A strange confrontation broke out and, abruptly, ended Sunday, involving a San Francisco park ranger and a group of bike mechanics doing free work on JFK Drive and donating all tips to abortion-rights charities.
Members of the group Tune-Ups For a Cause tell Mission Local that San Francisco park rangers told them that, if their colleague Roger Horn showed up, they should expect extreme scrutiny. And that happened.
Both the bike mechanics and passers-by took issue with Horn’s demeanor; eyewitness Olivia Ware said his behavior was “super gnarly, not professional and the worst stereotype of a cop.”
She said she heard him clearly speak into his communication device that he had called the police department to put the man he identified as “the leader” of the bike mechanics “into a mental institution or jail.”
At issue was that one mechanic, Joey Shemuel, declined to give Horn an ID when asked for it — and that his group did not have the necessary permitting. It’s not clear if Horn approached Shemuel because of his group’s focus on bikes or abortion rights, but Shemuel says he did not notice other vendors being approached by rangers for IDs or permits.
Shemuel and others on-site say that Horn indicated to them that this refusal to produce an ID was what led to him moving to write them a citation.
If so, that would be odd: Rangers are code-enforcement officers, so they can ask members of the public for an ID. But they are not law-enforcement officers, meaning that members of the public are not required to provide that ID.
“You can’t impose your will on people,” confirmed former ranger Mike Horan. “People don’t have to give their identification to a sworn officer on the streets unless they can show probable cause. And that’s law enforcement. Rangers are not law enforcement.”
Shemuel admitted to Mission Local that his group does not have a permit. But he provided an email chain indicating efforts to obtain one, and said that the Recreation and Parks Department permitting office has failed to return his inquiries since August.
“The permitting office could’ve responded, and I could’ve been expected to follow whatever procedures they set, “Shemuel said. “Or, in the absence of a response, my good-faith effort should’ve been taken into account.”
Video captures Horn lecturing Shemuel on the necessity of providing an ID and getting permits as Shemuel packs up his equipment in preparation to leave.
As the confrontation was ongoing, Mission Local called Recreation and Parks spokeswoman Tamara Barak Aparton for comment. Aparton then called Chief Park Ranger David Murphy.
Murphy today confirmed that he phoned Horn on the scene on Sunday and “de-escalated” it: “Everything is back to quasi-normal. As normal as Golden Gate Park can be.”
The Chief Ranger said he asked his deputy, “‘Do we really want to move forward with this?’ We came to the conclusion that these guys are breaking down their bike stands and packing up their stuff. They’re complying. We don’t need to push this any further.”
Murphy told Mission Local that he is happy to provide what assistance he can in getting the bike mechanics their proper permits and situating them in a more appropriate location, and urged them to contact him. Shemuel said he appreciated the gesture and will take Murphy up on the offer.
“Hindsight being 20/20, we probably should’ve just offered to work with them on this on Monday and getting them the permits they need,” Murphy said. “Did we handle this perfectly? No. Can we use this as a learning tool? Absolutely.”
Murphy said he has not yet fully reviewed Horn’s bodycam footage and cannot speak to the appropriateness of his behavior.
Shemuel said he’ll renew his quest for permitting today. “My guess is, because of the calls that were made, maybe this will sort of percolate down into the permitting office,” he said. “We weren’t blocking traffic. We didn’t have amplified sound. We’re just raising money for charity.”
Over recent years, the number of San Francisco Recreation and Parks Department Park Rangers has grew exponentially despite budget deficits and the failure of its initial mission to descrease mischievous acts of vandalism and graffiti on park properties. The department initially employed less than 10 full time park rangers supplemented by part time as needed positions, but currently employs more than 50 full time permanent park rangers with full benefits. Despite the staffing increase and higher cost to employ these park rangers, cases of vandalism and graffiti soar through the record. It shows that these park rangers do not prevent even the most minor acts of delinquency to lower clean up and repair cost, but just more employees on the San Francisco civil service payroll. The number of park rangers is totally unnecessary. To justify the existence of these extra park ranger positions and partially make up for their variable budget, they indiscriminately issue citations for the most trival matters. In addition, these park rangers are paid more and have less responsibilities than similar park ranger positions in surrounding counties and municipalities within a 25-mile distance. In Marin County, San Mateo County, and nearby cities such as Fremont, park rangers also have nature interpretation duties and/or park maintenance duties, but are paid unproportionally less for their work in comparison to San Francisco Park Rangers.↵Another very controversial matter is the requirement for event organizers to pay park ranger fees for permits to hold special events on park properties. This requirement means San Francisco Park Rangers can work security details at the special events and are paid the overtime rate by the department. This cost more to event organizers instead of having private security on site. Not only event organizers, San Francisco taxpayers also have to pay part of the overtime bill. San Francisco Park Rangers are also criticized for excessive and arbitrary enforcement of the San Francisco Park Code to drive up infraction citations, especially for merely being in the parks during night time. Instead of the focus to protect park properties, San Francisco Park Rangers are deployed to so called “hot spots” to issue more infraction citations. Most infraction citations have fines and generate more revenue for the department. Because most contacts in the parks are with the homeless community, park rangers disproportionately issue the most infraction citations to persons who are displaced, homeless, and many times, with mental health conditions. In the name of “well-being” checks and offering services, San Francisco Park Rangers harass transients and try to make them leave the parks.↵There are also credible sources alleging that a few San Francisco Park Rangers often acting outside the course and the scope of their duty and authority as park security and park code compliance. Recently, in the last few years, San Francisco Park Rangers have been increasingly intrusive and take advantage of people’s lack of awareness to infringe on people’s rights. Even though they are not law enforcement officers, they frequently try to detain people based on mere suspicion, even to the point of putting hands and handcuffs on individuals for no legitimate purposes. A few of these San Francisco Park Rangers are also unlawfully attempting to stop moving vehicles and unlawfully blocking parked vehicles from leaving the parks using their San Francisco Recreation and Parks Department park ranger vehicles. This is legally questionable, unsafe, and potentially a liability issue for San Francisco. Despite San Francisco Park Rangers are Not law enforcement officers, few of these San Francisco Park Rangers often try to intimate people to voluntarily provide their identification and that information is entered into their so-called unofficial “field-interview” contact database. Even though there is absolutely no need to get identification, they unnecessarily contact people to try to obtain identification documents from drivers even for minor parking violations. Multiple witnesses reported one ranger supervisor even used threatening language to try getting identification from a human rights demonstration activist.↵On at least one occasion, after unwelcomely calling an ambulance for an intoxicated person on the street, a San Francisco Park Ranger asked for identification from that person. Of course the person have the right to decline the identification request. One San Francisco Park Ranger even unnecessarily questioned whether a person is on probation or parole. At least one SF park ranger even try to unconstitutionally search people and property to the point of lifting the pants bottoms to check for angle monitors. Thus, there have been avoidable instances of San Francisco Park Rangers escalating incidents to require unnecessary responses from law enforcement officers. At times，San Francisco Park Rangers interfere with law enforcement officers when trying to provide unrequested and unnecessary assistance. ↵Few of these San Francisco Park Rangers unnecessarily dress their uniforms and carry excessive defensive gear for a militarized appearance like they are going to a war zone. At least two San Francisco Park Rangers even needlessly retain double-magzine holders on their duty belt when San Francisco Park Rangers do Not even carry firearms. Presumably, these particular San Francisco Park Rangers may want people to think they are armed when in fact they are Not armed. The lack of regulations on their uniform appearances, self-defensive gear, and unnecessary conduct are a grave concern for the community. There is also no independent regulatory office to review any complaints against San Francisco Park Rangers and holding park rangers accountable for misconduct. ↵On multiple occasions, especially during nighttime, these San Francisco Park Rangers opearating city non-emergency vehicles were observed speeding through public streets and violating multiple traffic laws.↵Presumably, they are probably trying to “chase” vehicles and intimate the drivers on and off park property. This conduct is very dangerous to the public. ↵Because many of these San Francisco Park Rangers often try to act like law enforcement, there have been many calls to significantly modify the uniforms, equipment, and vehicles of the San Francisco Park Rangers to resemble less like actual law enforcement officers to better fit and serve the community.↵To better reflect their duties and responsibilities, SF park rangers should use a more accurate job title designation of “park monitors”,”park service officers”, “park security” or “park code compliance officers”. Currently, SF park rangers appear too similar to the sheriff deputies. The full top and bottom olive-green uniforms of SF park rangers should be switched to light blue uniform shirts like the San Francisco parking control officers. To distinguish SF park rangers from law enforcement officers, the current star-shaped badges should Not be used and updated to more circular badges or shield-like badges.↵As the recreation centers and parks should be family, friendly, and community places for everyone, SF park rangers should Not have any weapons such as batons. Even though SF park rangers do Not have firearms, some of these park rangers with batons and wearing excessive militarized gear look like they are going to beat people up. Therefore, the batons and other gear are totally unnecessary for them to carry on duty. ↵To resemble less closely to law enforcement vehicles, the SF park ranger emblem on the vehicle doors should be modified to the official seal logo like all other City vehicles. To prevent abuse by individual SF park rangers, their overhead hazard lights should be amber color lenses matching their amber color lights. When park rangers vehicles have their white spot-lights turned on, other drivers instinctively yield to their way. As some park rangers inappropriately use the air horn sound and the PA to unlawfully tell drivers to get out their way, the use of these two extra equipment should be carefully reconsidered. ↵Lastly, SF park rangers should Not have police scanners inside their City vehicles. While monitoring police scanners, SF park rangers would listen to the 911 dispatcher broadcasting the calls to the police and recklessly drive to the reported incidents and even crime scenes. This is highly inappropriate, irrelevant to their job duties, and interfere with the work of emergency first responders. ↵If there are no changes soon, it will just be a matter of time before these park rangers get themselves hurt or even worst, hurting members of the public causing injuries or even fatalities.
If you refuse to I’d to a ranger you will be detained and sfpd will be called which will guarantee a citation. Sf rangers are not peace officers but are city law enforcement. And In the state of CA most park rangers are sworn peace officers
NO ID means NO citation!! San Francisco park rangers are certainly Not peace officers and absolutely Not law enforcement!! Their specific duties are securing recreation and parks facilities, security patrol, posting parking signs, placing and removing barricades, inspection of structures for maintenance issues and safety concerns, observing and reporting incidents to the emergency management department (911 dispatch) through their park call center, park code compliance, and other park-related duties that does not require law enforcement personnel. SF park rangers can only ask for ID, but can Not use any force to demand ID. It all depends on voluntary compliance. If a particular park ranger really want to waste the time of law enforcement and take attention from fighting crime just to get a ID from a person for a trival park code violation, he/she can try calling. That person does Not have to stay and wait though. If the person insist on leaving, the park rangers can Not do anything to stop the person. If the particular park ranger tries go hands-on, he/she is pushing it way too far and overstepping their authority and duties. The existence of these San Francisco park rangers is to Not escalate contacts to any use of force. This is why they are unsworn, unarmed, and uniformed. If SF really want tough law enforcement, they would have the sheriff deputies on park properties. To distinguish from true law enforcement, SF park rangers should revert back to their original title of “park patrol” or use the title “park security” instead. To avoid confusion and mistaken by the public and abuse by these park employees, the vehicles and uniforms of park rangers should be modified from resembling local law enforcement. The way a few park rangers dress their uniform appears too militarized, especially retaining double magazine holders on their belt without carrying a firearm. Impact weapons such as the baton should also be removed. Their uniforms should only be light blue color shirts, brown color jackets, brown color pants, etc. Right now, these park rangers resemble a lot like the sheriff deputies. As for their vehicles, their overhead hazard lights should be amber color lenses matching their amber color lights. The SF park ranger emblem on the vehicle doors should be modified to the official seal logo like all other City vehicles. If these SF park rangers continue to closely resemble law enforcement, they would act as such without any reservations. Despite the park rangers vehicles are non-emergency vehicles, they frequently speed and disobey traffic laws. Just a matter of time before these park rangers recklessness cause injuries or even worse, fatalities. Other drivers instinctively yield to their way when park rangers vehicles have their white spot-lights turned on. Sometimes park rangers would even inappropriately use the air horn sound and use the PA to unlawfully tell drivers to get out their way. Image if they appear and act like law enforcement but actually not law enforcement, they would become an easy target.
These Rangers don’t know what’s going on. They think they can do what ever they want. Theyist he stopped at all in costs.
Well, San Francisco Recreation and Parks Department park rangers are not law enforcement so they are Not allowed to use any force. They can ask for identification and/or information all they want, but they can not force anyone to actually give them any identification and/or information. In other words, they must have voluntary compliance to get identification/information. They must need identification documents and/or personal information to issue the citation for the alleged park code violation. If there is no citation, there is absolutely no need to identify except to compile personal information for unknown uses. Such an intolerable practice by these uniformed employees. People should realize not to voluntarily provide identification/personal information when asked. Their uniforms are meant to intimate people into compliance and do as they say. Just because they have on an uniform does not mean they will act on your best interest. Many times than not, it is the opposite. Theoretically, it is why there is the 4th, 5th, 6th, 8th, and 14th amendments that must be adhered by all government employees.
These San Francisco Park Rangers frequently acted outside their course of duties and their scope of code enforcement. They tried to “confiscate” people’s properties and holding it hostage until receipt of fine payment for allegedly violating a trivial SF Park Code. A few times already, SF Park Rangers were speeding through City streets violating multiple traffic laws (California Vehicle Code). The people demand that the uniforms, duty-belt equipment, and vehicles driven by these unsworn park rangers need to be significantly modified to appear less like actual law enforcement and be more community-friendly. Otherwise, we will just continue to see the excessive arbitrary enforcement, abuse of their position, and deception to deprive people’s rights.
There’s always one bad egg out of every dozen. A free bike fix it with a donations cup place in the park on a weekend bike day shouldn’t be illegal period. If your a local you know the park is full of bikes on these days. They close down the streets for the family weekend bike ride days. Why sho uh ld you even have to have a permit ? Stupid .It sounds like the upright officer is exactly that and if he wasn’t checking in other booths ,maybe he has a issue with abortions? But basically he sounds like he profiled these good guys for his own egotistical purposes. It sounds like they were profiled and discriminated against. Why not a go fund me directed at helping these guys cover their permits like nice people should?
I can’t believe nobody mentioned ‘Farva’ yet
The underlying principle applies wherever you go — small town in the Deep South or San Francisco. Some people simply should not be given authority over others, and too many of them wear uniforms. In fact, many cops and other uniformed “officers” could not attain a position responsibility over others in ANY OTHER WAY.
Facism, coming soon to a town near you.
I witnessed this interaction as it was happening (and my brake pads were being cleaned). This officer was rude and aggressive. These folks have been out here about once a month since the Dobbs decision came down, raising money for abortion access funds and helping the community. They weren’t selling anything, accepting any $$ personally, or even promoting their services elsewhere. We as a society have to acknowledge that when the rules are unjust or broken, it’s okay to bend them when it’s not hurting anyone and for the better of society. If these had been girl scouts selling cookies they 100% wouldn’t have been harassed. Anyone who has tried to access the permit system for an event knows how burdensome and archaic it is for folks that don’t have political power to grease the wheels (bike pun unintended). I’d give Food Not Bombs, the Dyke March, the corner of Castro & 18th Street, and many other unpermitted events as examples of the best of San Francisco. Kudos to these guys for finding a way to make a difference in the world.
SF Park and Recs is the worst, full of brats who manage our parks like corrupt HOAs. We should clean house and gut these worthless pricks’ jobs and retirement from the city payroll. We pay top dollar for our parks, to be mismanaged by little Caesar cops who take enormous bribes from huge disruptive events while making the park largely inaccessible small non profit event organizers like this. This corrupt cop is claiming to be enforcing a lack of a permit, when in reality the permit requirement for a free or small low impact event are designed to be accessible. Fire the entire park and Recs dept and restructure the corrupt mismanagement that leads to useless wastes of money like this cop ranger.
Mayoral appointees……..not elected. Unaccountable to San Franciscans and local people. Who oversees this abusiveand bullying behavior? How much tax payers pay the park rangers?
For Heaven’s sake. This is San Francisco. Aggro rangers harassing perfectly lovely folks raising money for a cause most San Franciscans believe in. What a silly flexing of testosterone signifying nothing. Get your shit together Park & Rec. This enforcement would be best spent on a holes on Escooters and Ebikes who menace folks strolling on our public sidewalks. Do better. Come on.
Um,.the officer needs to be informed
of the fact that laws do not apply to bicyclists.
He had to abort his mission?
Correction: a sworn officer only needs reasonable suspicion, not fully probable cause, to compel a detainee to identify him/herself.
Reasonable suspicion of what? Fixing bikes for free?
C’mon, man.
The premise of the headline is purposefully misleading. It should read:
ILLEGAL BUSINESS SET UP IN GOLDEN GATE PARK.
ORGANIZER GETS PISSED WHEN ADVISED HE HAS TO HAVE A PERMIT,
AFTER TRYING TO USE ABORTION RIGHTS DONATIONS AS AN EXCUSE.
Shame on you, Mr. Eskanazi. This is yellow journalism.
One can’t just set up a business in an SF park, even if your cause is ” righteous “,
and then declare the situation unfair when called to account.
Organizer Shemuel states,
“We weren’t blocking traffic. We didn’t have amplified sound. We’re just raising money for charity.”
This is not justification for ignoring regulations that keep the parks running smoothly. If everyone followed Shemuel’s logic, The parks would be teaming with
businesses claiming to be working for good causes, and I believe nobody wants that.
Emma —
Thanks for reading. My free advice to you is to please stop typing with your face.
Best,
JE
Off topic but do Muni citation employees have the right to demand ID? None of them seem like actual law enforcement to me nor do they seem to have any legal power.
In CA, arrest powers can be granted to enforcement officers by an agency, but the offense has to amount to a misdemeanor. As far as I can tell, Horn isn’t granted that authority by the city and Shemuel’s offense didn’t amount to a misdemeanor (for a LEO, it doesnt have to amount to a misdemeanor, merely a “crime or public offense”)
Muni fare inspectors aren’t granted arrest authority, and as such do not have qualified immunity; that precludes your question. There is nothing muni inspectors can do without risking a large civil suit except call the police.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=836.5.
Looks like the call came in the nick of time, ha.
Good on Shemuel for refusing to ID. A slight correction for former Ranger Horan: it’s “reasonable articulable suspicion” that is needed for a cop to compel ID. “Probable cause” is what is needed to effectuate a charge.
What needs to be understood here is that there is a Park code in which the park rangers enforce. If you don’t have a permit, that’s an enforceable infraction to which you can (Officer discretion) be issued citation. Just because permits didn’t get back to you doesn’t mean you can just set up shop. This is what’s wrong with San Franciscans. Pure entitlement! Park rangers are only doing their jobs. So let them. And please stop having Mr. Horan provide information on the rangers abilities and duties. Seems like a disgruntled previous employee. I’ve read multiple article on Park ranger and this guys has absolutely nothing positive to say. Chief Murphy sounds more like a credible source and guy to get your information from and he was so fourth coming with the details of the incident. I see Park rangers everyday when I jog through JFK and they do a great job. Very polite and approachable. Instead of bashing them, find out what those park codes are and abide by them or you’ll see a different side of those Park rangers. Simple enough.
What needs to be understood is SELECTIVE enforcement. Park rent-a-cops should not have the discretion to harass one group and ignore others. Either enforce the regs equally or not at all.
100% agree.
SF is amazing for all of its rootsy programs, pop-ups and vendoring (for the most part) but it doesn’t mean you’re entitled to set up shop wherever/whenever and shit on people for doing their jobs.
I didn’t realize threatening people with jail and mental institutions was part of the job description of a Park Ranger
Ahh yes, the good ol’ red herring argument.
I don’t think anyone should be belittled or accosted, but it doesn’t mean that anyone should feel entitled to do whatever they want and not expect any formal pushback or move-along from people whose responsibility it is to do just that. It’s all conjecture, but nothing gives me the indication that the bike-tune-pop-up was interested in being cool and packing it up without a bunch of BS either. Be cool. Be accountable. On all sides.
Not sure you read the article in full. They interacted with other Park Rangers prior to this, and were simply told that if Horn saw them, he’d come down on them. They were implicitly told by other Rangers that they were fine.
Hard to see this as entitlement. Even reviewing the SF Rec & Parks website and the Park Code, I can’t find anything discussing a permit needed for doing non-commercial services. There are permits for busking, “performing personal services” that specifically applies to “athletic instruction” (eg, tennis lessons), and there’s a permit requirement for selling/exchanging/bartering “goods, wares or merchandise.” None of this applies to tuning up bikes. I’d be honestly curious which permit Ranger Horn felt they needed, or what citation he was threatening them with.
This would also be considered first amendment political action, especially given that we’re literally voting on this issue in two weeks. If the City gov isn’t responding to an inquiry on this in a timely fashion in the run up to an election, it’s actually reasonable to continue. If participating in peaceful political activity is “entitlement,” then I’d like to think all Americans should be “entitled.”
@Jefferey Malone — the code is vague enough that parks & rec can enforce a permit. Any advertising (signage) or any “special set ups … other items” qualify.
https://sfrecpark.org/424/Special-Events
So looking further into where the “special event” things on that linked page, I did a quick through section 7 of the park code. Section 7.08 appears to pretty clearly say they did not need a permit.
The rules on signs only apply to affixing them to objects in the park. Yes, technically setting up even a folding table would require a permit, but that’d be a lot of birthday parties Officer Horn is somehow looking the other way on if he wants to be that literal.
Section 7.08 expresses there was no permit needed for soliciting for the cause, so good to go there. For signage, section 3.07 states “post or affix” and not simply “affix”; the visible folding sign in the pic here constitutes a posted sign. Section 7.03 says one cannot “station” a “stand,” which would be difficult to argue the pop-up was not.
Personally, I don’t think there is an argument to be made Ranger Horn acted outside his legal authority, but he was blustery and there happened to be someone there who had a string to pull. Is what it is.
https://archive.org/stream/gov.ca.sf.park/ca_sf_park_djvu.txt
Agreed, well spoken.