ACLU Sues Allegheny County for Man Charged with Wiretapping

The American Civil Liberties Union of Pennsylvania filed suit against Allegheny County today on behalf of a Pittsburgh man who was charged for recording University of Pittsburgh Police. ACLU Legal Director Vic Walczak says its perfectly legal for anyone to tape police or any other public official when they are in public.

Walczak says on April 29th, Hill District resident Elijah Matheny and his friend were retrieving items discarded in Oakland by Pitt students after spring semester. Police approached and demanded identification; Matheny's friend did not have any, so the officers put her in hand cuffs until she could be identified. Matheny was charged with violating the state wiretapping statute for taping the officers as they handcuffed her.

Walczak says the First Amendment guarantees people a right to record police officers' behavior in public places. He says Pennsylvania state wiretapping law, though relatively stringent, further ensures this right. Walczak says a lack of knowledge of the law is to blame. "It's not clear to us exactly why, but many law enforcement officers in Pennsylvania do not seem to understand this exception to wiretapping law, and obviously the Pitt police are among those who don't understand this exception," says Walczak.

He says it's vitally important that local police remember this rule, because the G20 will bring police encounters and it's very likely someone will tape them. Walczak says the suit, Matheny v. County of Allegheny, et al, has two purposes: to make police aware of this wiretapping exception before the G20 event and to provide Matheny with some consempation for undeserved jail time.

Allegheny County has released a statement refuting ACLU's allegation that their attorney's office has a policy of advising officers to arrest those taping them on official business. "In fact, no such policy exists," says the statement.