Deputy sheriff got him some attitude - and a no-picture policy?

(Updated Monday afternoon with information from Dallas County Sheriff's Department)

After nearly two years of rolling videotape on Lower Greenville's gangbangers, hoochie-mamas, drunks, ho's and the usual assortment of human garbage, the phrase You can't take my picture does not mean a damn thing.

But when you hear a Dallas County Deputy Sheriff, working in front of an upscale gangbanger bar, order you not to use his image, you listen carefully and wonder, Did he miss the class on the First Amendment??

When a Sheriff's supervisor claims BD is harassing a hard-working officer on a legitimate off-duty assignment, you know it's time for someone to ask, What are you guys covering up??

Deputy Sheriff Michael Bailey...BD's got your image release right here!

The Sheriff's Department's Public Information Office replied to this story and our questions on Monday afternoon...

Deputy (Michael) Bailey does have a (off-duty work) card on file and is approved to work a part-time job at this location. We do not have any reason to believe at this time that the parking lot of this establishment is "off-limits" based on our policies and general orders.

Sheriff Department General Orders XV define a 'parking lot' as - An alcohol dispensing/consumption business parking lot is the area utilized for the parking of vehicles for persons patronizing an alcohol dispensing business. These lots are usually (but not limited to) the business' physical structure and owned or leased by the business. Monitoring traffic into and out of an business can also fall under the duties of an officer working a part-time job.

We monitor off-duty (part-time) work sites regularly to see that they remain in compliance with our policies. And we will continue to do so.

Deputy Bailey has been counseled about giving his name and badge number when asked.

For those new to BD, let's review a basic fact - Dallas Police Department General Orders do not allow DPD officers to work at bars in general, since it gives the impression of being hired thugs for the club owners. They can work a parking lot if it's not nearby (and one works the parking lots along Prospect Avenue for the valet service) but standing in front of a club is a big don't go there. Throw in the issues with DPD guarding clubs on Lowest Greenville that should not even be allowed to open their doors, and you see why the Chief keeps them out of the area (preferring to station 25 or more cops working comp-time on the street every weekend evening). Deputy constables have been working the restaurants north of Vickery for years, but they sit in the parking lots all night, ask what restaurant you are going to and direct you to the proper free parking lot.

In recent weeks, the opening of Encore on Sears (in the old Torch location) has shifted the dynamics of troublemakers around a little bit. The club is owned by a Dallas County Deputy Constable, and regularly has at least one or two other deputy constables working as club bouncers. They sit on the fence (literally) between the club and the adjacent parking lot (which is not part of the club's lease) waiting for trouble to come out, then load said troublemaker into a civilian version of a police car (all cranked up with bubble gum lights, pushbar and standard Texas plates), and dump his trash at the DPD command post on Alta. After signing a green sheet, they then return to the club, while DPD has to dump their garbage at Detox for them.

This same crew of deputy constables are not new to Lower Greenville. For months last year, they stood watch at clubs on Lowest Greenville, including last January when a patron was killed in the parking lot at Sekret's, south of Ross Avenue. It was no surprise to see them park their cars at Taco Cabana, then walk off the parking lot after telling the spotter they were working undercover on Greenville Avenue - in uniform (that was stopped faster than you can lying piece of uniformed garbage). Eventually they were given the boot at other clubs, mostly due to their high fees.

While BD was not surprised to see deputy constable's guarding their friend's bar, he was surprised last Friday evening to see a Dallas County Deputy Sheriff huddled on the fence with them last weekend. It's been years since they worked Greenville, and BD wanted his picture so he could send a request to the Sheriff's office, asking them to pull their officers off of Greenville. So BD goes up to said Deputy Sheriff, camera in hand, and asks for his name and badge number. Said officer is required by the Sheriff's Department to give up that information with a smile and a thank you (okay, we made up the thank you part).

Instead of the expected answer, mumbled but at least an answer, the officer immediately says he's not giving it to him. At this point, BD grabs the camera, which he had handy but not active and points it at the officer, asking one more time for his name and badge number. The officer shines his light into BD's camera and says - I don't need you videotaping me. BD's response is the usual rejoinder - If you have a problem being videotaped, maybe you should not be here.

BD grabs his cellphone and dials the first Sheriff's number his 411 app can find and speaks to a supervisor, who takes down all the information. That same day, he files an Open Records Request with the Sheriff's department, so he can get the name of the officer and his off-duty work card.

BD goes back out Saturday night - no more Deputy Attitude. By Monday afternoon, Sheriff Department staff is calling BD, saying they have no idea who this officer is, there is no work card, and they are unable to see enough of his face in the video to make an identification. It's Thursday night, still no deputy. By Friday, the Sheriff's people still have no information on this guy. The department staff is very clear - They just fired 15 others for working at titty-bars without any authorization, and they want to know who this guy is just as bad as BD. Friday evening, and he's still not out there - maybe he got the word and quit?

Then Saturday night, it's showtime! He's working with one Deputy Constable (and no cranked up civilian police car). Without a camera in his hand, BD walks up to the Deputy, gets right in front of him and shines his light on the nameplate and badge, while asking for his badge number (it's really tiny on the badge). The officer stands his ground and says, I don't appreciate you getting into my business. BD replies - And I really don't care what you think. This time, BD gets the nameplate in view - it's very scuffed up - and sees the name Bailey. BD repeats the name a few times and asks if the officer has a work card on file at the office, and the officer says Yeah, and you can call my supervisor (without naming him).

Update Monday morning - the full name of the officer is Deputy Sheriff Michael Bailey.

BD leaves, but comes back later and gets a quick video grab of the officer gabbing on the phone walking through the parking lot, not a great shot however. During the rest of the evening, the officer is standing in the parking lot and not in front of the bar - which makes no sense since the club has no legal responsibility or lease for the parking spaces (they have dibs on 42 spaces for code requirements and staff, but earn no income on them).

At closing time, BD is back at the club watching Deputy Attitude directing traffic in the parking lot. While rolling tape, the officer walks up to BD and says, You can't use my image at all, just want you to know that, that's what I am telling you. BD replies, What gives you the right to tell me that? Instead of an answer, he's told to stand out of the driveway.

BD goes home, grabs a bag of gummi-bars (hey, you have your comfort food and I have mine!) and calls the Sheriff's Department while editing the video. A few minutes later, Sgt. Schumer (sp?) calls back and confirms something we thought was just a rumor: After BD's call last weekend, he and another deputy came out to Lowest Greenville in order to determine who this officer was. After BD's shock passes, I asked why there was no record for the Sheriff's media rep about this visit and he says - She is not my supervisor and I do not have to report to her or you what I do. I told my lieutenant.

Yeah, this is going downhill again.

Okay, I granted he did not have to tell anyone but his supervisor what he did - maybe. So I explained what happened this evening and asked, Is there any reason you can tell me - that he is working undercover somewhere else - that I should not post his image?

He said, In the future he might be working undercover. BD replied, Yes, and so could any DPD officer working Lowest Greenville right now. It's such a cool career option, even the phony undercover officers are working Lowest Greenville!

Sgt Schumer - in what has to be the best police officer hissy fit answer possible - says, What is your question? You were out there harassing this officer and slandering him, why are you doing this ?? Answer: Maybe the public has a problem with deputy constables and deputy sheriffs working where DPD officers can't even work due to the issues and I wanted to have his name so I could file an appropriate complaint.

At that point, he said, So what do you want me to tell you? Answer - Not a damn thing, thank you.

BD can already figure out it's CYA time on Lowest Greenville. All the other so-called entertainment districts - Henderson, Deep Ellum, Addison - are slowly picking up business without letting gangbanger trash into their clubs and restaurants (as if these pre-Neanderthals could figure out how to sit down and eat a meal that did not come in a white bag out of a clown's mouth). DPD general orders (can't find the specific part yet) do not allow officers to own bars, we are told. Dallas County Constables make up their own rules as they go along. Just look at the issues with improperly towed cars and bogus out of county registration plates being investigated by the County Commissioners.

We just wish they would take their business - and human garbage - back to their own precinct headquarters and off of Lowest Greenville. The bad bars south of Richmond are in death spiral, we just don't need guys with tin badges protecting the bad guys.

By Avi S. Adelman under Public safety , Legal issues