up with city ordinances that says, hey, you can't stand on this side.

04:48

We can't make a city ordinance that would contradict your First Amendment rights. Yeah, it's a complex case. And I need you to know that we get our direction from our legal department.

04:57

So, it's not me. It's the City of Phoenix Police Department saying that, hey, you can have law enforcement assemble, free speech, all day long.

05:08

When we use amplification, it changes the dynamics. And like I said, if this was a commercial building, 10 to 10 stories, one level goes higher where I would have to be able to say, it's disturbing.

05:24

But because it's residential, they have more rights. And what I would do, so I am aware of what you're saying.

05:32

But in general, if we go over there and there's an issue and they say, I want to prosecute,

05:37

I want a report taken, this is keeping me awake, it's keeping my baby awake or whatever. We'd come back over and we'd say, hey, the vote on it is just too loud.

05:45

If you want to hear a speech and use your voice, but if you want to continue to vote and take a position and we're going to send a prosecution, we're not going to,

05:56

I would have to check one of my sergeants. We'd either arrest, we could write a ticket or we could submit.

06:01

So that would be my super budget. But we would slow it down. We would come back and then you would have a decision to make.

06:08

And we would let the courts decide. Because it's not for me to decide with you right here today. We want a judge to decide, are you right or am

06:15

I right? So that's how we operate. Our goal is not to diminish amendment rights, but it's also to protect rights of both sides.

06:26

Yeah, I appreciate that. I respect you guys. I respect your office. I respect your authority.

06:32

I would probably disagree in terms of the difference between amplified free speech and normal voice.

06:38

But yeah, I mean, if you have to make contact, then please go ahead and make contact.

06:45

We appreciate that. And then, like you said, you may have a friend or someone that you want to consult with before you go in a certain direction.

06:57

So that's where we're at. And we want to assess it. And what's important is going that way, which is an awesome thing.

07:07

Well, that's where the clinic is. Yeah. That's why we're here, by the way. I don't know if you knew. Oh, yeah. Oh, yeah. We've been with clinics here all the time.

07:14

We deal with protests, whether it's First Amendment, Second Amendment, Fourth Amendment. That's our heart.

07:20

Our heart is they're killing children in there. We want to try to help to stop it. So some people come and they'll point it towards residential areas.

07:30

And so that's what we do. We do a very good, thorough investigation. We educate both sides.

07:37

And sometimes we'll go over that and we won't be able to hear it. We won't say anything. But I can hear it right away.

07:42

Right. And at that point, wouldn't you agree, it becomes rather nebulous and arbitrary?

07:49

Well, what we do is we try to treat both sides fairly. I mean, if you were doing something on this side, my goal would be to talk to you and say, hey, this is where we're going from.

08:01

And if there's an issue over there, this is where we're coming from. So we try to treat both sides fairly.

08:07

Which is impossible to do for all of us. It is. It is.

08:13

We can't make everybody happy, but we do our best. So that's what we're going to do. We're going to reach out.

08:18

We're going to find out who made the complaint so that patrol doesn't come out. Because patrol has other things to do other than First Amendment issues.

08:26

There's a lot of things going on. So that's what we're going to do. And I'll come back. And my name is Rick, by the way. He's on the card.

08:32

And that's Dave. That's me. And that's Zach. And feel free to call.

08:38

Craig is the guy that normally handles the pro -life, pro -choice issues. And I have his card with me because he's on it.

08:46

But he'd be a good guy to reach out to, too. If you ever have an issue, you can't stand right here.

08:55

Just so you know, we're fully behind obeying the law. And we are aware of the property lines and where we can be and where we cannot be.

09:02

And we don't want to violate those. Well, sure. Sure. But I know that they want to shut us out.

09:09

But I'm not going to stop in terms of calling out to the women and preaching to them.

09:14

So I'll gladly take whatever comes with it because I care. It's not that I don't care about people being disturbed.

09:23

It's just that I care more about what's going on in there. That's my heart. And that's right in your decision to make.

09:29

So like I said, we'll just talk and then we'll come back. I appreciate you making contact. Thank you. I respect you guys in your office.

09:39

I believe your office is delegated by God and the authority that you have is because of him. So that's my position.

09:45

All right. Take care. Come on.

10:04

All right. Thank you, gentlemen. How long are you guys planning on being here today? Oh, what time is it? We usually take off a little bit after 11.

10:14

So not too long. But yeah, we'll wait. We'll definitely wait here. We're not going to go anywhere until you guys know you're free to leave.

10:20

You know, we're just going to sort through things a little bit. OK. And that's just all right. Thank you.

10:26

Give us all that we have. He doesn't need it. It's not as though God would need something.

10:37

So we would beg you in light of that, show mercy to your baby. Well, you guys are fast. I thought you had to go over there.

10:44

Well, OK, so just let me know how things work on any call. So like Saturday night, we get a loud music.

10:50

Yeah, we don't do anything without a backup. You know, sometimes there's special circumstances when somebody makes a complaint that they're being disturbed.

11:00

They have to go to court. They have to desire a prosecution. They have to testify. Otherwise, we're not going to do it.

11:07

We can't do anything without a backup. So we just got ahold of the dispatcher.

11:12

It was an anonymous call, so no one wanted contact. We didn't know that coming up. We just we just got a request.

11:18

So moving forward, this is the same. It should go the same way every time. If there's a complaint, if no one wants contact, we're really not going to intervene.

11:27

If somebody wants contact, then we start an investigation. We go over, we assess the noise, we come over, we call, we figure out, you know, something that you believe strongly in and you're going to continue.

11:39

That's up to you. But that decision would come at that point. Yeah. Right. Yeah. Understood. So as far as today goes, no one wants contact.

11:48

So how would we take enforcement if we don't know what somebody wants?

11:53

I understand. That's the way it works with every call. I know. I understand. You guys are called to show up.

11:59

It was good to talk about. I enjoy talking about First Amendment, about free speech and amplified free speech and how it changes things a little bit.