CITIZEN PRIME HANGS UP THE CAPE

Photo from MySpace

Citizen Prime, of Salt Lake City, is pretty famous for his full body metallic suit, which is kind of medieval mixed with Robocop. It is widely reported that the suit cost added up to 4,000 bucks.

He recently reported on his MYSPACE that he is hanging up his cape and calling it a day, citing a need to be more involved with his family.

The only thing puzzling about this announcement is that Prime, with his photogenic suit, has been on a media bulldozer blitz since 2007, a full court press that has garnered him, I would hazard a safe guess, more media coverage than any other RLSH.

The eclectic stack of media appearances begins with his initial audition for the Stan Lee reality bonanza Who Wants to be a Superhero?. Local press picked up the story in Phoenix magazine and the local news, which in turn was picked up by tech mag Wired.

The London Times, the National Enquirer, and even weird news/kinky sex mag Bizarre, all ran stories that featured Prime and his photo.

He also made TV appearances on Geraldo At Large, the CBS Early Show, and a pretty long segment on the G4 Channel show G4 Underground with Morgan Webb. And that isn’t a complete list!

According to a write up at Reallifesuperheroes.org, Citizen Prime “was one of the original founders of Reallifesuperheroes.org as well as the short live super-group the Worldwide Heroes Organization. He also founded Kid Heroes, a group dedicated to educating kids on personal empowerment and taking action in emergency situations.”

Prime’s strategy as a RLSH was to be open and involved with the community and to establish community programs. Here’s an excerpt from an article on zimbio.com:

A financial executive by day, Citizen Prime dons his $4,000 costume, which includes custom-made breast plate armor, and patrols the streets. Citizen Prime separates himself from other neighborhood watch style "superheroes" by distributing literature on how to help in the community and making appearances to talk to children about drugs and crime.

While Citizen Prime has said he respects the work of other superheroes, like the Black Monday Society in Salt Lake City, he takes a different approach by focusing on community involvement. He says the most useful tool at his disposal is a keen sense of humor for diffusing awkward situations.

THE WATCHMAN SPEAKS TO RIVERWEST

The Watchman (right) with Blackbird in Bay View

The Watchman has gotten responses from at least a couple people from Riverwest, wondering how they might be able to offer assistance. If you'd like to read more about The Watchman and Riverwest, I blogged about it quite a bit, and a good starting point is HERE. What Watchman is suggesting is perfectly legal, unarmed citizen foot patrols.

This is not a new concept to Riverwest. You can read two brief articles at the Riverwest Currents HERE. The first is written by the Currents editor and is on a group called the Riverwest Walkers. I’m not sure if they’re still active, but I’ll find out.

The second article is written by yours truly and is on a group I was part of, started by my awesome tough girl roller derby friends, the Brew City Bruisers. The Bruisers are no less than a team of superheroes in my opinion.
Watchman would like to see people walk with him or in separate groups that will stay in contact with him (or possibly patrol by car or bike).

A second way people could participate is by hanging out on their porch(with the nice weather and all) and offering a “checkpoint.” Meaning you can be the watchman(or woman) of your block, and the foot patrols will swing by periodically to say “hi” and see what’s going on.

Lastly, people can help out by e-mailing The Watchman (or myself) with suggestions, ideas, or simply to talk about what is going on in the neighborhood.

The Watchman: wi.watchman@gmail.com
Tea Krulos: teakrulos@gmail.com

Here is some words from The Watchman himself:

“In discussing what we'd like to accomplish in Riverwest, I've brought up talking to people in the community. We want to speak with these people, and if people want to meet with me to find out what I'm all about and discuss what we can do together to better the community, I'm all for it.

There are a lot of things everyone can do to help. We are still in planning stages of how we want to take this on, and part of that is figuring who will be involved and to what capacity. To begin figuring out just what it is you could help with, I'd like to know a little more about you and what you might be interested in doing.

We then can figure out what would be best for you to do and coordinate that with the big picture. Tea and I have discussed meeting with people who are interested in helping and coming up with better ideas on how to proceed. We have not yet set a time, date, or place for such a meeting, but it will likely be an upcoming Saturday afternoon/evening in Riverwest.

Some general ideas range from just watching out for your neighbors and calling police if you see any type of criminal activity to doing coordinated patrols with us. Another idea being passed around is to have people providing checkpoints for us on patrols.

Any suggestions are welcome. We are very much open to hearing other people's ideas.”

POLICE and RLSH IN THE STREETS

[Part of Law and Lawlessness Week]

In comic books, superheroes have had a long, complicated history with the police. Perhaps one of the most famous of these relations is between Batman and Police Commissioner Gordon. In some depictions, like the campy '60's show, Gordon is very pro-Batman and relies on his help heavily. The bat-signal has become part of our popular lexicon, a universal word for putting out a call for help.

In other depictions, though, Gordon turns to Batman reluctantly and skeptically. He is unsure about teaming up with a mysterious vigilante dressed as a giant bat.

In real life, RLSH have had a mixture of experiences. Some, like Superhero and Thanatos, have had open communication with law enforcement. Captain Jackson was even endorsed by the Jackson, Michigan police department.

Others have had negative reactions.
Motor-Mouth, for instance, recalls in a blog post about how he and other California RLSH were on a patrol, when they encountered 5 San Francisco motorcycle police. They explained what they were doing and the officers called them "trekkies" and "losers."

I still have more work to do as far as interviewing and understanding law enforcement opinions, but I would like to share my experiences so far.

SEATTLE, WA

When I was in Seattle, I thought I should talk to the police department there. I had read two references about Seattle RLSH encounters with crime and police that I wanted to see if there was any record of.

The first involved the Black Knight. There is a lot that can be said of the Black Knight, but at this point I'm going to limit it to this incident and to mention that he retired his Black Knight persona and apparently related activities.

Anyway, I think just copying our e-mail exchange is all that's needed.

TEA KRULOS: "The first reference I have is from the Black Knight. In a blog entry, he says he was doing a solo patrol of downtown Seattle on May 16, 2009. Around 2AM he was walking toward the Seattle Aquarium. As he approached the intersection of Madison and 1st street, he saw what appeared to be two guys fighting each other. He decided to get involved and was attacked by the two men and two of the men's friends, being kicked in the face and ribs. He says a passerby called 911.

The second reference I have is from June 12, 2009. Mr. RavenBlade says in a blog that he, Black Knight, and White Baron were patrolling downtown Seattle when they encountered the Seattle PD, who warned them that walking around with masks on wasn't a good idea. I don't know if a report was filed."

POLICE SPOKESMAN MARK JAMIESON:“I have searched, but cannot locate any contact between Seattle officers and the superheroes Mr. RavenBlade or Black Knight. If the information in the first reference is correct, then I think it illustrates some of the dangers of attempting to insert yourself into a violent situation.

The best advice, one that we would tell anyone, would be 'Be a good witness.' If you see something such as a fight, call 911 and report it. Get a description of those involved, a direction of travel if they leave, etc. The fact that Black Knight involved himself in the middle of a fight and then was attacked himself should be a lesson.

I think the advice that the group was given by officers, if in fact it is true, is very good advice and should be heeded. One doesn’t need to wear a costume or mask to do the right thing. In fact, walking around in a mask will probably generate a lot of calls to 911. It is best to leave the crime fighting to the police.”

NEW BEDFORD, MA

Here's an excerpt from an article I wrote on Civitron and other New England RLSH. For the article I put in a call to the New Bedford Police Department to get a reaction.

"We prefer to be the only costumed crime fighters out there," says Lieutenant Jeffrey Silva, a police spokesman. He says the department is aware of real-life superheroes, but they have yet to cross paths with them.
"Although they might be well-intentioned, we don't endorse citizen patrols, because we don't know the level of training," says Silva. Even so, he concedes that any help to police is welcome.

"Anytime someone wants to get involved and help police, we see it as a good thing, so long as they don't work without police participation. We prefer people to be the eyes and ears of the police."
But what about the strange costumes?
"Well, fortunately, we're not the fashion police," states Silva.

MILWAUKEE, WI

I'm planning on speaking more with my local police department, including trying to arrange a ride along. While on patrol with Watchman and Blackbird we ran into Milwaukee Police Department officers. Here's my description of the police encounter...

Watchman is explaining how he has never been stopped by the police, when another squad crawls by slowly, then turns around and pulls up, parking on an angle near us.
“What’s with the masks?” A female officer asks out of her car window. She has a wary smile. Her partner, a gruff looking male, stares at us, frowning.
It seems like she thinks we are on a destination- maybe a late night costume party. When Watchman says we are just walking around, keeping an eye on things, both officers get out of the squad.
“I need you to take the masks off.” The male cop says.
“What- really?” Blackbird says.
“Yeah really. Masks off and I need to see IDs.” Something Watchman has told me many times, is that he will always cooperate with police. The two remove their masks, their hair messy. Blackbird is somewhat surprised that under the mask; Watchman is…[DESCRIPTIONS DELETED].

I go on to explain, that while the initial reaction was confusion, and possibly concern, after Watchman had a couple minutes to explain what was going on the officers eased up. Although I think the female officer was still confused she began to process that the guys weren't up to trouble, and ended our encounter with a "God bless ya, guys!" delivered in a thick Wisconsin accent.

Also- neither of those two officers had ever heard of "real life superheroes," despite Watchman being in Milwaukee magazine and FOX 6 News.

VANCOUVER, BC

Thanatos has been careful to work with the Vancouver Police Department instead of against them. He has told them in the past that he is handing evidence over to them, and as he told me this in his van, he showed me black plastic security folder that he uses to put evidence in.
On one of the nights I was in Vancouver, we decided to do a patrol of the downtown area, which was filled with drunken Canadians, half crazed about their victorious hockey teams. In a blog entry, I recall the scene only a half block into the patrol.

We head downtown, and almost immediately meet police officers on bicycles. They’re concerned because there was a recent appearance by an anarchist black bloc(1)who smashed window fronts in Vancouver in protest of the Olympics.
“I think it’s the wrong time to do this with masks. The crowd might get the wrong idea and if there’s drunk people, they might be a target themselves.” An officer tells me.
Thanatos and Motor-Mouth heed the officer’s advice and decide to do the patrol maskless.

Like the Milwaukee officers, I think they were initially confused and concerned about RLSH becoming targets themselves.

SAN DIEGO, CA

Mr. Xtreme of San Diego has tried to establish ties with his local law enforcement, but as the San Diego Union-Tribune reports, it's been a mixed bag for him:

Most police officers are uncomfortable with anonymous, masked characters walking neighborhoods carrying weapons.
Mr. Xtreme has tried to attend community meetings at the police station in the Mid City Division, but police asked him to leave when he refused to take off his mask, said San Diego police spokeswoman Mónica Muñoz.
“It didn't work out too well,” Mr. Xtreme admitted.
Police also are concerned that the superheroes are putting themselves at risk.
“What we're looking for is for the community to be our eyes and ears. If you see a crime, report it. Be a good witness,” said San Diego police Capt. Chris Ball. But “you shouldn't be carrying weapons and you shouldn't be confronting people.”

Source: "Homemade Heroes Offer Low Level Law Enforcement," by Kristina Davis, San Diego Union-Tribune, Jan. 17, 2009

LINKS
"Real life supervillain" Poop Knife has done two interviews with members of law enforcement about RLSHs in "Ask a Cop" Part 1 and Part 2. I don't know what his sources are. I'm not saying that he's fabricated anything, I just don't know what his sources are.

At the RLSH-Manual, Superhero has written advice for RLSHs dealing with police in an essay HERE.

WHAT ARE YOUR POLICE EXPERIENCES?

I'd like to end again with asking any RLSH (or similar) to share any encounters with the police you've had. What happened? How did it go?

FOOTNOTES
1. An anarchist black bloc is a group of individuals who all wear black ski masks and handkerchiefs to disguise their identity and show solidarity. Although some use non violent forms of protest, others (like the ones in Vancouver) use vandalism, property damage, and rioting as part of their demonstration.

HERO PROFILE #14: The Legend of Nostrum

[Part of Law & Lawlessness Week]

Location: Formerly New Orleans, last rumored to be heading north.

Battle wounds: Rumored to have lost vision in one eye due to an altercation with criminals.

Weapons: Rumored to be packing heat in addition to other weapons.

About his name: As posted on a website comments section in July 2007 by Nostrum himself:
“For your reference: Nostrum (NASH-trum): a scheme, theory, device, etc., esp. one to remedy social or political ills; panacea.”

Symbol: Nostrum’s symbol (as pictured), whether intentional or not, is very similar to the international squatter’s symbol.

Author's notes: Nostrum is the first (and probably) last person profiled who I haven’t actually contacted in person. Not that I haven’t tried- no reply to a message sent to his MySpace page, which hasn’t been logged into since December ’09. When I first started on the book last April, I e-mailed a couple of people who knew him.

“Nostrum has been MIA since early January. But he wasn't one who liked being interviewed much.” One person told me. This appears to be a true statement. The only write up I found on him was not based on an interview, but on info found in a publicly available profile at the outdated World Superhero Registry.

“Unfortunately, I haven't heard from Nostrum in some time. No one's been able to get in contact with him since the beginning of the year.” Another person e-mailed me.
Additionally, other people told me things that they heard, but not things that they knew as fact.

Therefore, I can’t report any facts. I can only report that I’ve heard he was one of the only people involved with this scene that carried a firearm.
I have also heard he had damage to one of his eyes following an altercation with criminals. I’ve heard this range from temporary blindness to actual loss of eye. There is also different speculation on where he is now and what he is doing.

Nostrum- real life superhero fact…or folklore?

WHY'D YOU HAVE TO SAY THAT "V" WORD?

[Part of Law and Lawlessness Week]

VIGILANTE! Throughout my writing, I’ve run into people anxious to duck the “V” word, the dreaded member of a volunteer committee organized to suppress and punish crime summarily (as when the processes of law are viewed as inadequate); also : a self appointed doer of justice-vigilantism.

In fact, soon after starting work on this book, I had a team of “costumed activists” tell me in an official statement they wanted to have nothing to do with the book. Why? They didn’t want to be trapped in between the same two book covers with the vigilantes. Their exact words: “guilt by association.”

When I asked RLSH in an interview form what they felt the biggest misconceptions about RLSHs were, a study of the results revealed “that we are vigilantes” was the number one answer. Many people have gone out of their way to distance themselves from the word with the press and when meeting the public.
Even Vigilante Spider told me, in so many words, that he wasn’t a vigilante! (Rather that he was a formerly, but not a currently.)

There are some who have adopted a persona who have some kind of ties with the RLSH (although they usually don't use the "RLSH" term) who do label themselves as vigilantes, but there's only a handful of them. Maybe 10? I haven't done my vigilante census yet.

So why do so many people react like it’s a hot potato? Well, some of the groups that have been associated with the word in the past haven’t set a great precedent.

VIGILANTES: OUR UGLY IN-LAWS
Top of the list would be the Ku Klux Klan, who began their terror filled night rides in 1865, beating and lynching, and burning crosses. They dressed in white hoods and sheets meant to symbolize fallen confederate soldiers. Although today the group numbers less than 6,000 members in sheets, the group had a very real reign of terror in the 1920’s, when membership was an estimated 6 million members.

The Wild West was sort of a “golden age” of vigilantes. With law enforcement few and far between, it was easy for people to decide to take the law into their own hands. These people were sick of having their livestock stolen, so groups like Stuart’s Stranglers of Montana, and the Tin Hat Brigade, of Texas, began hanging and shooting the thieves.
Other groups like the Anti Horse Thief Association (with a pretty straight forward motto: “protect the innocent; bring the guilty to justice.”) operated within legal means.

A Bald Knobber

A good vigilante cautionary tale is the story of the Bald Knobbers of Missouri. The Knobbers also wore masks- weird looking black ones with red and white patterns sewn around the eyes, nose, and mouth, and cork horns with tassels on top. From 1883-99 they rode out capturing and hanging horse thieves and murderers who had escaped the justice system. At first people supported the Bald Knobbers for protecting their property and safety.

The Bald Knobber’s power went to their head, though, and they began scaring and horsewhipping people they accused of immoral behavior; drunks, gamblers, unwed couples “living in sin,” people supporting a political candidate they didn’t like, and even people they simply considered “ornery.” Needless to say, the people got pretty pissed off with vigilantes telling them how to live their lives, so an anti-vigilante vigilante group formed (the Anti-Bald Knobbers) and the law cracked down on the Bald Knobbers as well, arresting 16 and hanging 4 of them.

Another bloody image of vigilantes is Central and South American death squads.
Los PEPES were a vigilante group, for example, who formed to try to take on and flush out Colombian drug czar Pablo Escobar. It’s likely they were funded and assisted by the Colombian and American governments. Eventually they did get to Escobar, but not before leaving a bloody trail killing many of Escobar’s associates, lawyers, and family members. It was like six degrees of separation, except everyone associated was being brutally murdered.

Somba Negra (“Black Shadow”) is a group of police and military that hunts down gangs and criminals in El Salvador. They cover their faces to hide their identity and shoot the criminals they catch in the back of the head.

OTHER GROUPS and PEOPLE ASSOCIATED WITH THE TERM
Perhaps the most famous case of the solo modern vigilante is Bernhard Goetz-the “Subway Vigilante.”
On Dec. 22, 1984, Goetz was approached by four young men from the Bronx, one of who demanded 5 dollars. Goetz pulled out a .38 special Smith and Wesson and shot all four men. All of them lived, but one was paralyzed for life. Goetz fled the scene, but turned himself into authorities later.

“You decide.” Goetz said about his guilt in his confession. “I became a vicious animal, and if you think that is so terrible, I just wish anyone could have been there in my place. Anyone who is going to judge me, fine, I was vicious. My intent was to kill ‘em, and... and you just decide what’s right and wrong.”


The case was controversial. Some people viewed Goetz as a racist who went out with his gun that night looking for trouble. Goetz also had many supporters, people sick of living in fear in their own city.
Time magazine reported at the time:
“When New York police set up a special hot line to seek evidence in the case, they were deluged with phone calls backing Goetz; many of the well-wishers suggested that he run for mayor or receive a medal.”

A wide variety of other groups are also known as “vigilantes.”
Groups like the Earth Liberation Front are labeled eco-terrorists, and some of their actions could be considered vigilante behavior. Same with the Sea Shepherd Conservation Society- despite their scholarly sounding name, this group actively attacks and sinks whaling and fishing vessels.

The Minuteman Project and Ranch Rescue are vigilante groups formed to patrol the U.S.-Mexico border to prevent and expel illegal immigrants.
One of the more famed “cyber-vigilante” groups is Perverted Justice, made famous by Dateline NBC‘s “To Catch a Predator” series. The group poses as minors on the internet to lure sexual predators out into a trap.

VIGILANTES- AMERICAN AS APPLE PIE?

Despite some ugly vigilantes in the past, and depending on your opinion, the present, I think one thing is clear; our culture loves vigilantes. It’s part of who we are.
Go back to the very beginning. What were the founding fathers, if not a crew of hard hitting vigilantes? The Boston Tea Party was a vigilante action, complete with the participants wearing disguises to conceal their identities.
Since then, our culture has embraced vigilantes as folk heroes.

Here’s a pop hit list of some of our beloved vigilantes:

Robin Hood- The original man in tights! Yes, I realize he’s actually British (first appearance: "Robin and the Monk," 1450) but he’s made the voyage across the pond pretty well. He’s been portrayed by Errol Flynn (1938), a cartoon fox (1973), a mullet sporting Kevin Costner (1991), and Russell Crowe (in a film to be released in May). See also: Zorro.

The Vigilante from Action Comics

The Wild, Wild West- As mentioned before, one of the great pieces of Americana is the legend of the West, the vigilante being forced to take the law into his own hands. We all know the set up; the quick drawing hero meets up with the villains that have been terrorizing the village on the dusty, tumbleweed littered street at high noon. The posse tracks down the cattle thieves and delivers frontier justice.
There’s a cowboy comic character that first appeared in Action Comics in 1941, simply named The Vigilante.
The Vigilante vowed to fight crime after his father, a Sheriff, was killed by a gang of bandits. He rode the plains of Wyoming, armed with a lariat and his sharpshooting skills, tracking down spies and banditos with help from his sidekick, “Stuff the Chinatown Kid”. There are many other examples of Western vigilantes. There’s even a Dallas indoor football league who has adopted the image, named The Dallas Vigilantes.

Batman demonstrates the dangers of vigilantism

Batman, Daredevil, The Crow, Green Arrow, and most every single comic book superhero- Justice League of Vigilantes.

The A*Team- Fool pitying vigilantes.

The Big City- In the 1970s and 80s movies like Death Wish and Taxi Driver became popular. I think it’s safe to say that the general public, upset by rising crime and the crack epidemic, found some vicarious thrill in these “you talkin to me?” style vigilantes.

Teenage Mutant Ninja Turtles- Vigilantes in a half shell.

Dexter Morgan- Blood splatter analyzing, serial killing vigilante. Dexter is an odd one, because the show is set up so that we feel sympathy for creepy Dexter instead of the garbage bags full of criminals he’s hacked apart.

Now, why do these characters appeal to us so much? That’s easy. A lot of people in this country are sick of it.

“THE SYSTEM IS A DISASTER”
In his book Into Their Own Hands, author Gary Provost writes a true crime book about everyday people who have become vigilantes. A women shoots her abusive ex-husband, a father shoots in revenge for the death of his daughter, etc.
These people decided to skip the justice system and become judge, jury, and executioner.
In the introduction to the book, Provost says he and his friends had theorized something called the “Bristol Plan.” The Bristol Plan envisioned a justice system with just two punishments- 2 years in prison or death by hanging. He and his friends weren’t really serious about the idea, but he found himself talking to a lot of people about the plan, and he shared their response.

“What I was hearing in people’s response to The Bristol Plan was rage. You couldn’t enjoy an evening walk in the city, because you might get mugged. You worried about buying that sports car you always wanted because there was an excellent chance it would get stolen. Your kid couldn’t play basketball in the gym because there had been a knifing incident there. Your hairdresser had bruises on her face because her husband was beating her and the cops wouldn’t arrest him. Your taxes went up to pay for more cops, more prisons, more prosecutors, more judges-and all this more didn’t seem to make the slightest bit of difference.”

“The people I talk to are wringing their hands and shaking their heads. They cannot believe how incredibly cumbersome , slow, and ineffective the criminal justice system is. They believe that when a crime is committed, justice comes slowly or not at all. They believe that most criminals go unpunished and the ones that are punished are not punished severely enough. And the people that believe these things are absolutely right. The system is a disaster.”

Provost’s responses are similar to responses I’ve heard myself when talking to people about this book. Most people I’ve talked to feel our justice system is extremely flawed, if not entirely broken.
I’m sure any one of you can pick up your local newspaper and find something that’ll make your stomach turn.

Just a couple weeks ago, I was flipping through my local paper, the Milwaukee Journal Sentinel, when I found an article titled “Man Charged in Sexual Assault of Student.” It turns out this guy was convicted of third degree sexual assault (1999), bail jumping (2006), operating a vehicle without owner’s consent (1996 and 1997), and issued a domestic abuse restraining order (2006).
Last month he followed a 21 year old college student to her apartment, and later was charged with first degree sexual assault, kidnapping, burglary, and two counts of second degree assault. Now what makes the story even worse- at this same time he was charged with two incidents that had happened a year prior.
These were charges of child enticement and stalking in connection with 3 incidents with a 14 year old girl in September 2009 and two counts second degree sexual assault in a March 2009 in which he groped a 16 year old girl. At the March incident:

“A Milwaukee Police officer handcuffed (name deleted) near the scene, but the complaint does not explain why (name deleted) was not charged at the time or how the case was initially resolved.”

So they had this guy, and for unknown reasons he walked. And he did it again.

WHAT DO YOU THINK?
I’d like to say now, that I am not endorsing vigilante behavior here; I’m trying to understand it. I’m not trying to insult people in law enforcement, I think generally they’re good people trying to do their jobs, and frustrated like everyone else.
Now I’d like to hear from you. Do you think our justice system works? Do you think vigilante justice is the answer? Do you think there are certain times vigilante justice is acceptable?


SOURCES
-Definition of vigilante from The Merriam-Webster Dictionary, 11th edition
- Phone interview with Vigilante Spider
-Ku Klux Klan info from wikipedia
-Wild West vigilante group info from Legends of America site HERE
-Bald Knobbers: Vigilantes on the Ozarks Frontier, by Mary Hartman and Elmo Ingethron
-Killing Pablo, by Mark Bowden
-A Crime of Self Defense: Bernhard Goetz and the law on trial, by George P. Fletcher
-"Behavior: Low Profile for a Legend Bernhard Goetz," by John Leo and Jack E. White, Time, January 21, 1985
-Into Their Own Hands,by Gary Provost
-"Man Charged in Sex Assault of Student," by Ryan Haggerty, Milwaukee Journal Sentinel March 10, 2010

SUPERHERO LAW

[Part of Law & Lawlessness Week]

Illustration by David Beyer, Jr.

Imagine the scene- a somber looking judge, a confused looking jury box, an evidence table piled high with ray guns and bat-a-rangs. On the witness stand is the latest lunatic to escape from the Arkham Asylum, or an eccentric gadget builder. And at the defense table, a caped crusader, clearly annoyed he has to sit through days of courtroom trial examining the property damage he caused in a high speed chase after criminals through the city, or a race around the world with the Flash.

Any superhero in this situation would probably want Zack Levine as representation. Zack started a blog called SUPERHERO LAW that examines comic book situations in a real world legal system. Although some of these are out of this world (like examining what kind of permits you’d need for a secret lair in space), several are relevant to “real life superheroes” out on the street today. Zack was kind enough to answer my questions in an e-mail interview posted in its entirety below.

ZACK LEVINE OF SUPERHERO LAW

Could you explain what Superhero Law is, how the idea developed, your background in law, and your interest in superheroes?

Superhero Law is a blog that analyzes the legal issues that comic, TV, and movie superheroes would face if they were subject to real-world laws. As the site develops I intend to include more discussions of the real laws that directly impact the recent "real life superhero" movement.

The idea started when I was in my first year of law school. I used comic book characters and situations to remember the analysis for intentional torts and criminal law. When I was studying for the California bar I found a number of topics that I had analyzed in class notes and outlines and decided to start a blog to organize the idea.

I manage a transactional law firm in Glendale, CA that handles contracts and intellectual property concerns primarily for new and small businesses. My job definitely has nothing to do with superheroes, but I have been a long-time fan of comics and cartoons. My father was an avid collector of comics in the '50s and '60s and passed his passion on to me.

Let’s start with anti-mask laws. I heard some compare these to the “Keene Act,” the law banning costumed crime fighters in Watchmen. My understanding, though, is that many of these laws on are the books because of the Ku Klux Klan. Could you explain?

I've heard the comparison of anti-mask laws to the Keene Act as well and plan to do a post in the future on the constitutional challenges such an act would face if the government actually tried to implement one.

You are correct though that none of these mask laws were actually drafted to address superheroes. Quite the contrary, most are rooted in efforts to thwart organizations like the Ku Klux Klan from holding public meetings. The theory was that if these groups were unable to hide their identity in public that their activities and membership would be curbed.

Some more modern anti-mask laws are focused more on public safety and law enforcement efforts. For example, many states have laws forbidding drivers from covering their faces while driving or from entering a bank with a mask on.

When researching my post on anti-mask laws for Halloween, I found laws in the following states: California, D.C., Florida, New York, North Carolina, Virginia and West Virginia. Violations of these laws range from misdemeanors, which carry small fines, to class 6 felonies, which can land you in jail for a few years and cost a few thousand dollars in fines.

A few RLSH have copyrighted their names and image. How much protection does this give them from being featured in media? I’ve heard of at least a couple journalists being told they couldn’t write about someone because they had copyrighted their name.

Copyright law protects an original expression of an idea that is fixed in a tangible medium. So while a superhero's persona could technically be registered under copyright law it would have to be "fixed" such as in a graphic novel or movie. Regardless of whether these persona could even be registered, writing about a superhero is almost certainly not an infringement of the copyright protection. All intellectual property protection carries certain exceptions for things like news reporting because the government, which grants protection, balances the benefits
to society of reporting the news against an individual's right to exclusively use an artistic work and determines that the dissemination of news is more important.

When it comes to taking pictures (in a journalism/news context) you're free to take pictures of pretty much anyone who is out in the open, with or without their consent. When you are in public you have almost no expectation of privacy and have to accept that someone can take your picture. Modern privacy law is actually an outgrowth of the development of modern cameras in the 1890s. The analysis is slightly different if you're using the pictures you take for something other than news reporting but there is still very little that someone can do if the picture was taken in public.

A production company was working on a reality show about RLSH. Their subjects had to sign a release form, and some of these RLSHs signed with their superhero alias names. Are contracts signed with superhero aliases valid?

Most contracts do not have to be in writing to be enforceable, in fact, the physical document that most people refer to as a "contract" is actually just a written memorial of the true contract, which is the intent of the parties to bind themselves to certain terms.

That being said, a contract that is signed using a pseudonym, or even not signed, is still enforceable against the party as long as that person intended to enter into an agreement. Absent some other evidence that the parties did not agree on specific terms of an agreement, it doesn't matter whether the superhero or his/her alter-ego signed the contract, it is still enforceable.

There seems to be some debate on what separates legal behavior from vigilante behavior.

Let's say one of the RLSH is out on patrol and he (or she) sees a man angrily yelling at a woman and slapping her. The hero makes the right first step and calls the police. What next? Can they physically intervene? Is it possible they will be breaking the law if they do?

The line between legal behavior and vigilante behavior is definitely unclear and is not only different in every state, it is constantly changing. Using your fact pattern as an example I will explain some of the more universal rules, but the details still vary from state to state.

After calling the police, if the hero witnesses the woman still being accosted, he/she may be privileged to physically intervene. While the altercation is still taking place, the woman is entitled to protect herself (self-defense), which includes taking action that is reasonably necessary to protect herself and stop her attacker.

The determination of what is "reasonable" in the self-defense context takes into consideration things like relative size, the level of aggression used, and even statements made by the attacker. If the woman were to overstep what is reasonable then the roles would reverse and she would be the new attacker and the former villain would have a right to defend himself against her. So for example, if the man is yelling at her and slapping her and she pulls out a gun and shoots him, that response may not have been proportional to his attack and if he survived the first shot he is probably privileged to take physical action to stop her from shooting him again.

Similarly, if she were to use physical force after he had stopped and there was no need for self-defense then she would be seen as the aggressor.

As a third party, the superhero watching these events unfold is able to step in and exercise whatever actions she could have taken on her own behalf. So, if she could have wrestled him to the ground as a reasonable response to his yelling and slaps, then the superhero could do the same.

The hero is also subject to the same limitations about taking action after the aggression and need for self-defense has come to an end (basically you can never chase a criminal down and lay a hand on them after the fact).

Additionally, I have been using the word "privileged," which comes into play when responding to your next question of whether they would be breaking a law. Technically, any use of physical force against another person is a criminal act, but in the case of self-defense or defense of a third party, the acts are privileged meaning they are excused under the law. Raising a self-defense or defense of others defense if you are charged with a crime such as battery is essentially an admission that you committed the crime but that you had a right to do so based on an exigent circumstance.

About the illustration- David Beyer, Jr. is a Milwaukee illustrator and cartoonist who actually had a brief stint as a courtroom sketch artist. You can see more of his work on his LiveJournal. The people depicted in the illustration are not based on actual RLSHs, lawyers, or judges.

Tomorrow- Oh boy, a whole lot of talk about vigilantes.

RANDOM METROPOLIS

[Part of Law & Lawlessness Week @ Heroes in the Night]

CHICAGO, ILLINOIS

The write up for today is different than I thought; sometimes things follow a forest trail instead of a train track.
I was supposed to meet up with Sentinel, who would travel from Grand Rapids, Michigan to meet me in Chicago. He had something important come up, so we agreed we'd plan to roll to Chicago another time in the near future.

Our plan isn't a major operation, we were just planning to cruise around and check things out, to see what we could see.

Meanwhile, I had the weekend off so I thought I'd cruise down there anyway to visit some friends, get some drinks, and check out the Field Museum.

I rode across town on the el train alone, listening to the clack of the tracks, cruising through Chicago's second story windows, over the Chicago River, past Wrigley Field, and I thought about the city unfolding before my eyes.

This Chicago idea started with a thread I posted on a RLSH forum, wondering out loud why Chicago had no Real Life Superheroes (that I knew of) as opposed to cities like Los Angeles, New York, and my hometown of Milwaukee, much smaller (and close by- just under a two hour drive, depending on if traffic is terrible or really terrible) but home to 3 RLSH.

There were many interesting but inconclusive answers.

"Fear? Lack of motivation/inspiration?" Speculated one RLSH. Another noted that Chicago can be a dangerous place and it would take a team of RLSH rather than a "lone wolf." My issue with that argument is that there are RLSH in cities I would guess are equally or more dangerous.

Someone suggested it was too cold, but Chicago is no colder than Minneapolis, Milwaukee, and other cities that have year round, active RLSH.

Among the other ideas was the argument that Chicago is "A Socialist city trying to deny it's residents their 2nd amendment rights." and that RLSH should not try to "protect a place that denies it's own citizens the right to defend themselves."

I don't know about this idea. I would think that is exactly what might inspire someone to become an RLSH and stand hands on hips on an el platform, the Sears tower and city skyline in the background.

I'll have to pick this story up another day.

HOW MANY RLSH ARE THERE?

I talk to a lot of people about this story. My friends, other writers, anyone I think might be interested. I want to hear their reaction.
Here are the FAQs I get- "Are they crazy?," and similarily- "Do they think they have super powers?," followed by "Where are they from?" and "How many of them are there?"

The "where are they from" part is pretty easy. All over (except apparently Chicago!)- Vancouver, Milwaukee, New Bedford, Washington DC, New York, Portland, Italy, Australia,I've even been in contact with a group from Brazil. So all over. Big Cities and small cities, east coast, midwest, west coast, Finland, whatever.

But how many? That is a really tough question. It's tough because people "retire," some retire and then come out of retirement, some change names (multiple times), new people show up, trolls are exposed,and some people are out there that no one knows about.

I saw a list being compiled that placed the number at around 120. That's probably a good start, but most likely incomplete due to the previously mentioned factors.
Most media sources mention some 250-300 number, but that "fact" is just a media invention, passed from one media source to the next.

So, do you want to know the incredible truth? Yes, folks you heard it here first: NOBODY KNOWS. And probably no one will. And that's one of the things that attracted me to this story in the first place. There's a certain unknown factor you have to accept.

FLAME WARS

As a postscript today, I'd like to note that if you've seen the last couple entries, things have been (as The Mask would say) "Smmmmmmmmmmok'n!" As in a fire breathing flame war.
I take responsibility for this starting myself, by allowing myself to get irritated. Let me explain. It really sucks when you put a lot of thought into a piece, as well as possibly reviewing interviews and other notes, check it twice,and push the "publish post" button, only to have someone immediately run up and scribble some crappy line on it immediately, post after post.

This should have been ended earlier. As I said I am all for hero, villain, general public, anyone commenting. I don't care if the opinions are in contrast to the blog or other commentators. In fact I think a well thought out debate is a great thing.

And I don't care if people leave jokes or one liners or whatever. I do ask people try to use a sensible level of respect and not use insane sexual comments that can be viewed as sexual harassment, threats, using sexuality as an insult, etc.

I don't want to have an environment where people feel that if they have an opinion different than your own, they're going to be bullied with sexual comments.

And actually everyone except one has been really good about this so far, so I'd like to thank everyone reading and leaving comments! It's great knowing people are reading and taking an interest.

Tune in tomorrow for an interview with the creator of the "Superhero Law" blog.