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http://www.komonews.com/news/local/25852314.html
Story Published: Jul 24, 2008 at 7:40 AM PDT
Story Updated: Jul 24, 2008 at 7:40 AM PDT
By Associated Press
PORTLAND, Ore. (AP) - Portland police are not above the parking laws.
Officer Chadd Stensgaard, who parked his patrol car in a no-parking zone while making a dinner-break stop at a Japanese restaurant, must pay a $35 fine, Traffic Court Judge Terry Hannon ruled Wednesday at a well-attended hearing that included several uniformed officers.
Hannon said he didn't personally think Stensgaard did anything wrong, but had to find him guilty because he violated the letter of the law.
The letter of the law was first noted by Eric Bryant, an attorney who filed a citizen complaint against the officer in March. He was at the restaurant with friends when Stensgaard parked in a curbside no-parking zone.
About five minutes after the officer arrived, Bryant walked up to him and told him he was parked illegally. "He told me he was allowed to do so," Bryant testified. "I responded, 'No, you're not.' I told him he was an officer of the law. He's not supposed to break the law. He's supposed to enforce the law."
Oregon law allows emergency responders to park in no-parking zones when responding to emergencies or chasing suspects. The law says nothing about sushi.
Stensgaard testified that he needed to park his car close by in case he had to respond to an emergency call or someone tried to mess with the vehicle.
But Thomas Elliott, the attorney representing Bryant, argued that Stensgaard could have chosen at least half a dozen restaurants in the general vicinity with parking lots.
Stensgaard responded that some of those restaurants close before he usually stops for dinner, some he's not familiar with and some he considers unhealthy.
"I don't eat fast food," Stensgaard said.
Stensgaard declined to comment after his defeat.
Portland police leaders say they plan to ask city commissioners to make it legal for officers to park in no-parking zones when ordering food or stopping for a restroom break.
Bryant, meanwhile, saw the ruling as a victory for those who don't carry a badge.
"I tried to represent the best interests of Oregonians," Bryant said. "And I believe that Oregonians believe police don't get to ignore the law."
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So, it looks like the Attorney Eric Bryant, who first filed the complaint about the minor police abuse of power, and Judge Terry Hannon, who upheld that complaint, have done us OCers a favor. (Granted this story took place in Oregon.) It does send a clear message to LEOs that are alright with using their position and badge for whatever reason, e.g. personal gain, harrassment of legal activity like OC, etc. that such behavior is against the law. And LEO's must abide by the same law as the rest of us.
This is not to become an LEO-bashing thread. That is notwhy I posted the story. I do find it interesting that the Police "leaders" say that they want the commissioners to make this illegal activity legal for them, thus creating (even ifby just a small margin) a privileged class. Violation of such a policy, were it enacted, would be quite impossible to enforce, considering theillegally-parked officer could then just say that he was trying to find a bathroom or having a food break, whenever he wanted to park where the red paint was.
http://www.komonews.com/news/local/25852314.html
Story Published: Jul 24, 2008 at 7:40 AM PDT
Story Updated: Jul 24, 2008 at 7:40 AM PDT
By Associated Press
PORTLAND, Ore. (AP) - Portland police are not above the parking laws.
Officer Chadd Stensgaard, who parked his patrol car in a no-parking zone while making a dinner-break stop at a Japanese restaurant, must pay a $35 fine, Traffic Court Judge Terry Hannon ruled Wednesday at a well-attended hearing that included several uniformed officers.
Hannon said he didn't personally think Stensgaard did anything wrong, but had to find him guilty because he violated the letter of the law.
The letter of the law was first noted by Eric Bryant, an attorney who filed a citizen complaint against the officer in March. He was at the restaurant with friends when Stensgaard parked in a curbside no-parking zone.
About five minutes after the officer arrived, Bryant walked up to him and told him he was parked illegally. "He told me he was allowed to do so," Bryant testified. "I responded, 'No, you're not.' I told him he was an officer of the law. He's not supposed to break the law. He's supposed to enforce the law."
Oregon law allows emergency responders to park in no-parking zones when responding to emergencies or chasing suspects. The law says nothing about sushi.
Stensgaard testified that he needed to park his car close by in case he had to respond to an emergency call or someone tried to mess with the vehicle.
But Thomas Elliott, the attorney representing Bryant, argued that Stensgaard could have chosen at least half a dozen restaurants in the general vicinity with parking lots.
Stensgaard responded that some of those restaurants close before he usually stops for dinner, some he's not familiar with and some he considers unhealthy.
"I don't eat fast food," Stensgaard said.
Stensgaard declined to comment after his defeat.
Portland police leaders say they plan to ask city commissioners to make it legal for officers to park in no-parking zones when ordering food or stopping for a restroom break.
Bryant, meanwhile, saw the ruling as a victory for those who don't carry a badge.
"I tried to represent the best interests of Oregonians," Bryant said. "And I believe that Oregonians believe police don't get to ignore the law."
-------------------------------------------------------------------------------------------------------
So, it looks like the Attorney Eric Bryant, who first filed the complaint about the minor police abuse of power, and Judge Terry Hannon, who upheld that complaint, have done us OCers a favor. (Granted this story took place in Oregon.) It does send a clear message to LEOs that are alright with using their position and badge for whatever reason, e.g. personal gain, harrassment of legal activity like OC, etc. that such behavior is against the law. And LEO's must abide by the same law as the rest of us.
This is not to become an LEO-bashing thread. That is notwhy I posted the story. I do find it interesting that the Police "leaders" say that they want the commissioners to make this illegal activity legal for them, thus creating (even ifby just a small margin) a privileged class. Violation of such a policy, were it enacted, would be quite impossible to enforce, considering theillegally-parked officer could then just say that he was trying to find a bathroom or having a food break, whenever he wanted to park where the red paint was.