Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of 
I don't know how I missed this when it happened a few weeks ago, but somehow I did. A man is suing the NYPD after a police officer restrained him and ejected him from Yankee Stadium because he tried to go to the bathroom during the singing of "God Bless America" during the 7th inning stretch:
The New York Civil Liberties Union on Wednesday filed a federal lawsuit against the Police Department on behalf of a Queens man who was ejected from the old Yankee Stadium last August after trying to use the bathroom during the playing of "God Bless America."The suit says the man, Bradford Campeau-Laurion, 30, of Astoria, Queens, was the victim of religious and political discrimination. The suit says he was forcibly restrained and ejected from the Bronx stadium on Aug. 26, after trying to walk past a police officer as the patriotic hymn was played.
Here are some details, from the man's account of what happened:
He got up and made his way down the aisle as "God Bless America" began playing. A police officer blocked his path and indicated that he could not leave during the song. Campeau-Laurion explained that he needed to use the restroom and was not concerned about "God Bless America." Then he attempted to walk past the officer.Before Campeau-Laurion could take a step, the police officer grabbed his right arm and twisted it behind his back. A second officer twisted Campeau-Laurion's left arm behind his back, and the two officers then marched him down several ramps to the stadium's exit with his arms pinned behind his back. The officers refused to ease their grip, even though Campeau-Laurion was not resisting them.
The encounter ended with one of the officers telling Campeau-Laurion to leave the country if he didn't like it.
The NYPD claims he was drunk and disorderly and that's why he was thrown out.
Politics
Comments
Normally I'd be all for protecting individual rights, but Freedom of Going to the Bathroom during a Traditional* God-invoking, Country-loving Anthem - where is that in the Bill of Rights?
*It's been tradition for over 7 years I believe.
Posted by: Odie | May 11, 2009 9:16 AM
It's things like this that so many people dislike the police. If a private citizen took the exact same action he could be arrested for assault and battery. The irony of 55,000+ people singing about the wonders of democracy while one person is denied his civil rights is apparently lost on these shitheads.
Posted by: democommie | May 11, 2009 9:18 AM
Hmmm. I sense a whole lot of stupid on both sides. I've no doubt an overzealous cop could take offense to someone not honoring the song, and be harsh about it. I've also little doubt that the dude could have been lit and responded to the cop's zealousness in a drunk and disorderly manner.
I predict...nothing comes of this.
Posted by: Ranson | May 11, 2009 9:19 AM
My childhood babysitter had a saying: "If it's not in your hands, you can't hold it." No matter how patriotic you are, sometimes you just don't have complete control over the timing of things like that. Would that police officer prefer that people just make a mess at their seat?
Posted by: catgirl | May 11, 2009 9:20 AM
Oh, I forgot:
"The NYPD claims he was drunk and disorderly and that's why he was thrown out."
So, he was given a field sobriety test, took a breathalyzer, was arrested and had to appear in front of a judge? No? He was simply removed from a stadium and put on the street where he was free to get into some other mischief like DWI? Wouldn't that sorta be dereliction of duty on the part of the NYPD?
Posted by: democommie | May 11, 2009 9:21 AM
The NYPD claims he was drunk and disorderly and that's why he was thrown out.
Since the authorities apparently didn't take a blood sample (or even administer the much maligned breathalyzer test), they may be hard put to prove this.
Posted by: SLC | May 11, 2009 9:21 AM
No, that was Shea Stadium.
How is this story in any sense "religious," Ed?
Posted by: kehrsam | May 11, 2009 10:05 AM
Posted by: WScott | May 11, 2009 10:14 AM
He should have pissed on the PIG!
Posted by: Mother Funker | May 11, 2009 10:16 AM
He should have pissed on the PIG!
Posted by: Mother Funker | May 11, 2009 10:16 AM
Mother Funker - "Mock not the boar in his lair." - DJ
Posted by: DingoJack | May 11, 2009 10:19 AM
WScott, since the playing of God Bless America would presumably take place just prior to the game starting, it's quite possible the guy hadn't yet had time to get drunk.
Given how easy it is for cops to use drunk and disorderly as a post-hoc rationalization, I'm not sure Occam's razor slices the way you want it to.
Posted by: James Hanley | May 11, 2009 10:40 AM
That cop must have thought the religious right (Bush) was still in power.
Posted by: Rodney | May 11, 2009 10:45 AM
James Hanley:
The article says it was the 7th inning stretch.
I'm inclined to believe that, if things happened the way the article describes, it was a bad egg in the NYPD, not anything systemic.
Posted by: Benjamin Geiger | May 11, 2009 10:46 AM
James - The post indicates the song was being played during the 7th inning stretch.
WScott - democommie makes a good point. If the guy was drunk he should have been arrested, not dumped onto the street.
Posted by: Taz | May 11, 2009 10:49 AM
James - I'm no baseball fan, but the 7th inning stretch doesn't sound like the beginning of a game to me.
As to being drunk, unless the cops have a verifiable blood sample with a solid chain of custody, the cops aren't going to be able to prove their assertion. Plus, if he were drunk and they knew it, why did they put him outside where further crimes and further damage could occur? Has the NYPD never heard of 'duty of care'? - DJ
Posted by: DingoJack | May 11, 2009 10:52 AM
WScott:
Exactly, yet most drunk and stupid people at major sporting events don't get grabbed by cops and tossed out. Why? Because most drunk and stupid people at major sporting events aren't confronted by an idiot cop enforcing a non-existent law. Do we have a reason to believe that, absent a confrontation from this cop, the guy would've done anything other than proceed on to the restroom and do his business? Nope.
Posted by: Gretchen | May 11, 2009 11:01 AM
As I understand it, it has been common practice for several years for stadium security to force people to stay put during God Bless America, and this is not the first person to be treated in such a manner.
My position is that I stand for my national anthem, which is The Star Spangled Banner. God Bless America is just another show tune, as far as I'm concerned.
Posted by: xebecs | May 11, 2009 11:03 AM
kehrsam--
Posted by: Gretchen | May 11, 2009 11:03 AM
xebecs,
I don't stand for either of them, and nobody's ever tried to make me stay put for either of them. If they had, I would've reacted like this guy-- or at least how this guy says he reacted.
Posted by: Gretchen | May 11, 2009 11:09 AM
Pity, isn't it, that cops have earned a place as the biggest threat to our liberties most of us have? "To protect and serve" indeed.
We need a MAJOR overhaul of our law enforcement system, starting with firing every cop who behaves in the manner described here and so many other places elsewhere. They are there to enforce the laws, not make them up as they go, particularly the one that amounts to "it's against the law to annoy me".
Posted by: Science Avenger | May 11, 2009 11:53 AM
A classic he lied, she slurred situation. We will never know what really happened and this will go nowhere.
Posted by: Dr X | May 11, 2009 12:38 PM
OK, obviously I didn't read carefully. Mea culpa.
But singing God Bless America in the 7th inning stretch? That's so unpatriotic that everyone should have walked out to take a piss!
Posted by: James Hanley | May 11, 2009 1:02 PM
Posted by: WScott | May 11, 2009 1:49 PM
WScott:
Without knowing the particulars in NYC I'm thinking that a uniformed NYC police officer is acting under the color of authority, paid detail or no. As such, I think he's required to a.) obey the law himself and b.) detain anyone who might be deemed a risk to themselves or the public at large, due to being intoxicated. It doesn't mean he has to grab up every drunk. But I think it probably means he has to process the ones he does grab up--or not, at his peril.
I don't see the NYCLU getting involved in this absent what they feel are genuinely adjudicable issues. We'll see how it shakes out.
Posted by: democommie | May 11, 2009 2:20 PM
OK, I know I'm easily confused, but since when is "God bless America" a hymn?
The more general problem, of course, is that "making a cop think you're an asshole" is a crime subject to summary judgment in many circumstances. Between the abuse of that principle, such as it is, and the fact that a lot of people don't quite understand where they stand ("I'm your employer" is unlikely to win points) it creates friction. [takes tongue out of cheek]
Posted by: BaldApe | May 11, 2009 2:27 PM
But, I retreat from my previous comment a bit.
NY Times:
Posted by: Dr X | May 11, 2009 2:51 PM
My own opinion is that such bodily functions are completely outside your control. If I need to take a piss, it wouldn't matter whether God Bless America, The Star Spangled Banner, or a live interview with God Himself was being played - I would go take a piss. If I was confronted with an asshole of a cop who acted like this one allegedly did, my reaction would be to take my dick out and piss right in front of him. The cop would probably arrest me, but my defense would be that I attempted to urinate in the appropriate place - but was prevented from doing so by the arresting officer.
Hmm, true, we're only hearing, in detail, one side of the story, so it is possible that it is a distortion of what really happened, but, if it's not, the cop concerned should learn the simple fact that doing something he doesn't like isn't an offense under US law.
Posted by: Smidgy | May 11, 2009 2:54 PM
WScott,
No, I'm thinking that there's only one song that's appropriate for the seventh inning stretch, and while it's the most American of songs, it's neither the national anthem nor a hymn to America.
Note that Gretchen said "most" drunk and disorderly people don't get tossed, while you claimed that at most games someone gets tossed. The claim that one person per game gets tossed doesn't exactly rebut the claim that most don't.
Re: Dr. X's quote @27. Is anyone really surprised that after 9/11 the Yankees would have such a pseudo-patriotic rule? The terrorists win the pennant! The terrorists win the pennant!
Posted by: James Hanley | May 11, 2009 3:51 PM
If it's the same song I associate with the 7th inning stretch is an anthem of sorts and as far as it being a hymn, Jesus seems to approve.
Posted by: Abby Normal | May 11, 2009 4:18 PM
As to having to take a piss, I agree, if you gotta go you gotta go. OTOH, as a classroom teacher, I would encourage a bit of planning. Before you get in the car for an hour long drive, you take a piss whether you think you need to or not. If you don't you wind up having to stop on the way, which is more of an inconvenience than emptying a half-full bladder.
Posted by: BaldApe | May 11, 2009 4:49 PM
My only response to that would be
Fuck You
I wonder if any NY area groups (secularist, civil liberties advocates, etc.) would be interested in organizing a mass exodus during the 7th inning stretch?
Posted by: DaveL | May 11, 2009 5:14 PM
Odie:
Ninth amendment, Odie. It's the one that makes it clear that just because something isn't explicitly stated, that doesn't mean you don't have that right.
Posted by: Infophile | May 11, 2009 5:54 PM
"...but Freedom of Going to the Bathroom during a Traditional* God-invoking, Country-loving Anthem - where is that in the Bill of Rights?"
I would say it's a coercion of religious observation in a public venue, something that clearly violated individual First Amendment rights.
Posted by: Tyler DiPietro | May 11, 2009 8:31 PM
Abby,
What kind of un-American baseball haters are you Pennsylvanians? If you're not singing "Take Me Out to the Ballgame," the America haters win.
Posted by: James Hanley | May 11, 2009 9:37 PM
In Philly they drag you under the bleachers and you go before Judge Shamus McCafferty.
Posted by: carl | May 11, 2009 10:57 PM
The Yankees do, in fact, have a rule restricting fan movements during the playing of “God Bless America,” a rule enforced by ushers, stadium security guards and the police.
And here I was, something of a Yankees fan! :(
Posted by: Sadie Morrison | May 12, 2009 12:37 AM
Oh Good Lord. It's 3 damn minutes.
If I need to take a piss, it wouldn't matter whether God Bless America, The Star Spangled Banner, or a live interview with God Himself was being played - I would go take a piss.
Really? What if you had to wait in line? Would you just piss on the people in front of you? C'mon, there's discrimination, and there's pragmatism. The guy could have waited a couple of minutes. He could have gone 3 minutes earlier, if it was that much of an emergency.
Furthermore, he *wasn't* arrested. He was ejected. The police have have every right to enforce the rules of the business, such as a "we reserve the right to refuse service" kind of thing. If I own a business, and I don't like the way you are behaving, and being disruptive to other patrons, I can have you ejected. You may not be breaking the law, but I can have you forcibly removed from *my* place of business, as long as I am not discriminating simply on the basis of religious preference, sexual orientation, race, gender, etc. If you don't like those rules, then don't show up. I couldn't have you arrested at my whim; but that's not the issue - only that he was kicked out.
It's not like they were making the guy sing along - they just told him he couldn't go out for a few minutes.
Posted by: Loren Cress | May 12, 2009 2:12 AM
"If you don't like the rules, then don't show up."
FUCK THAT BULLSHIT!!
Are you telling me that I have to be a professing christian to be allowed to spend my hard earned money and go to a game.
Does that mean that I can be ejected from anyplace that decides that I am not christian (American) enough.
This isn't being sung to "honor America", as they say at Michigan Stadium. This is an attempt to publicly force us to profess. You're either with us or against us. This is nothing more than being given the choice between Freedom or America. I learned in school that it was both, but when given the choice, I choose Freedom.
Posted by: teammarty | May 12, 2009 2:51 AM
Alternatively, if a thousand people get up at the same time during "God Bless America", the Yankees can either try to kick them all out or else realize that they are, in fact, in the business of putting on baseball games for the public - not regulating displays of patriotism.
Time to get organized.
Posted by: DaveL | May 12, 2009 6:32 AM
The classic police tactic to discredit anyone they manhandle or overreact to is, "He/she appeared to be drunk." For that reason alone, I doubt it very much. And if someone is intoxicated but quietly navigating to the can where they can vomit in peace, why stop them?
Does anyone have a video, i.e. actual evidence of what happened?
Videos of police actions can be enlightening.
Posted by: Monado | May 12, 2009 7:11 AM
Monado:
If the Yankees won't let people drain the main vein during "God Bless America", what do you think their policy on video cams is likely to be? Of course there are always cellphones.
The Yankees are already dealing with a team that is not pulling its weight (if you think that how much a guy's paid should somewhow related to his onfield performance) and the unfortunate economic situation which has resulted in premium seats being empty, game after game, because people can'a afford them. Given that George Steinbrenner is a major league dick (and his son, Hank, is outhitting dad, in that regard) I suspect the Moment of Reverence policy came right off of his desk.
Give me Harry Karay and "Take Me Out To The Ballgame" anytime.
Posted by: democommie | May 12, 2009 7:37 AM
This just sounds like three jerks making a jerk sandwich. Axe me if I care.
Posted by: Mark | May 12, 2009 9:58 AM
I would take into consideration the fact that I wasn't the only person who had to take a piss - and I would therefore wait in line. A guy just standing there arbitrarily deciding I cannot take a piss at that particular time for no other reason that he says so is worthy of no consideration at all.
Why? Because the guy in the uniform said so?
He chose not to. I was under the impression there was certain freedoms that people had in the US. How much freedom do people really have when they can't choose when to something as simple as urinate in a public urinal?
True - although you may find you are unable to legally have me ejected for merely attempting to use the washroom you have in your premises that is supposed to be for the use of your customers, but I am not certain of that. However, it is certainly the case that, if I was physically manhandled in order to accomplish this, as this guy at least claims he was, that is technically assault - so it may be that YOU would be the one in trouble, not me.
Fine, as long as you have a very clear notice on the door of your premises that states exactly what the rules actually are. In this situation, the notice would include something like, 'although these premises have a customer washroom, we reserve the right to not permit you to use this washroom for any reason whatsoever - or none at all'. This lets the customer know exactly where he stands - and probably would make him pass right by your door and find a place run by less of an asshole.
No, they weren't making him sing along - but, more or less, telling him he wasn't permitted to do anything else whatsoever, even to the extent of not permitting him to carry out the essential function of emptying his bladder.
Posted by: Smidgy | May 12, 2009 6:25 PM
"The NYPD claims he was drunk and disorderly and that's why he was thrown out."
I know for a fact that you can be drunk and not be thrown out of a Yankee game. I've done it myself. If its drunk and disorderly, yes it happens but you have to be really disorderly to be ejected.
I'm inclined not to believe the cops on this one.
Posted by: Joseph O'Sullivan | May 12, 2009 8:00 PM
If the guy had really wanted to make a scene he could have pissed his pants (or crapped them), been the object of derision and been on camera when the producers directed some coverage that way. THEN he could sue the shit out of the police for "pain and suffering".
BTW, as far as the guy going to take a piss three minutes earlier; why not have a crawler on the jumbotron that says "5 minutes till the fat lady sings". Oh, wait, it's baseball--there is no time clock.
Posted by: democommie | May 12, 2009 9:12 PM