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sufaud
09-29-2004, 06:59 AM
Between Metro and Cell User, a Disconnect
Officer Shoves, Arrests Pregnant Woman Over Loud Call

By Lyndsey Layton
Washington Post Staff Writer
Tuesday, September 28, 2004; Page A01


Sakinah Aaron was walking into the bus area at the Wheaton Metro
station several weeks ago, talking loudly on her Motorola cell phone.
A little too loudly for Officer George Saoutis of the Metro Transit
Police.

The police officer told Aaron, who is five months pregnant, to lower
her voice. She told the officer he had no right to tell her how to
speak into her cell phone.


Photo:
http://tinyurl.com/58odq
Caption:
Sakinah Aaron says she was speaking loudly on the phone but not
cursing. (Juana Arias -- The Washington Post)


Their verbal dispute quickly escalated, and Saoutis grabbed Aaron by
the arm and pushed her to the ground. He handcuffed the 23-year-old
woman, called for backup and took her to a cell where she was held for
three hours before being released to her aunt. She was charged with
two misdemeanors: "disorderly manner that disturbed the public peace"
and resisting arrest.

Those are the facts on which both sides agree.

They interpret the events of Sept. 9 very differently.

Transit Police and some Metro officials say Saoutis was protecting the
peace by removing a woman who had overstepped the boundaries of civil
behavior because she was loudly cursing into her phone.

They say that cell phones have become just another instrument of
loutish behavior in the public space and that they are fighting a
dramatic deterioration of manners in the transit system.

"We need better enforcement to allow people to know we are serious and
want to maintain the high-quality level of the system," said Robert J.
Smith, chairman of the Metro board, adding that "ranting youth" have
become a plague on the subway. "This isn't Montana. We live in a very
dense region, and people are on top of each other all the time."

Smith, who refuses to carry a cell phone, said he thinks Metro riders
need to use the devices with care. "We wouldn't allow someone to come
into the U.S. Capitol Rotunda and shout obscenities into a cell
phone," he said.

But Aaron and some defenders of free speech say the Transit Police are
the ones who overstepped boundaries by making a crime out of
conversation and pushing a pregnant woman to her knees. The incident
took place out of doors and not in the confines of a rail car or bus,
they note.

And they point to a string of other incidents, including the July
arrest of a 45-year-old woman for chewing a PayDay candy bar and the
2000 arrest of a 12-year-old girl for eating a french fry, that are
earning the Transit Police a national reputation as an agency itching
to lock up riders.

"Technically, the police officer is right, but the result is wrong,"
said D.C. Council member Jim Graham (D-Ward 1), who represents the
city on the Metro board. "How do we prevent minor transgressions
escalating into major problems? It's not what any of us want. We don't
want pregnant women booked for loud cell phone conversations. We don't
want 12-year-old girls in handcuffs for eating a single french fry.
Whether it's training or guidance to our officers, we have to do
something."

Johnny Barnes, executive director of the Washington area chapter of
the American Civil Liberties Union, called Aaron's arrest "troubling."

"There seems to be an unusual attention paid to activities of
patrons," Barnes said. "One should be able to ride the Metro and
exercise a range of rights without fear of intervention from Metro
police."

Aaron, who lives in Silver Spring and works as a clerk at the Food and
Drug Administration, said she was talking to her fiance on her cell
phone as she walked toward the bus bay about 4:45 p.m. Sept. 9 to
catch the Route C4 Metrobus.

"Our phone conversation had ended," she said. "I'm walking down the
stairs and the transit cop said, 'You have to lower your voice,
ma'am.' I said, 'You can't tell me how loud I can talk.' He said, 'I
can arrest you,' and he grabbed my arm. I said, 'What are you doing?
I'm pregnant! Oh, so you want to flex some muscle today?' He grabbed
my hand, and we struggled."

Aaron acknowledged that she was loud on the phone but said she wasn't
cursing and lobbed a profanity only after Saoutis grabbed her.

After her release that night, Aaron went to Holy Cross Hospital and
was treated in the emergency room for a bruise she said was a result
of Saoutis's pushing her to the ground and placing his knee on her
upper back.

Saoutis, who is about to complete his first year on the job with the
Transit Police, was not available for an interview yesterday,
according to Deputy Chief Tim Gronau.

Gronau said his officer properly enforced the law and arrested Aaron
because it was clear she wasn't taking his warning seriously.

"We're not either pro or negative cell phones," he said. "The issue is
[that] the volume of her conversation, coupled with the language, is
not conducive to socially accepted standards of behavior."



http://www.washingtonpost.com/wp-dyn/articles/A55325-2004Sep27.html

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