Debate over First Amendment rights continues on social media
By Barb Pert Templeton
The Marine City Police Department’s Facebook page had nearly 1,000 comments and a video of an incident, where a business owner was pepper sprayed on Jan. 6, collected over 50,000 views on YouTube in less than 24-hours.
On Jan. 7 Marine City Police reported that they had completed their investigation into the matter and turned it over to the St. Clair County Prosecutor’s office. A decision on any criminal charges is expected in the coming days.
The altercation occurred outside Zimmerman’s Meat Market off Broadway Street just after 11 a.m. on Tuesday. A trio of videographers from the YouTube channel, “Welcome to this World Media” were filming the store’s interior from the sidewalk referring to themselves as part of the group, First Amendment Auditors.
The market owner, Sarah Hoover, attempted to speak to the trio at the door of the store asking what they needed or if she could help them.
Marine City Police Chief James Heaslip in a file photo from a Marine City Commission meeting last year.
“I’m the business owner and you’re recording and I don’t really love that,” Hoover said, as shown in the 30-minute video of the incident now on YouTube. “Why are you recording? For what? Can I ask what the video is for please?” Hoover said.
“For YouTube,” replied videographer Ian with Welcome to this World Media.
After that the store door was locked and the lights were turned. Hoover’s father, Richard Hobig, came from the rear of the store and tried to block the filming, putting his body against the window.
“Look at all this stuff I have for sale but don’t look at it,” Videographer Pam stated. “Locally raised idiots, no middle man, you come here and you get dumb a****,” she continued.
Hobig can then be heard through the window on the phone saying they needed the police right now. He said he was going to have to shut the store down due to the trio of camera people outside. The videographers told Hobig several times that they could clearly see a police car parked just down the block.
“I got a maxi pad in my bag if you need it,” one of the male videographers stated as Hobig called the police.
Next, Hoover started to tape big pieces of paper on the windows and stopped and flipped the trio off and smacked the window several times.
“There is a community mental health facility right down the street,” Pam stated through the window from outside.
Just then Hobig exited the store and headed down the sidewalk as Ian continued to walk backwards filming him while asking him repeatedly to stop coming towards him. As Hobig continued down the sidewalk he was sprayed with the pepper spray cannister.
“Stay back, stay back,” Ian shouted.
This photo was posted on the Zimmerman’s Market Facebook page of the owner’s father, Richard Hobig, with the comment: ‘these are the burns on his face from the spray.”
“I’m walking to that cop car,” Hobig said after being sprayed.
Police arrive on the scene
As Hobig made his way back into the store Ian and Pam, who said they are a married couple from Hazel Park, shouted that they had been charged at by him, Ian said he was scared and felt he was being attacked.
“He came out like he was going to f**** beat my a**,” Ian said.
Just then Hoover raced out of the store to the street and flagged down a Marine City police officer, as both her and her father scream that they need an ambulance immediately.
Marine City Officer James VanderMeulen stepped to the sidewalk and asked the camera crew for their identifications. In turn, Ian asked for the officer’s name and badge number.
“We’ve had numerous complaints about you guys’ intimidating people,” VanderMeulen said. “Were you in a restaurant and asked to leave and refused to leave when you were vaping? You can’t vape in a restaurant.”
All three vehemently denied ever entering any businesses and in fact said they had video proof of the fact.
Marine City Police Chief Jim Healsip arrived and stated he was going to need copies of their videos and agreed to allow them to email them to him rather than confiscate their equipment.
He said everybody’s been calling from around town and the police were telling everyone the same thing, what they’re doing isn’t illegal and he added “videotape all you want.”
When Heaslip asked where the second guy with a camera was from, he replied ‘my mother’s vagina.’
“Oh nice,” Heaslip replied. “And if you’re a witness to a crime, I’m going to need your information, just so you know.”
The man replied that the police really couldn’t make him give up the information. Heaslip said true but the alternative was to confiscate all their equipment.
As several St. Clair County Sheriff’s deputies arrived on the scene, they asked the camera users what they were doing and Ian quickly stated, “First Amendment protected activity.”
As an example, they explained that they filmed through a window of a local mental health facility office and could clearly see information about a client on the computer screen and that violated HIPPA laws.
“Look, I respect you guys, I understand what you do for a living but taunting them in the window? Just record, because we’re borderline disorderly conduct. Like I said just videotape and you guys are good.”
Marine City Police Chief James Heaslip
“Why on a rainy, cold day, are you doing this?’ Heaslip asked, as he made small talk with the trio.
“Look, I respect you guys, I understand what you do for a living but taunting them in the window? Just record, because we’re borderline disorderly conduct,” Heaslip said. “Like I said just videotape and you guys are good.”
The incident concluded and Hoover went in the ambulance to the hospital with her father, who was treated and released.
“That was pretty fricken’ wild, big dude coming at me, hostile, put me in fear I had to actually deploy the pepper spray this time, never had to before,” Ian said, as the video of the incident was concluding. “Hopefully the dude’s alright, I don’t want to pepper spray anybody, it’s not my goal.”
Social media goes wild
There were over 350 comments on the second press release posted on Jan. 7 on the Marine City Police Department page stating the matter had been turned over to the St. Clair County Prosecutor.
There were also over 800 comments on the Zimmerman Meat Market Facebook page including a lengthy post from owner Sarah Hoover noting previous incidents at the market including a visit from PETA supports that were upsetting hence her fear when cameras showed up outside. She was also concerned for her father whom she said had a heart condition and was experiencing chest pain.
The Marine City Police Department’s second press release also stated they had completed their investigation. It included a review of social media footage, statements from business owners and accounts from the individuals involved in the incident.
“The department has now officially forwarded the complete investigative file to the St. Clair County Prosecutor’s Office for formal review,” the press release stated. “The prosecutor’s office will evaluate the evidence to determine if criminal charges are warranted against any of the parties involved.
It when on to state: The Marine City Police Department is committed to a fair and transparent process for all members of our community and those visiting our city. We have provided all the available information and video evidence to the prosecutor to ensure an impartial legal determination is made. The Marine City Police Department would like to remind the public that while individuals have a First Amendment right to record in public spaces, the safety and security of our local business owners and residents remain a top priority.
