Activist sues Austin police for right to film arrests

Antonio Buehler says police infringed on civil rights.

Storified by AJAMStream· Thu, Jan 09 2014 09:05:07

Buehler gives his reasoning for the lawsuit below:

“I could not stand silent and watch a brutal attack on an innocent woman, and when I saw how officers reacted to my effort to stop their violence, I knew I had to take action to prevent this from happening again,” Antonio Buehler said. “I learned that people were being arrested across the country for filming police, and I decided I had to file suit in order to stop the abuse of people who record the conduct of police officers in the hope of ending police brutality.”peacefulstreets.com

The lawsuit cites the New Year's Day incident - as well as two other events that year for which Buehler was charged for failure to obey - and alleges that the police department failed to establish policy or train officers on how to proceed when filmed by private citizens.

Warning: video contains explicit language) The lawsuit is a continuation of Buehler's long battle with the Austin Police Department (APD). The following video shows a 2013 encounter where Buehler was detained. (

COWARD APD Cops illegally detain Antonio Buehler (camera #2)PeacefulStreets



After Buehler's August arrest , Commander Troy Gay told an Austin newspaper that while filming police is legal, the department "takes a strong stance on interference" and said he'd like residents who film to stand 50 to 60 feet away. The Peaceful Streets code of conduct asks that its volunteers "make every necessary effort to not interfere with law enforcement officials while carrying out their official duties" in an effort to hold themselves "to a higher standard of conduct than the Austin Police Department."

"It becomes very dangerous not only for the officers but for those we're dealing with. ... We just continually try to give (camera users) guidance that there is a time and a place to give a little more distance, especially when things are getting out of control."statesman.com

The National Press Photographers Association took issue with the APD directive that planned to keep people who film police at least 50 feet away, saying it would be unconstitutional.

The pending Freedom to Film Act, proposed by Texas state Senator Craig Estes, sought to offer additional protections to Texas residents who filmed officers. The bill proposed to allow legal authorities to drop charges that could be considered unwarranted retribution towards anyone filming police, such as interference with public duty or failure to obey a police officer. Buehler has been charged on both counts in the past.

What do you think of Antonio Buehler's lawsuit? Leave your thoughts in the comments below.