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June 2, 2017

Joey Zapata
Assistant City Manager, City of Dallas
Dallas City Hall

This letter and email shall serve as my formal written complaint against a City of
Dallas employee. This letter will detail her actions, which were unprofessional and
even unconstitutional.

On the evening of June 2, 2017, I, like many others, was caught in the severe
rainstorms that came through the city.

After passing through the Mockingbird/Abrams intersection, I decided to park by


the IHOP on the corner until the storm passed. As I entered the parking lot from
Abrams Road, I saw a City of Dallas Code Compliance vehicle parked on the side of
the parking lot (not in a marked parking space). I also saw damage to the front
driver wheel. I noted the presence of a female in what appeared to be a female
City of Dallas employee (blue shirt, dark slacks) standing with an umbrella near
the vehicle, and on the phone. The vehicle was marked as #044017.

I decided that a photo of this vehicle in this condition would be a good example of
how bad the storm was impacting the city. I passed the vehicle, made a u-turn
and came up on the vehicle with my vehicle window down and my smart phone in
my hand.

As soon as I approached the vehicle, the City employee came up to my vehicle


and ordered me to not take photographs of the car. She said I was not allowed to
take pictures of the vehicle or her (not direct quotes). I said something to the
effect, Really?? Then, What is your name and badge number?

Her reply I dont have to give you any information. You cant take pictures of the
car.

I was able to get a few shots of the vehicle, with the City employee blocking her
body with an umbrella (photos attached)
I pulled into a marked space near the sidewalk and waited a few moments
(actually, I had to catch my breath from laughing hysterically). I exited my vehicle
to seek shelter at the IHOP. At that moment, another person, whom I do not
believe was a City employee, was standing next to the City vehicle. He turned to
the City employee, pointed at me, and said, Who, that guy??

After about 15 minutes of drying out, I exited the IHOP and returned to my
vehicle. I grabbed my Nikon professional camera and walked around the vehicle,
taking more photographs. The City employee stayed in the car and I did not
engage in any conversation with her.

I waited on scene for about ten minutes, hoping to meet a supervisor coming out
to deal with the vehicle damage issues. I left the scene, but a few minutes later
decided I needed to try to get the employees information one more time.

I parked by the curb, went to the vehicle, and tapped on the closed window. After
the employee finished typing on her laptop, she lowered the window slightly. I
said, I want your badge number. I want it now. (repeated)

She replied, I dont have to give it to you.

My reply, You are a City of Dallas employee, you must identify yourself to me.

She waited a second or two, then said, C. Reese. I confirmed the spelling.

I asked her what Code division she worked for but her answer was blocked by the
window. I started to walk away when she lowered the window and said
something which I could not understand. She gave me her employee number,
which I heard as 1761.

This conversation was recorded on my phone.

I have confirmed from the Texas Tribune database CONSTANCE REESE is


employed by the City of Dallas as a Code Compliance Manager, Level II, hired in
March 1993 and earning $71,000 per year.

Her actions were unprofessional at the minimum, offensive to me as a Citizen of


the City, and just this side of unconstitutional. This kind of behavior and irrational
(and illegal) demands should never be considered as acceptable by the City of
Dallas or any of its departments.

I am making the following demands in order to remediate this situation.

A department investigation should immediately be started in order to


confirm the details of this event as I have written them. Ms Reese should
be required to submit a written statement detailing not only her actions,
but her justifications for making such an unreasonable demand.

The results of this investigation will be used to determine what official


actions the City can take against Ms Reese, up to and including termination.

Ms Reese should be given remedial training on the issue of the right to


photograph and record in public. See this website for guidelines
www.therighttophotographinpublic.com

The City Manager should issue a memo to all employees, including police
and fire (with whom I have had too many confrontations on this issue to
include here), stating that as public employees working in public areas,
there is no expectation of privacy and therefore they should not interfere
with the public taking photographs of them at work.

Ms Reese should be forced to surrender any and all photographs she took
of myself or my vehicle, which will then be forwarded to me. She may keep
them, but she may not post them without permission of the City Manager
or myself.

A detailed letter of explanation, including the results of any investigation


and any actions taken against Ms Reese shall be included in her employee
file, and copied to me.

I look forward to your reply.


Regards,

Avi S. Adelman
5620 East Side Avenue
Dallas TX 75214

214-923-3562

avi@aviadelman.com

cc Mickey Osterreicher,

General Counsel, National Press Photographers Association

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