I volunteer an account of my experiences during a trip
to the meadowlands
track(a State owned and operated facility) on Jan 3
2004.
As I have done on a regular, consistent basis for
over 10 years and less regularly,off and on since
Roosevelt Raceway closed, I entered the meadowlands
track with my Sports Eye horse newspaper, a Big Gulp
drink and my binoculars. But, this time, for the first
time ever, I was stopped by the security guard with a
demand that I open my binoculars up. I asked him what
was the cause for this search, he did not state any
cause, he just demanded to search.I informed him that
the New Jersey State Constition prohibits search
without cause and notes a right to defend personal
liberty and property and that an Officer of the State
of New Jersey is responsible to adhere to the
Constitution of the State of New Jersey. The response
of the security guards which had gathered around me by
this time was "that is the way things are since 9/11".
My response was that their policy
lacks the basis to change the New Jersey Constitution,
it still exists.
Here reproduced is the text of the law:

NEW JERSEY STATE CONSTITUTION
ARTICLE I
RIGHTS AND PRIVILEGES
1. All persons are by nature free and independent, and
have certain natural and unalienable
rights, among which are those of enjoying and
defending life and liberty, of acquiring,
possessing, and protecting property, and of pursuing
and obtaining safety and happiness.

7. The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be
violated; and no warrant shall issue except
upon probable cause, supported by oath or affirmation,
and particularly describing the place
to be searched and the papers and things to be seized.


ARTICLE VII
PUBLIC OFFICERS AND EMPLOYEES
SECTION I
Every State officer, before entering upon the duties
of his office, shall take and subscribe an
oath or affirmation to support the Constitution of
this State and of the United States and to
perform the duties of his office faithfully,
impartially and justly to the best of his ability.


The security guards blocked my way towards the track
ground floor entrance and
called a man who I would guess to be about 5' 9" with
dark hair parted in the middle with aviator style
glasses and a medium blue jacket who said he was the
security manager. He then also blocked my way and
insisted that my binoculars be searched before I could
go on my way into the track. The person I was with
pulled my binoculars behind my back and opened them
for the security guards to clearly see, wishing that
the confrontation would then end, but even then, it
did not end.
I complained to this man in the blue jacket that his
search had no cause and I wished to proceed on my way,
and that the contents were already known but he
continued to block my way and said that if I touched
him while attempting to enter the track I would be
charged with assault and demanded an extensive search
of my binoculars to gain admission. No other patron of
the track is subjected to such
a search where it is demanded that personal effects be
thoroughly searched to gain admission, especially
when, at this point, the contents were already known
to the security guards!
Therefore, I jumped around him without touching him,
and entered the track, followed by track security. I
was looking for a safe place, so I decided to stay
with a crowd of people on the ground floor watching
simulcasting. When I was standing amoung that crowd I
was approached by a man I guess was about 5'5" tall
with balding hair who identified himself as a police
detective. I said I was glad
he was there because the guards were harassing me.
This man who indentified himself as a policeman asked
about me refusing to be searched and I informed him of
the New Jersey Law, and aked for the cause of the
search. This request then seemed to enrage him and he
then said I was under arrest. He then proceeded to
push me from behind across the premisis and he started
to strangely huff and puff with his breathing and
tried repeatedly to knock my Big Gulp cup from my hand
and pushed me eventually towards an elevator. As I was
thrust near the elevator entrance, I was able to
dispose the Big Gulp cup properly in a garbage can. As
soon as I was out of sight of the public in the
elevator , the police officer proceeded to push me on
to the wall of the elevator and twist my arms behind
my my back to inflict pain upon me. I am sure he would
have escalated his attack upon
me if it was not for the fact that the officer
realized that there was a member of the meadowlands
service staff on the elevator witnessing when I was
pushed in. At no point did I resist arrest or do
anything to cause such a response. I was then taken
below to the police office and was eventually charged
with "improper behavior". The arresting police officer
said that I was being arrested for being an "Asshole".
I was charged with something called
2c:33.2(maybe c or e, can't read summons copy) with
the sworn complaining witness Mike Fortino of
meadowlands security. I can not read the name of the
person administering the oath or the signature of the
person Issuing the summons from my copy. I was also
informed that I am now banned from all New Jersey
Sports Authority Events.
The person I was with informed me that she was
refused upon numerous requests, the names of the
people involved in this incident which she would need
in order to
file an accurate complaint, and was not allowed to
take the complaint form from the meadowlands office
because the previously described man in the medium
blue suit refused her one saying it could only be
filled out in their office. This man also refused,
upon request, to identify himself to her at the
meadowlands office. The security manager at the
meadowlands also told her that:
"We can search whoever and whatever we want whenever
we want"


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