Preachers to take U. to court
· July 15, 2010, 2:43 am
Penn Police arrested evangelical missionaries Michael Marcavage and Ken Fleck for disorderly conduct outside the Masjid al Jamia Mosque at 4228 Walnut St.
Two evangelical Christian missionaries plan to file a federal suit against the University of Pennsylvania for what the missionaries said was an infringement upon their right to proselytize.
The case will be in response to the July 3 arrest of Michael Marcavage and Ken Fleck for disorderly conduct and obstruction of a highway by Penn Police. The men were preaching outside of the Masjid al Jamia mosque at 4228 Walnut Street. Both men pled not guilty. They will be tried in a Philadelphia municipal court on Aug. 10.
Division of Public Safety spokeswoman Stef Cella declined to comment because the criminal case remains active.
According to Marcavage, the arrests were unexpected considering that he and fellow evangelicals have preached in that same area many times before with no trouble.
According to Marcavage, a Penn bike policeman patrolling the area demanded that the men stop preaching in front of the mosque. When the men refused, Marcavage said, more Penn Police arrived on the scene on what he described as “a rampage.” He began filming the scene on his camera to use as evidence.
He claimed that Officer Nicole Michel assaulted him and forcibly shut off his camera. Marcavage called 911 because “the officer was out of control,” and began filming once more, at which point the police confiscated the device.
After being released from police custody, Marcavage said the camera was returned to him, with the footage of the event allegedly “destroyed” and replaced by a black recording dated to when Marcavage had already been apprehended.
“It clearly showed a frivolous arrest, and assault by an office, and a clear violation of civil rights,” Marcavage said.
“I am deeply concerned about the police making that video disappear,” Marcavage continued.
Marcavage is filing a federal injunction to protect the footage in order to utilize it in his civil suit against the University. He also said the footage has been subpoenaed by the judge involved in the criminal proceedings against him and Fleck.
According to Philadelphia criminal lawyer Patrick Artur, if police really did tamper with evidence, they did not have the right to do so.
“If [Macarvage and Fleck] can show that the excalputory evidence was destroyed by police,” they can expect a favorable verdict in the criminal case, Artur said, explaining that the people do have a right to preach in public.
However, given that Marcavage and Fleck were charged with disorderly conduct, Artur said the incident “ just seems to be one of these small things that escalated” into something larger.
SP News Editor Victor Gamez contributed reporting to this article.





Comments (6)
JW
July 15, 2010, 2:16 am
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This sounds like a clear case of Police misconduct compounded by tampering with evidence. The Police have absolutely no right to demand anyone not video tape them and seizure of said video is Prima Facie evidence of intent to suppress evidence.. This however brings us to a more dire situation, and that is the idea of Private Police departments. 76 years ago, Pennsylvania abolished the last vestiges of Private Justice for hire when they abolished the Anthracite Coal and Iron Police. The C&I; Police were Private police forces, empowered by the State, who worked for the Collieries and Steele mills of Pennsylvania. They were hired by, paid by & reported to the Mine and Mill owners and not the Government, but had the full authority of law. These Private Police forces were notorious for abuse and oppression of the workers at the direction of the owners (to include murder). The Pennsylvania State Police was created by Governor Pennypacker in 1905, at the encouragement of Philadelphia Militia Captain John Groome (who became the first Superintendant of the PSP), who had seen firsthand the abuses of the C&I; Police when he was on State Active Duty in Tamaqua, Pa during the Anthracite Coal Strike of 1902.. Even then, It still took 30 more years to abolish the C&I; Police.. Yet, 50 years later, in the mid 80’s, we saw a resurgence of the idea of Private Police forces; this time, not in the collieries, but on the college campuses. Police, Public or Private, are required to abide by the Constitution and the fourth amendment. They may legally only enforce those laws passed by the State legislature. However, you routinely see College Police forces enforcing College rules (Amount of beer allowed in a dorm room, public protest, etc.).. Once might say “So What?”, however, you must realize that when they are wearing a Badge that says “Police”, they are acting under the authority of the Government – therefore, they are enforcing Private rules with the power of the Government (even if it’s only by perception). Case in point, about 13 years ago, a student, and friend of mine, at a Philadelphia area University was arrested (cuffed and detained overnight) by the University’s Police for carrying a concealed firearm on the Campus in violation of the University’s “No weapons” policy despite the fact that no state law was broken, he was on a public street that ran through the campus and he had a license to carry firearms. The University planned to expel the student for the violation and even scheduled a disciplinary hearing until his attorney contacted the School and informed them of his intent to sue the school for “false imprisonment” and to file a criminal complaint against the Police Officer for “False Arrest” & “official oppression” because the Officer had arrested the student for violating a school policy, not a state law. The School promptly dropped the entire matter and pretended it never happened. There have also been cases where University Police have been dispatched to disrupt and disperse lawful, though unpopular, protests and speeches. Though a particular preacher may be unpopular among some members of the campus - isn’t it the role of a College campus to be a “free thought” zone where all viewpoints could be expressed? And if a particular preacher was truly disorderly, isn’t the Philadelphia Police Department (an agency independent of the whims of the College Administration) more than capable of dispersing or arresting the disorderly person? As schools become larger and more monolithic, their Private Police are becoming more and more the School Administration’s Political Correctness thugs– In effect, the modern day Coal & Iron Police.
mccann76
July 15, 2010, 10:04 am
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Just so people know, Michael Marcavage is not a preacher, he is a scam artist. he goes around protesting one thing or another, with huge vicious signs and bull horns trying to get a reaction from people, and when they do react, he films them and sues them to make money. He has sued the city countless times, and usually loses, and he has been sued a few times and he's lost those as well. The few times he has won, he's won money. There are PLENTY of true religious people out there that do so for their love and support of their religion, not to get attention and money. Don't pitty him!
gamalpha
July 15, 2010, 11:37 am
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I can't think of anything more despicable than slandering innocent people the way mccann76 did especially when they are victims of such outrageous behavior by the Penn police. Marcavage is a born again Christian who believed in what he was doing. Whether he is right in his beliefs that Islam leads people toward violence toward their fellow man and that Christianity leads them to love toward their fellow man is irrelevant, the Penn police had no right to infringe on his right to free speech or to destroy the video of the Penn Police's outrageous behavior toward him. JW should realize that police infringement of the rights of preaching Christians is widespread and is not just a case of a private police department enforcing University rules. Just this July Christians were arrested for handing out Bibles to Muslims in Michigan at a Muslim festival. There are plenty of places in the U.S. already where you can hear the Muslim call to prayer blasting through the streets. Why don't police arrest the Muslims who do that? Is it because they are scared of the Muslims?
penn65000
July 15, 2010, 4:35 pm
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1) If the Lord exists and is all-powerful, these folks wouldn't have to proselytize; 2) If the Lord exists, then the Lord decided they should be arrested.
So the Lord stifled their preaching. Halleluyah!
gamalpha
July 16, 2010, 5:38 am
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What if the Lord is not all powerful, what if such a concept is an impossible paradox. The Lord can't grant freedom and free will and at the same time control everyone and prevent evil, the Lord can't create a rock heavier than he or she can lift if the Lord is all powerful. All powerful is an impossibility. I don't know if there is a God or not but I do know the rights of these people were violated.
xixi
July 22, 2010, 11:59 pm
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