Baltimore Police Union Sues Department Over Social Media Policy, Lieutenant's Reassignment
A high-ranking
Baltimore police union official who was reassigned to an overnight security
detail in January after engaging in a series of arguments with local activists
on Twitter has
filed a federal lawsuit against the Baltimore Police Department and
Commissioner Kevin Davis,
alleging his reassignment and the department's social media policy governing
officers' activities online are unconstitutional.
In
the civil lawsuit, filed in U.S. District Court on Tuesday, Lt. Victor Gearhart
— with the backing of the Fraternal Order of Police Lodge 3 — argues his
reassignment was "retaliation against him for lawfully exercising his
constitutional right to freedom of speech under the First Amendment," and
calls the department's social media policy "overbroad, vague and otherwise
unconstitutional."
The
lawsuit says the actions taken against Gearhart, a 33-year veteran of the force
and first vice president of the local FOP, have had a "chilling
effect" on all officers' First Amendment rights, and that the policy
represents illegal "prior restraint" on their speech.
Michael
E. Davey, attorney for Gearhart and the FOP, declined to comment on Wednesday.
T.J. Smith, a police spokesman, said he could not comment on pending
litigation.
The lawsuit represents
the first public backing of Gearhart by the union since the controversy
surrounding his tweets first arose. The union has previously sought to distance
itself from Gearhart.
Gearhart,
known for his outspoken commentary on issues affecting Baltimore, first came
under fire in January after officer-turned-reform-activist Michael A. Wood Jr.
pointed out Gearhart's Twitter handle, @SDGhostRider, and youth activist
Makayla Gilliam-Price wrote an article on the website Assata's Syllabus that
provided examples of some of Gearhart's tweets to underscore her opinion that
they "prove embedded racism" in the Baltimore police department.
On
protests in the city, Gearhart wrote in December, "THUGS always act like
THUGS" and "demonstrators act like animals." He also suggested
that both State's Attorney Marilyn J. Mosby, who brought charges against six
Baltimore police officers in the death of 25-year-old Freddie Gray from
injuries suffered in police custody, and her husband, City Councilman Nick
Mosby, should be "deported" from the country.
After
Gilliam-Price's piece was posted, Gearhart engaged in a back-and-forth argument
with her and other activists. Police officials deemed his comments a personal
attack on Gilliam-Price, 17 at the time, and generally inappropriate —
especially as the department hopes to repair its relationship with the
community following the unrest after Gray's death. Both Davis and the FOP
disavowed his actions, with the FOP tweeting, "Be advised: the statements
made by @SDGhostRider do not represent or reflect the opinion or beliefs of our
organization."
Davis
then reassigned Gearhart, a Southern District shift commander, to an overnight
security detail at police headquarters.
In
November, the Baltimore Police Department instituted a five-page social media
policy, which prohibits members from posting on their personal social media
pages "any discriminatory, gratuitously violent or similarly inappropriate
written content, audio files, photographs, or other depictions that are
contrary to the mission and effectiveness of the BPD."
Such
content, the policy states, would include any "racist, sexist or other
discriminatory content that expresses bias against any race, religion, or other
protected class of individuals," as well as any content "that might
lead a reasonable member of the public to question whether the member is
committed to constitutional, non-discriminatory policing."
Gearhart
has said he never claimed to be speaking on behalf of the department in his
tweets — actually pointing out that he wasn't speaking for the department — and
that his reassignment was baseless and illegal.
In
the lawsuit, he asks for unspecified damages and to be reinstated to his former
post. He and the FOP ask that the court find the department's social media
policy unconstitutional.