Page 6 THE REVERE ADVOCATE – FRIDAY, OCTOBER 8, 2021 Revere resident files lawsuit alleging civil rights violation By Christopher Roberson A manda Ortiz, 23, of Revere has fi led a lawsuit against Police Offi cer Marc Birritteri, the Revere Police Department and the City of Revere alleging that her civil rights were violated. In his Complaint, Attorney Andrew Burger, counsel for Ortiz, said his client was on her way home from work at approximately 9 p.m. on December 10, 2020. At that time, he said, Ortiz was rear-ended on Route 16 by an intoxicated driver. The other driver, later identifi ed as Pedro Montiel, put on his hazard lights as if to pull over; however, he proceeded to drive away. Ortiz then called 911 and followed Montiel, who ultimately stopped at a gas station. A short time later, Birritteri arrived at the scene and “immediately smelled alcohol” upon getting out of his vehicle. Burger said police quickly learned that Montiel had a pending OUI charge and was driving with a suspended driver’s license. Montiel was arrested after refusing fi eld sobriety tests and a breathalyzer. Birritteri then told Ortiz that she would also be placed under arrest. Although Ortiz insisted on getting a breathalyzer, Birritteri said she could get one at the police station. “Offi cer Birritteri then proceeded to conduct several fi eld sobriety tests that were not approved by the National Highway Traffi c Safety Administration (NHTSA),” said Burger. Birritteri had Ortiz count backward from 30 to 12, which she did. Yet, Birritteri wrote in his report that she “did not stop at twelve and paused to think.” The next test was to recite the alphabet. By that time, Ortiz, whose fi rst language is Spanish, was recording the incident on her phone. “On video Offi cer Birritteri asks the Plaintiff to recite the alphabet and stop at ‘X,’” said Burger. “The Plaintiff recited the alphabet, and stopped at the letter ‘S,’ confusing the linguistics of the instruction from Offi cer Birritteri. Offi cer Birritteri disrespectfully replied, ‘It’s Q-R-S-T-U-V-W-X,’ and then demanded the Plaintiff put her cell phone down on the police cruiser and led her away from the vehicle. The Plaintiff felt that she was being racially discriminated against as the tests for her sobriety were related to English fl uency.” After Ortiz completed the Walk and Turn and One-Legged Stand Tests, Birritteri attempted to have Ortiz’s vehicle towed. When Ortiz demanded an explanation, Birritteri replied, “I just gave you a fi eld sobriety test, you failed. Now you’re interfering with police. Turn around you’re under arrest. Turn around, stop resisting.” “Offi cer Birritteri then proceeded to violently search the Plaintiff ’s car, ripping off the electrical box, tearing through every inch of the car,” said Burger. “No contraband or evidence of crime was found as a result of the search.” After Ortiz arrived at the police station, Officer Sean Matthews gave her a breathalyzer test and did not fi nd any alcohol in her system. However, Birritteri still turned the negative result against Ortiz. “Offi cer Matthews did state that it is common for people that are on narcotics, when their adrenaline gets pumping, the eff ects of the drugs go away,” Birritteri said in his report. “Please note, there was a length of time that had passed before Offi cer Matthews had talked to Amanda.” Burger said his client was ultimately charged with OUI Drugs, Negligent Operation of a Motor Vehicle, Interfering with a Police Officer, Disorderly Conduct and Resisting Arrest. “Offi cer Birritteri would not release the Plaintiff for several hours and made her sit without a jacket in a holding cell,” said Burger. Ortiz was released at 1 a.m. and was ordered to appear in court seven hours later. “Offi cer Birritteri held the Plaintiff in custody for approximately three hours even though multiple members of her family were at the police station with money for her bail,” said Burger. The following day, Ortiz had bloodwork done at Beth Israel Deaconess Medical Center, which showed no trace of drugs or alcohol. The charges against Ortiz were dropped three days later. As a result of her ordeal, Ortiz decided to seek legal recourse. Under Count One, Ortiz is claiming False Arrest/Unlawful Detention 74. “Offi cer Birritteri told the Plaintiff she would be arrested before conducting any fi eld sobriety tests,” said Burger. “Offi cer Birritteri refused to administer a breathalyzer to the Plaintiff after she had requested one to prove her sobriety.” Under Count Two, Ortiz is claiming Unlawful Search and Seizure. “Offi cer Birritteri had his hand on the driver side door and was going to enter the Plaintiff ’s car without her permission,” said Burger. “The Plaintiff demanded an explanation before Officer Birritteri entered her car. Offi cer Birritteri responded by arresting and searching the Plaintiff ’s vehicle without probable cause or a search warrant.” Under Count Three, Ortiz is claiming Malicious Prosecution. “Offi cer Birritteri refused to conduct a breathalyzer because he knew it could exonerate the Plaintiff ,” said Burger. “Offi cer Birritteri did not conduct the horizontal gaze nystagmus test which is supported by the NHTSA and the most scientifi cally reliable.” Under Count Four, Ortiz is claiming Failure To Train. “The Plaintiff has a Fourth Amendment right against false arrest, unlawful search and seizure and malicious prosecution,” said Burger. “The inadequate training of Offi cer Birritteri led to the violation of the Plaintiff ’s rights which are federally protected. In addition to a judgement on the four counts, Burger said his client is requesting “compensatory damages for the harm suff ered as a result of the Defendant’s wrongful conduct” and “punitive damages for the Defendant’s malice intent.” At presstime, neither Birritteri nor his attorney could be reached for comment. Board of Health says no to smoking bars By Adam Swift D Attorneys at Law 14 Norwood St., Everett, MA 02149 Phone: (617) 387-4900 Fax: (617) 381-1755 John Mackey, Esq. * Katherine M. Brown, Esq. Patricia Ridge, Esq. espite the warm feelings for local restaurant owner Saber Abougalala, the Board of Health voted down a potential change in the city’s smoking regulations allowing for smoking and hookah bars in Revere. In August, Abougalala’s attorney approached the Board of Health about a change in the regulations that would allow three permits for smoking or hookah bars in Revere. He said Abougalala, owner of the Good Diner on Broadway, wanted to open a hookah lounge on Winthrop Avenue. At Tuesday night’s public hearing, a number of residents spoke in favor of allowing hookah lounges, highlighting the cultural importance of hookah lounges to many Middle Eastern cultures. Many also spoke about Abougalala’s role as a community leader. “Hookah smoking is culturally accepted across the world and is something that will add to the city,” said Councillor-at-Large George Rotondo, who also pointed to the many times Abougalala has stepped up to help those in need in the community. “A hookah bar is a safe place for people to relax and enjoy each other’s company in a group atmosphere,” said Abougalala’s attorney, Chris Cridler. “Those of us raised in Western cultures – it’s somewhat akin to going out to a bar or going out to watch a football or baseball game. 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