Pittsburgh Businesses Encroach on Public Property with Impunity

Private property, competition, and the market-mechanism have come to be assumed to be integral to the economic system of Capitalism. The assumption that this cluster of attributes is necessary is faulty though, as, for example, the state can own some or all of the “means of production” (i.e., firms) that are subject to market competition, especially if privately-owned enterprises also exist. China had a mix of private and state-owned enterprises compete in several industries when the state opened the economy to competitive forces setting supply and demand. In Wisconsin, the Green Bay Packers, an NFL football team, is owned by the residents of that city, such ownership being Socialism, and yet that team has competed not only to win, but also in the hiring of players and managers. A competitive market does not require that the property of the means of production be privately owned. Even in the case of private ownership of companies, the widely accepted custom wherein the owners receive the residual profits after expenses is dogmatic in the sense of being arbitrary. Alternatively, creditors or employees/managers could receive any excess revenue after expenses have been paid. In short, Capitalism as it has come to be known and exercised is more arbitrary than capitalists may realize. Even the taken-for-granted distinction between public and private property is not as stark as may be typically supposed. This is no excuse, however, for businesses that knowingly encroach on public property as if it were their own private property. A Capitalist economic system predicated on private property may contain not only the seed of monopoly, as Marx claimed, but also a tendency of private enterprises to over-reach on the public domain. If so, government has a responsibility to prune back the overweening tentacles. Two examples make this point.

Once while walking on a narrow sidewalk, I glanced down at my phone and was instantly startled as I ran into and tumbled over a metal chair in the middle of the sidewalk. A restaurant’s employees had set up tables on the side of the sidewalk with chairs out into the middle of the sidewalk, and a bit beyond a table had been placed in the middle of the sidewalk, with a potted plant placed making it even more difficult to navigate around the tables and chairs. Who would want to eat in the middle of a sidewalk, with people passing by at close range? The manager of that restaurant was guilty not only of missing this rather basic point, but also of the incredible presumption that the public sidewalk was essentially part of the business’s private property, which astonishingly placed the public at a disadvantage on public property!

A month earlier, I had called the zoning department of the city. I had been assured that a restaurant cannot obstruct a sidewalk. However, the city then failed to act, perhaps capitulating to the business interest (and wealth). So, after I nearly fell from running into the chair, I called the city again. The employee who answered insisted that the city gives permits allowing businesses to permanently block or obstruct public sidewalks. So, I called again and spoke with another person who had more of a sympathetic ear when I explained that I had almost fallen, and that a hazard exists because numerous pedestrians walk into the street because of the obstruction. Two weeks later, with Franks Bar and Grill still interlarding on public property, I left a phone message for the code enforcement person. Two weeks after that, as the photo below demonstrates, the restaurant was still blocking the sidewalk. 

I know that the city had opened an investigations months earlier, so I surmise that the restaurant's owner or manager knew of the complaints and dismissed them. Additionally, I suspect that the city of Pittsburgh had bowed to the business interest at the expense of the public good. This is as much of a problem as is the presumptuousness and dismissiveness of a business that can take advantage of a corrupt municipal government.

Another example of companies encroaching on public "space" is the overreaching of security guards and private police employees presuming that their turf extends beyond a company's private property. When I lived temporarily in Pittsburgh, while I was walking on a public sidewalk along a hospital that was part of the University of Pittsburgh, I stopped at a food-truck only to realize that a security guard was perched on a small hill from which he seemed to have been presumptuously patrolling the sidewalk. In the distance was another security guard. 

Initially, I thought he was in line to order food from the food truck as I was. So I held back. Strangely, he likely viewed my standing position with suspicion, or, more likely, dislike as I was looking generally in his direction. Not all subtle, he strategically walked past me up close and stopped further along on the sidewalk, presumably there to talk to another food vender, yet his body position reveals his real orientation. 

The presumptuousness of that university-affiliated hospital was visible in the choice of the security guard’s uniform mimicking that of the police—including with a silver “badge” and handcuffs. If the hospital was breaching the state's monopoly of police powers, which in general is a larger problem, I submit that the visible artifacts added to the possible presumptuousness of the wearers that company security hyper-extends "off campus" even if the state permits it. The artifacts also misled the public into supposing that the company's police were the same as the city police. At the very least, a company's private security or "police" employees do not necessarily receive the same training as the regular police receive. There is also the problem of legitimacy from a democratic standpoint once the state's monopoly of police powers, as per the U.S. Constitution, is violated by companies. 

Just a public property is distinct from private property, a company's employees are distinct from a government's police force (and power). Encroachment onto a government's use of force puts a company in a conflict of interest in that its security employees are not in an even-handed position in disagreements between a company's management and its stakeholders. Human nature being what it is, we should not assume that the employees would be fair in cases in which a management oversteps its own authority ethically or legally. 

I contend that business managers have a tendency to overreach, even perceiving public property as fair game to be captured for the private, narrower, interest of a business as the public interest suffers. This tendency on the microlevel is the same as that which fuels a company in a competitive industry to become a monopoly. John D. Rockefeller, for example, pressured competitors unwilling to be bought by his Standard Oil company. The titan had the audacity to view himself as a Noah saving the drowning competitors from being ruined by the destructive competition especially in the 1860s, and as a Christ-figure saving them. Unlike Rockefeller, Jesus in the Gospel stories does not kill off people who are unwilling to accept his help. Rockefeller even pressured the railroads to pay Standard Oil a “drawback” when they carried the oil of his competitors. Such encroachment breached what was thought to be ethical business conduct at the time, which in turn included some practices that would come to be regarded as unethical. The titan’s presumptuousness thus extended to treating the railroads as akin to his own property. By such means of encroachment, Rockefeller built his company into a monopoly in the refining industry. Fortunately, the U.S. Supreme Court broke up Standard Oil in 1913, but made the mistake of keeping in tact the same ownership in all of the resulting companies. The managements thereof were even allowed to be in the same building! A willingness to stand up to powerful businesses and competency as to how to break up their excessive market power from previous encroachments are both important if the private-property attribute of modern Capitalism is not to eviscerate the attributes of competition and the market-mechanism. Given the tendency of business managers to shirk the public interest, society needs some means of protecting public property from the inevitable encroachments.

Compromising Public Health for a States' Rights Ideology: The Governor of Arizona Nullified a Federal Law during a Pandemic

On October 27, 2021, I rode on two mass transit buses in Phoenix, Arizona. Both drivers were knowingly and willfully violating the federal regulation (42 CFR sec.s 70-71), which requires transit operators to wear masks during the pandemic even when they are situated behind a plexiglass barrier. One of the drivers, whom I had twice before seen not wearing a mask, again had lowered the plexiglass window pane between the driver and customers paying.  The first time, I had asked her to put a mask on, given the federal regulation and her proximity to the passengers boarding. Replying as if making an announcement, she said, “If anyone feels unsafe on the bus, they can get off and wait for the next bus.” That prompted a passenger to insult me. The company subsequently backed up the driver's refusal by saying that the federal law doesn't apply to buses in Arizona. It did, so the company violated federal law with impunity.

 

I reported this incident to the regional bus authority and the city of Phoenix. Nevertheless I saw her maskless more than a week later and then during the following week. I did receive a voicemail from TransDev, a bus-operating company contracted by Metro Valley, informing me that regardless of the federal law, the company policy does not require bus drivers to wear masks. In fact, a representative from Metro Valley defiantly declared on a subsequent phone call that drivers can let maskless passengers board—again, in violation of federal law. Company policy apparently can nullify federal regulations in Arizona, a U.S. state with special needs. 

Even though the FBI told me that it looks to local law enforcement agencies to enforce federal regulations, a supervisor at one of the police sub-stations told me that his department would not enforce the regulation. “Oh, so they want to dump it on us,” he said. Astonishingly, he claimed that only law passed by his state’s legislature is “real law in Arizona.” About a week later, a police transit supervisor told me that the chief of police had told the non-supervisory patrol employees not to enforce the federal regulation, and this directive had come down from the governor.

As shocking as such corruption is, the immature, even pathological behavior of the second maskless bus driver I witnessed on the morning of October 27, 2021 told me after I had asked her to put on a mask that she didn’t care if a federal regulation requires drivers to wear masks. “I don’t care. Go ahead, call the FBI,” she said with a daring tone of presumed impunity. She also encouraged me to call the local police after I said I would contact them too. “They don’t wear masks either,” she shouted. Yes, shouted. I replied that I was ending the conversation, which she ignored until I went to the back of the bus. She then accused me of threatening her. “Get off my bus!” she exclaimed angrily even though she kept the bus in motion. She was clearly making up an excuse to get me in trouble for having asked her to comply with U.S. law. What a strange, absurd mentality, at least outside of Arizona. Not surprisingly, she had let a maskless man ride. While walking to the back door to exit the bus, the maskless old male passenger felt entitled pick up the baton from the driver and shout “I’m vaccinated; I don’t have to wear a mask” at me. I knew he was ignorant so I did not comment. Nevertheless, she kept shouting his presumed factoid to me as he got closer. After he left, the driver once again began shouting insults at me, having dismissed my statement that I was done with the conversation. She called me a dumbass and a weirdo, and told me in a dismissive and hostile tone, “Go back to your institution!” My stop was coming up, so I could not get off the bus, but I did not want to hear any more from the childish driving having a temper-tantrum. So I began repeating, “I don’t talk to local creepers.” I had said this to the maskless passenger too.  “I won’t let you ride on my bus ever again,” the driver said. It is significant that she referred to her bus, in repeating, “I won’t let you ride my bus ever again,” when in actuality the city of Phoenix owns the bus and she does not have the authority to ban anyone from ever riding “her” bus ever again. Even were the bus her own, she would still be required to follow federal law, though she clearly believed otherwise.  She even put her two hands to her ears while operating the bus like a kid would do, and angrily repeated, “I know you are, I know you are,” after I declared that I do not talk with local creepers.  It was surreal that any bus driver would behave like a four year-old. “What are you in kindergarden?” I replied. Even when I was walking out of the bus and then outside of the bus, the driver was yelling insults, so I continued repeating my line. It was incredibly pathetic that a four year-old’s mentality would stop her temper-tantrum only to pick up her phone to call her supervisor, and yet the bus company’s customer service does not allow passengers to speak with a supervisor of the drivers in real time even when a driver is not only abusing his or her authority, but is having a temper-tantrum. It is precisely because the drivers know that they can misbehave with impunity that they go on the offensive even more by claiming that a passenger is misbehaving. It is not surprising that drivers tend to presume impunity in violating a federal regulation geared to ending a pandemic. It is not surprising that several drivers in 2020 and 2021 felt entitled to ignore the local and federal laws, respectively, requiring that passengers and drivers wear masks. Some drivers actually wore their masks to cover only the chin area as if that constituted compliance. Arizona’s pre-college education ranked 49^th out of the 50 states at the time. Go figure. Presumptive arrogance combined with astounding ignorance is a toxic combination.

I submit that this last driver was so brazen at least in part because there really is no accountability in the local mass transit system, which includes Metro Valley, the regional transit authority and TransDev, a private subcontractor that operates the buses, which are owned by the city of Phoenix. Both Metro Valley and TransDev have told me that their policies allowing maskless riders and drivers invalidate the federal law. By the way, a local police patrol employee informed me (when he was off duty) that bus drivers are not federal employees to the federal law does not apply to them. “So you locals are ok with the federal money you get from the feds for your mass transit, but that doesn’t obligate you to follow their regulations,” I concluded. He gave a thumbs up. Three weeks earlier, a patrol supervisor informed me that the only “real law in Arizona is that which goes through the state legislature.” There is virtually no enforcement of masks on the light rail by security guards either. They illegally impersonate police officers by wearing silver badges, yet have admitted that Metro Valley won’t allow them to enforce the local ordinance in 2020 and the federal regulation in 2021. I think the guards are more interested in intimidating passengers to feel the pleasure of being dominant (albeit certainly not superior in any way) than in enforcing even federal law.

It is strange seeing three or four guards on one half of a car yet not one of the Allied Security employees are enforcing the federal law as it is even stated on on-board signs declaring, “Per Federal Law, Masks Are Required.” Once when I heard a train’s operator make an announcement at every stop, I pressed a red button at an intercom with the driver. The drivers want passengers to report problems, so it was ironic that a young black guard rushed to me (I had not seen him in the back) and demanded to know what I had been talking about. I asked him twice to lift his mask from his chin to cover his mouth and nose. He obviously felt entitled to break the law even though signs on the doors and windows were obvious. Without even waiting for me to answer his question, he became very hostile toward me and declared that if he ever sees me use the intercom again, he would kick me off the train. As I was leaving the train, I passed by the operator’s open window. “Of course we want you to use the intercom to report things like you did—that many passengers are ignoring my announcement!” I asked her to report the guard.

In short, the arrogance, corruption, and incompetence at the state, city and mass transit levels at least in Phoenix are such that someone who is not used to such a sordid, ignorant, and hostile culture cannot but be astonished—jaws-dropped astonished. Not only does the bus company ignore reports of illegal behavior; the company claims that its policy, which contradicts federal law, is the only thing that the company acknowledges as valid. How could anyone at a company believe that a company policy nullifies a federal law? How could a police chief tell her police force not to enforce a federal law, when according to the U.S. Department of Justice, the F.B.I. routinely relies on local law enforcement to play a role in enforcing federal law. Yet in Phoenix, Arizona, a police supervisor specializing on transit refused to acknowledge that state officials ever enforce federal law. “They want their laws enforced? They will have to send feds to enforce them.”

Police/Security Over-Reaches: A Mentality Unfit for the Job

Absolute authority corrupts absolutely. On an organization or even a local scale, people with authority can play considerably on the ignorance of individuals to over-reach at their expense. As a consequence, surveillance and actions can be horribly excessive without there being recognition of it. Seeing an off-duty police employee wearing a bullet-proof vest and standing next to a store security guard in the entry-way of a grocery store in Phoenix, Arizona, for instance, can give at least new-comers an immediate sense of the excessive use of authority to intimidate even the innocent shoppers. As if seeing a policeman and security employee "greet" customers entering the store was not enough, I also saw a young mother with her young daughter in one of the aisles “freeze up” at the sight of the policeman (wearing a bullet-proof vest) staring at them in a confrontational posture from the end of the aisle. I could not believe my eyes. As the front doors opened as I left the store, I looked up only to see a security guard with his feet pointed right and left, respectively, in a confrontational posture. 

A security guard stands in a confrontational posture at an Albertsons (Frys) grocery store in Phoenix.

Could such practices ever be accepted as the default in the "land of the free"? It depends on the State. Furthermore, how does such ill-fitting excessiveness, which would only fit were someone reported to be shooting in the store, shift from inappropriateness to become the default—the status quo? Typically the underlying mentality is one of stubborn ignorance that cannot be wrong, backed up by an excessive and microscopic grip on real or invented authority. How is it that the more educated and broad-minded perspective in upper-echelon management comes to doubt even its common sense by being hoodwinked by the lower mentality? Excessive delegation to middle-and-lower levels of management, where the wider perspective can easily be lacking, may be part of the answer. Playing a supporting role, the value-system in the local culture may actually support the excess or look the other way in blind obedience to an ideology. Finally, if a practice beyond the pale gets its toehold in the status quo, then people can become blind to the excessiveness and treat it instead as normal. Excessiveness as the new normal. Dislodging an invasive or encroaching unquestioned trend can be very difficult given the nature of the status-quo default to act like cement. Two case studies demonstrate that an absurd over-reach by someone in the security field can occur. The first took place in Orlando, Florida. Accountability did occur, so the absurd was not allowed to become ensconced. The second was in Phoenix, Arizona. Such accountability is much more difficult there, so the aggressive over-reach of authority would likely become further ensconced in the conducive or enabling local culture. 

In September, 2019, an elementary school “resource officer” arrested two 6-year-olds at school in Orlando, Florida. At least one of the kids had committed the high crime of kicking another student. The “resource officer,” a misleading term for what was actually a policeman capable of making arrests (a resource for whom?), was subsequently fired for not having obtained permission from a “watch commander.” The militaristic term, commander, in having anything to do with first-graders, makes clear just how far the Orlando police department had overreached. Indeed, I submit that the cloak of being a resource is just as dishonest, and overreaching, as is the appropriation of military terms. A police employee is neither a security guard nor a military commando.

Of course, arresting a first-grader is such an obvious overreach that the judgment involved in the overreaching itself is arguably incompatible with the legal right to use lethal force. At least one of the first-graders was arrested for battery, fingerprinted, and had mugshots taken. That a police employee (or department) would even suppose that with a commander’s permission is appropriate or sufficient to arrest a first-grader for kicking another kid is so far-fetched that a lack of perspective, not to mention common sense, was also in the mix. Even Florida State Attorney Aramis Ayala chastised the Orlando police department when she said, “These very young children ought to be protected, nurtured, and disciplined in a manner that does not rely on the criminal justice system to do it.”[1] That a police employee (and department) would interlard that system indicates a basic lack of understanding regarding that system and the fact that it has boundaries. People who have problems with boundaries should not be wielding power, for such people love power too much to exercise it realistically. For a child to make being a child a crime suggests that that child should not be allowed to play with guns, much less to be lawfully entitled to use them. 

Such an obvious overreaching mentality can also exist “under” the police, such as in security guards. In Phoenix, Arizona, for instance, the security guards on the light-rail trains have regularly over-reached beyond their authority. This reflects the culture, as the same tendency can be observe in other domains there. 

For example, some of the employees of the security subcontractor have turned on passengers simply for taking pictures inside the train. Guards have aggressively threatened to kick such passengers off the trains, using the flimsy excuse that the guards had been photographed and the erroneous claim that picture-taking on the trains was illegal. Such ignorance that could not be wrong backed up by authority that simply did not exist is inherently toxic and utterly incompatible with (i.e., a danger to) wielding even the authority that has been authorized. Beyond even the ignorance is the sheer aggressive nature that looks for any opening in which to bully another person. In fact, the dismissiveness of other people’s natural boundaries may itself be sociopathic. The aggression unleashed by efforts to hold such people accountable points to a demented perspective in which the victim rather than the aggressor is actually the aggressive party. 
It is interesting, or telling, that security employees would be so preoccupied with passengers taking pictures and yet actually refuse to do anything, whether on a platform or on a train, about a passenger known to have walked across the tracks even in front of an oncoming train. 

This man rushed across the tracks so fast his baby's carriage back wheels caught on a rail.  

Once I witnessed a man run across a street (amid oncoming cars) and across the tracks before entering the train-car that I entered. The security employee told me that he too had seen this, but could do nothing. "The street is not our property," he explained. "Aren't the tracks your property?" I countered. He did not reply. Being so reluctant to even confront such a passenger (or people smoking on the platforms) is quite a contrast to the excessive presence of the employees on a train car. 

Three security employees are clustered together in one half of a rail car. Typically none of them would be checking tickets. Imagine being a passenger surrounded by security guards! 

Looking at me leaving the train and then at the three security employees, the man in the foreground asked me if he could enter the train! When I was on the train standing next to the door, the security employee shown on the right walked over and stood in the middle between the doors, blocking the entry-way to the rest of the car. He was too big to be standing in that space, but I suppose he felt that he could do whatever he wanted as he had a badge.

That the security company put as many as six guards at a time in a car (typically not during commuter times, as office workers could be expected to complain) suggests a proclivity toward and enabling blind-spot concerning excessiveness itself. At the very least, the employees don't care whether passengers feel uncomfortable as a result. Sometimes the excessiveness is so obvious on a rail platform that customers may stand at a distance until a train comes.

Four or five security employees were on this platform. 

Twice I witnessed around fourteen police and security employees enter a rail car to check tickets. In both instances, three or four passengers were taken to the platform to be surrounded by the police and security employees as the latter wrote municipal citations! Imagine if so much attention were directed to a motorist pulled over for speeding! In effect, the passengers were being treated as criminals likely to become violent. 
Tellingly, at least one supervisor of bus drivers at a bus-transfer hub in Tempe decided to have his new van's yellow lights flashing continuously, as if the default were to treat the routine as a constant state of emergency just because one might be possible. 

Even during daylight hours, on a Sunday when the hub was virtually empty, a supervisor still felt the need to have his flashers on!

The flashing yellow lights on top of the white van are barely visible, and yet presumably someone thought they were fitting. 

People who are not willing or able to perceive when they have gone too far should not be permitted to wield power over other people. 

The relationship between excessiveness and over-reaching is an interesting one. Perhaps the former connotes being oblivious while the latter stresses the underlying motive. In both of the cases of Orlando and Phoenix, the excessiveness in the over-reaching itself was of such an extent as to be utterly transparent to the naked eye. It is perhaps a easily overlooked truism that going beyond authorized authority is itself an over-reach.

Typically when an over-reach or excessiveness is treated as part of the legitimate status-quo, or societal default, the culprits eventually go so far that they come to be viewed as a problem. For example, the decision of Allied Security in Phoenix to have the ticket-checkers/security-guards wear police-color uniforms and even separate silver badges could eventually lead to the company being charged with intentionally impersonating police. 

One of six security employees (not the one who became aggressive concerning picture-taking of half of the car)  watching passengers (rather than checking tickets) on a routine basis rather than because of an incident suspected or in progress on one car of a light-rail train in Phoenix. The obvious police impersonation, with its (intended) implications of additional authority, is no accident. Even though the employee pictured here was not belligerent, she and another employee blocked the conduit between the two sides of the car (and thus were "front and center" for any general picture-shot).

I submit that the impersonation to look like police employees was geared to intimidating customers beyond that which a security guard as such could muster. On account of the low pay, minimal qualifications (a High School diploma), and the bad (hiring) management (as reported by former employees online), it should be no surprise that the attitude toward customers has been more like that of the local police to the citizens than customer service in a company. The allure of power taken can be too much, especially if that elixir is not ideally in a customer-service attitude.
In the Phoenix Public Library, the security employees also wore silver detachable badges, at least as of 2019.  

The security employees are so numerous that a patron could easily sense that the library's management had gone too far. That the security employees intermingle with the police stationed at the library renders the impersonation problem more of problem because patrons could more easily assume that the employees also have police powers. 

The policewoman is at the left-back, next to one of the security employees. 

That the police and security employees are constantly making the rounds passing by patrons who are reading or studying does not render the library a place conducive to studying. 

At the Tempe Public Library, armed security employees with badges stood at the entrance at least by 2019. A volunteer told me that a manager had insisted that the "Welcome" desk be relabeled "Security" just in case patrons miss the point even in seeing two armed guards in front. 

Those security guards, each having a gun and taser, also made rounds through areas where patrons were reading or studying, as the video below testifies. 

At one of the pot dispensaries in Phoenix, a security guard could be seen sitting at a close proximity to the customers on whom he was keeping a direct eye. I doubt it made any difference to him whether they felt uncomfortable with his excessiveness. To him, he may not even have been excessive. 

The security guard is seated on the right, positioned to face the three customers seated against the side wall. Was the guard worried that one of the customers would suddenly explode in reefer madness? Such over-blown assumptions, while ludicrous, have existed in Arizona even as marijuana was legal in some of the other States. 

In the television series, Downton Abbey, the Dowager Countess, played by Maggie Smith, remarks that power goes to the head of a common person like strong drink. She is referring to the village physician whom the British military put in charge of the military hospital during World War I at the Downton residence. If that could be said from her perspective of a physician, the hiring of (in many cases) inner-city youth to wear badges on trains can be expected to lead to a host of problems.  

The dynamic can be explained by appropriating Nietzsche’s philosophy in which some people are weak internally and so they cannot resist their instinctual urge to dominate even and especially the strong. The weak resent the strong for their self-confidence and surfeit of strength. Whereas the strong do not feel a need to use more power than necessary because they have more than enough strength anyway, the weak will stoop to even cruelty to exact even a bit of pleasure from the exercise of power externally; exerting power internally, as in mastering an intractable urge, requires more strength than the weak have.

If a hiring budget is inadequate to attract a certain maturity- and knowledge-level, then fine-tuning the hiring criteria will not be adequate. Unfortunately, if, as Nietzsche says, the weak cannot but be weak and the strong cannot but be strong, then training too can be expected to have limited usefulness. Organizational, governmental, and even societal accountability may have to be called on to supply the needed check on the power-overreaches. Unfortunately, in such a law-and-order culture as has existed in Arizona at least through the first two decades of the twenty-first century, security guards as well as the local police could be expected to get away with a lot. Even the state's major universities, including ASU and UA, were not immune from over-reaches by security guards given police status (a police department is reports to a city, rather than an organization), and yet students passively took it while the "academic" administrators compromised academic ways to make way for other values such as intimidation (i.e., of students). 

It was not uncommon, at least by 2019, for campus "police" to park their cars on a routine basis on sidewalks used by students to get from class to class. The assumption that they would not be concerned passing such a car belongs in a fantasy movie rather than on at an institution of higher learning (at least in principle). 

It was not uncommon for campus police to "patrol" in one place on an ongoing basis out in front where students walk. The obvious need to stick out carries with it a certain amount of ego and lack of concern for how the young students may be affected emotionally. Few, I submit, would feel that such a presence during a school day is necessary to feel safe. 

In fact, in addition to the campus police, ASU hires student security guards. The result is a sense of constantly being watched on that campus, which obviously must have had cameras too. 
Once while talking to two students representing a cause at a table, I noticed that a student security guard was taking his job too seriously, or was told to do so, by how he was so obviously watching us. I was reminded of the secret police of the Communist states in the last century. 

Notice how needlessly confrontational the security employee's posture is in this picture. 

To the extent that a local culture enables the over-reaches by casting a blind or even permissive eye, as in Arizona, the imposition of checks on authority are especially important. That Florida's authorities, in contrast, came out against the child-cop who tried to criminalize being a child suggests that not every state is as dire in this respect as is Arizona. 

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1. A. Willingham, Artemis Moshtaghian, and Amir Vera, “A School Resource Officer Is Fired after Arresting Two 6-year-old Children,” CNN.com, September 23, 2019 (accessed same day).

American Businesses as Police-States: The Case of Hilton Hotels

Days before Christmas in 2018, Jermaine Massey was on a phone call with his mother. It being personal, he was in a remote area and was thus not disturbing anyone—that except for Earl, Doubletree’s security guard. Massey subsequently accused Earl of harassment. While the video that Massey took of the guard during the altercation shows Earl to be quite calm, the passive aggression was doubtless off the charts. The incident points to a growing problem at the time as American businesses were increasing their security presence, at the very least in terms of exposure, and last but not least, with considerable discretion and thus power. The incident shows that guards were well aware of how to mask personal power with the air of staid professionalism.  This only makes the latent authoritarian mindset more dangerous to the public.

After Massey had relocated to another hotel (without a refund from Hilton/Doubletree as of that time), he wrote on social media that while he had been talking with his mother, Earl approached. “He said that I was a safety threat to the other guests and that I was trespassing and said that I was a disturbance because I took a personal phone call from my mom in a more remote area of the lobby.”[1] Even if Massey had been too loud in his phone conversation, considerable overkill is involved in stretching noise to a safety “issue.” Additionally, Earl presumed that Massey was trespassing even though the latter had his room key (with the envelop indicating the room and date!) visible. That Earl refused even to admit the possibility that the key might be valid points to a serious lapse in Earl’s mind. What could prompt such a distortion well in the scope of Earl’s duty?

Friedrich Nietzsche would say that the pleasure of power is the underlying culprit. Earl was simply too weak to resist his over-extended need for power, and his tendency to assume the worst in people—common, I suspect, among police—only fed his need. That Earl had handcuffs and a metal “badge” that doubtless had been designed to mimic a police badge only enabled his predisposition to act even beyond the functions of a guard. For instance, a guard does not have the authority to arrest—so why the cuffs?

Making the problem of the over-extended guard worse, the hotel’s manager on duty enabled Earl by taking Earl’s decision that the police should be called on Massey as something that should and cannot be overridden. Earl used a walkie-talky to communicate his decision to the manager, then told Massey that the police would be there to escort him off the property. Even though Massey insisted that he had a room at that hotel, Earl countered with a tone of being the person in charge there, “Not anymore.” Even though the manager followed Earl’s instruction to call the police, Massey claimed that the manager only asked him—after having called the police!—what had happened. Luis, the young manager, was derelict in subordinating his authority to a guard—taking the guard’s side as the full story. And yet Luis and Earl would presume to call the customers guests. After being a customer of Hilton Hotels (Doubletree), Massey would be well within proper behavior to laugh out loud at the sheer presumption, for who treats a guest as Earl and Luis had treated Massey?  

In conclusion, this case strongly suggests that managers should not just take the word of their respective security guards, who likely have their own agendas (i.e., power-trips). It is the absolute power that businesses allow or enable guards to have that is so dangerous. What if the police had arrested Massey? A bad situation could have gotten much worse (with a police record). Significantly, the Portland, Oregon police did not even talk to Massey; they too took the guard’s side for objective truth. An axis can be drawn from Earl to Luis to the local police: the axis of absolute power that businesses enable. At the very least, businesses should not permit their guards to wear handcuffs or police-like badges. Once I saw this in a Target store and asked a cashier about it. “I know; it is over the top. They can’t even use those cuffs.” I asked why the show. “To intimidate customers,” she answered matter-of-factly. Target would go on in following the other herd-animal retailers to call customers guests. Intent to intimidate guests—nice!


For more on Nietzsche applied to managers, see On the Arrogance of False Entitlement, available at Amazon. For more on business ethics, see Cases of Unethical Business.

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1. Keith Allen, “Hotel Employees Who Asked Black Guest to Leave Fired,” Cnn.com (December 29, 2018).