Artist Charged With Felony Under Illinois Statutes For Audio Recording His Arrest

From Mr. Drew's Web Page:
http://www.c-drew.com/blog/category/arts-policy-free-speech/

Chris Drew arrested December 2nd, 2009 for selling art in public.

An artist speaking out against an unconstitutional City law is arrested by Chicago Police. Police charge him with a 1st class felony (4-15 years in State prison) for audio-taping his own arrest and send him to Cook County Jail on a $20,000 bond. A car is stopped for traffic violations and the passenger audio-tapes the policeman. The audio recording is aired on the WGN website and written about in the Tribune. The officer is investigated. Why is an outspoken critic on a path to prison and another citizen not charged for the same action?

The Illinois Eavesdropping law is overly broad. It considers every conversation to be private unless everyone within ear shot consents to being audio-recorded, and raises the sentence from a 4th class felony for audio-recording anyone to a 1st class felony for recording a policeman in public while on duty. It is up to the police officers discretion to invoke this draconian charge. Or is it?

In the case of the passenger with her cell phone the officer acknowledged the cell phone and did not charge her with eavesdropping. Maybe he thought he would be nice and take the fall for her? In the artists case he was arrested for selling art in public, not for eavesdropping, but later charged with felony eavesdropping. The States Attorney had to signed off on his charge. What role did the artists history as an activist with the stated goal of making Chicago more friendly to artists play in his 1st class felony charge?

I am the artist charged above and I believe I am a test case to begin enforcing the eavesdropping law on you the public. If I am found guilty of a 1st class felony for eavesdropping on a policeman, many more citizens may be charged with this act. Why? What Chicago policeman will want to appear on WGN and be investigated when they could simply charge you with a 1st class felony for audio-recording their embarrassing moment on your cell phone? We need to change this law.

Christopher A. Drew
Executive Director
Uptown Multi-Cultural Art Center
Free Speech Artists Movement
umcac@art-teez.org
http://www.art-teez.org
http://www.c-drew.com/blog

TRIBUNE STORY: TRAFFIC STOP
http://www.chicagotribune.com/news/local/ct-met-police-racial-comments-201003...

HOW MY STORY WAS REPORTED
http://www.c-drew.com/blog/comments-on-suntimes-article-creative-felony/

Category:

News & Politics

Tags:

• Chris Drew
• Electronic Ease-dropping
• Illinois
• Felony
• cell phone felony
• cell phone law
• Chicago
• Police
• Art
• Peddling

[mba2ceo]

We need an UPDATE ...

[dogstar7]

@mba2ceo Yes, I agree.

Chis has been diagnosed with lung cancer. The trail has been placed in recess indefinitely until he is well enough to return. I'll try to sit with him soon, if he's feeling up to it. Thanks for asking

[biorgymd]

I have a question? So can we assume that it would be illegal to video tape and record a political rally? Let’s say Obama’s Presidential Victory speech, how many people where there in Chicago in Grant Park with video cameras recording his speech. I’m sure it was in the thousands, just YouTube it. If this man is arrested for such, then all the people who recorded Obama’s Presidential Victory Speech should be arrested as well.

[dogstar7]

@biorgymd

If this is a serious question, the answer is that they can all bring charges, if they care to. As the state law stands, they certainly could. It's obvious that the trial judge would exercise his discretion and toss such a case out. That's one of the problems; arbitrary prosecution

[biorgymd]

@dogstar7 This is very scary, actually horrifying. This is very scary, actually horrifying. Was this on the news there in Chicago? Are the people aware of this? How is this man? I read he had cancer, are they going to convict him?

[dogstar7]

@biorgymd

Yes, Chris is undergoing chemo right now. His trial has been postponed, but he is still under indictment. There are others now in state penitentiary as we speak

[lovemychaingun]

OMG - a common artist attempting to scratch out a living using our capitalist system in a logical and just way!? FOR SHAME! Cage the peasant! He hasn't any oil or military; we shall make an example of him, that others might well learn their place!

[Rockgod2099]

Wow, CPD acting ridiculous again. Good luck fighting this bogus charge.

[OooHesGood]

FUCK THE GOVERNMENT & THE PIGS, they steal our rights and our power, they steal our money to build a military they use to steal oil and when we try and fight back they will turn OUR military against us and call is Marshall LAW... They will all pay the price when God lays down judgement!!!

[hipnoticed]

@TheFloydsta its not the government they are just puppets

[YuLost2X]

so what if u tell the officer that your video and audio recording? Is it still illegal or?