ALLENTOWN, Pa., July 23, 2025 — In a bizarre scene, a police officer in Allentown, Pennsylvania, drove his patrol cruiser down a sidewalk at a man who was protesting police misconduct by filming outside a police station.
Today the Foundation for Individual Rights and Expression filed a lawsuit defending Phil Rishel’s rights to film and criticize police activity in public spaces — behavior that is protected by the First Amendment — without being assaulted or retaliated against for doing so.
“The retaliation over my speech confirms that there is a huge issue with the culture of the Allentown Police Department,” said Phil. “These officers have a disdain for the rights of the people they’re sworn to protect — and I hope my lawsuit changes things for the better.”
Since 2015, the City of Allentown, Pennsylvania, has paid at least $2 million related to claims of police misconduct. In 2023, Phil began protesting in Allentown by non-disruptively recording police activity while standing on public sidewalks outside local police precincts.
COURTESY PHOTOS OF PHIL RISHEL
On March 26, 2024, Phil went to the Hamilton Street police station, where he stood on a public sidewalk and recorded what he could see in plain view. Approximately 15 minutes after he arrived, an officer approached him and briefly paused while looking at a “No Trespassing” sign. Phil responded, “Yeah, that’s a nice sign. Too bad it doesn’t apply to the public sidewalk.” The officer then silently walked away from Phil into the depths of the garage and up a vehicle ramp. Phil called out after him about his disregard of a sign next to the ramp that read: “PEDESTRIANS MUST USE STAIRS ONLY.”
About 10 minutes later, the officer drove his patrol car out of the garage and sharply turned onto the sidewalk towards Phil while blaring the siren. The officer pursued him down the sidewalk, even driving around a lamppost in his way and back onto the sidewalk to chase Phil. The officer then exited the car, went into the office, and emerged with a police sergeant. They accused Phil of loitering and banned him from the public sidewalk under threat of arrest.
The next day, Phil returned to the same public sidewalk outside the Hamilton Street station’s parking garage and picked up where he left off, recording police activity in plain view. The same sergeant threatened to arrest him for returning and told him that filming the police “is not a First Amendment right,” while also claiming that Phil’s profanity the previous day constituted disorderly conduct. Ultimately, he charged Phil with disorderly conduct and loitering via a criminal citation sent in the mail.
At the hearing on the criminal charge, the sergeant testified that Phil was in an area closed for construction and blocked pedestrian traffic and the parking garage entrance, but none of this was true, as shown by the video Phil took that day. Based on the sergeant’s testimony, the court found Phil guilty on the loitering charge, although the conviction was reversed on appeal. The disorderly conduct charge was dismissed by the lower court based on longstanding Pennsylvania case law.
The First Amendment protects citizens’ right to film police officers and their activities. It also protects individuals who verbally criticize police and their actions, even by cursing or using profane language.
FIRE’s lawsuit seeks to enforce these established constitutional rights for Phil and other Allentown citizens. The complaint seeks a declaration that the Allentown police violated First Amendment rights, an injunction against the City of Allentown for failing to provide adequate training to its police officers about protecting and respecting First Amendment rights, and an award of damages to Phil for the treatment he received.
“Citizens trying to hold police officers accountable should not be punished,” said FIRE attorney Zach Silver. “Public officials, including police officers, must uphold the law and respect citizens’ right to record police and to use harsh language, not bully them into silence.”
The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought—the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.
CONTACT
Katie Stalcup, Communications Campaign Manager, FIRE: 215-717-3473; [email protected]
