this post was submitted on 22 Dec 2023

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480

Massachusetts cop with body-cam searches middle school for LGBTQ-themed book: report (www.rawstory.com)

submitted 11 months ago by MicroWave@lemmy.world to c/news@lemmy.world

64 comments fedilink hide all child comments

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.

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[–] charonn0@startrek.website 160 points 11 months ago* (last edited 11 months ago) (5 children)

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?

[–] Audrey0nne@leminal.space 56 points 11 months ago (1 children)

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.

[–] JustZ@lemmy.world 27 points 11 months ago* (last edited 11 months ago) (3 children)

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.

[–] BeautifulMind@lemmy.world 10 points 11 months ago (1 children)

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)

[–] JustZ@lemmy.world 2 points 10 months ago

So I wonder:

Does MA have some statutory requirement, such as how many states have statutes requiring police to followup to a 911 hangup call, perhaps requiring a response to complaints about sexual deviance with children or something, and perhaps the police had no choice but to make contact with the teacher. They didn't find the book. Could have been showing up a friendly warning of a nutjob parent, and the ACLU is taking liberty with the storm.
What was the extent of the search? IMO, even showing up at the school and entering the classroom whilst having eyeballs, let alone a camera, is a search.
What the fuck is wrong with parents that they can't have these conversations with their kids, or... Fuck, I don't know, check the book out at the library and read it to their kid and talk about it in a context they are comfortable with? Oh k forgot, that requires emotional intelligence and these people who try to control their environment instead of their emotions are fucking ghouls that nobody wants to fuck.

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[–] SatanicNotMessianic@lemmy.ml 44 points 11 months ago (8 children)

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.

[–] cannibalkitteh@lemmy.blahaj.zone 20 points 11 months ago (2 children)

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.

[–] SatanicNotMessianic@lemmy.ml 17 points 11 months ago* (last edited 11 months ago)

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.

[–] Tujio@lemmy.world 9 points 11 months ago

Last time I had my car broken into they told me to file a report online. It took them over a year to send a form letter reply saying they got it.

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[–] TimLovesTech@badatbeing.social 19 points 11 months ago* (last edited 11 months ago) (1 children)

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

[–] TheChurn@kbin.social 12 points 11 months ago (4 children)

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.

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[–] MotoAsh@lemmy.world 16 points 11 months ago

Because this complaint hurt little piggy's feelings.

[–] afraid_of_zombies@lemmy.world 9 points 10 months ago (1 children)

Yeah I don't believe it either. The courts have agreed the cops don't have to help anyone.

[–] BreakDecks@lemmy.ml 3 points 10 months ago

Yeah, but that's because they don't want to help people. They actively recruit cops who hate the communities they're going to police.

So it's never an issue when they're asked to do harm. That's why they became cops.

[–] driving_crooner@lemmy.eco.br 67 points 11 months ago (1 children)

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.

[–] slurpeesoforion@startrek.website 25 points 10 months ago

"ThErE aRe DrAg QuEeNs ReAdInG tO cHiLdReN. PlEaSe HuRrY!"

[–] Kecessa@sh.itjust.works 59 points 11 months ago (3 children)

in communist China and Russia

or in the history of many US States...

[–] arin@lemmy.world 21 points 11 months ago (1 children)

Republicans talk about China so much because they envy their Authoritarian power over the people...

[–] CurbsTickle@lemmy.world 5 points 11 months ago

The attorney for the ACLU said it.

[–] 0x2d@lemmy.ml 7 points 11 months ago (5 children)

also, russia is not communist, lol

[–] lolcatnip@reddthat.com 8 points 10 months ago

in {communist China} and {Russia}

[–] Aleric@lemmy.world 5 points 11 months ago* (last edited 11 months ago) (1 children)

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.

[–] PM_Your_Nudes_Please@lemmy.world 4 points 10 months ago

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.”

[–] Kecessa@sh.itjust.works 5 points 10 months ago

I think that's a reference to when it was, not someone saying they are at the moment.

[–] Oderus@lemmy.world 4 points 11 months ago

No one is saying Russia is communist today but they were communist.

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[–] NOT_RICK@lemmy.world 34 points 11 months ago (1 children)

Over/Under on how many punisher tats this piggy has?

[–] HopingForBetter@kbin.social 6 points 11 months ago (2 children)

13 - one for each of the original colonies

[–] foggy@lemmy.world 7 points 11 months ago (1 children)

You say this like they'd be educated.

[–] Edgarallenpwn@midwest.social 2 points 11 months ago

11 since it's more than the fingers they used to count.

[–] superduperenigma@lemmy.world 5 points 11 months ago* (last edited 11 months ago)

13 - for the biggest number they can count to

[–] sailingbythelee@lemmy.world 30 points 10 months ago (2 children)

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.

[–] tigeruppercut@lemmy.zip 14 points 10 months ago

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.

[–] chitak166@lemmy.world 3 points 10 months ago

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?

[–] girlfreddy@lemmy.ca 28 points 11 months ago (1 children)

ACAB

[–] 0x2d@lemmy.ml 2 points 11 months ago* (last edited 11 months ago)

I'm calling the cops!

[–] FlyingSquid@lemmy.world 25 points 11 months ago (9 children)

W.E.B. Du Bois Regional Middle School.

What do we want to bet a school with a name like that has a significant majority of black students? And what do we want to bet that's why the cop went there?

[–] clive@sh.itjust.works 13 points 11 months ago

I live in the area and while I dont have the exact numbers, Great Barrington and the surrounding towns are very predominantly white. The school is named because WEB Du Bois was born in Great Barrington

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[–] BruceTwarzen@kbin.social 22 points 10 months ago

Land of the free, as long as you are a fascist

[–] Tolstoshev@lemmy.world 20 points 10 months ago (1 children)

“A book is a loaded gun." - Fahrenheit 451

[–] Subverb@lemmy.world 7 points 10 months ago (1 children)

“If you don't want a man unhappy politically, don't give him two sides to a question to worry him; give him one. Better yet, give him none." - Fahrenheit 451

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[–] Kbobabob@lemmy.world 13 points 10 months ago

A cop's decision to sport a body camera and search...

Why was it his decision to make?

[–] match@pawb.social 12 points 11 months ago

That's the kind of shit you'd read about in a young adult novel

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