Editoral: TWITTER-GATE! Island/Def Jam VP Arrested for Refusing to Call off Fans on Twitter

What in the TWIT is going on in this world?  Has internet technology become so intrical in our everyday communications that failing to use or execute its reaches upon the command of Law Enforcement officials, could lead to your arrest?  Apparently so; as the Senior V.P. of Sales for Island/Def Jam Records, James A. Roppo, was technically arrested on one felony and four misdemeanor charges, which was preceded by his refusal to send a Twitter message to ask thousands of teenage fans packed inside the Roosevelt Field Mall in Garden City, New York on November 20, 2009, to disperse and leave.  The crowd started lining up at the crack of dawn to get a chance to meet 15 year old Canadian singer Justin Bieber at an autograph signing event that was to be held at the “Justice” chain-store inside the Simon Corporation-owned mall.  By noon there were reportedly over 3000 fans and growing.  Girls were chanting, “Justin! Justin!” and the overall excitement and pending chaos were apparent by the news reports and numerous YouTube videos shot from inside the mall.

There is no official timeline, nor anyone that would provide the real-time verification of events.  However, after speaking with Simon Mall Public Relations, the Nassau County Police and District Attorney’s office, I have made the following deductions, assumptions and personal observations given the telephone conversations and e-mails that I’ve received from various officials involved.  What I know to be FACT, is noted as such.  The CONJECTURE/QUESTION(s) ON FACT comes from my years of experience in observing, attending and reporting on music related artist/fan events such as this, many of which have taken place in similar locations, without incident.

FACT 1:  Justin Bieber has utilized social networking tools like a true techno rock star.  He can literally reach millions of his fans in mere seconds via Twitter, Facebook, Myspace, etc.; which is exactly what he did on the days leading up to incident on 11/20/09.  Good boy…job well done…mission accomplished!  3000+ fans showed up.  Ahhh, gotta love the internet!

FACT 2:  Island/Def Jam Records (IDJR) A&R/PR Department did their jobs.  It’s what they get paid to do, and they did it well.  Fans, print media, web media, TV crews, all were alerted via any means necessary and they all showed up to the Roosevelt Field Mall…en masse.

CONJECTURE ON FACT 2:   This is Island/Def Jam Records we are talking about here – one of the biggest labels on the planet!  Their people are the pinnacle of music industry professionals that have the experience to properly plan and execute such an event around one of their artists.  They can arrange a Mall Meet & Greet in their sleep.   I bet you $1 that there is documentation starting from the conceptual stages of this event, which would include, emails, texts, meetings (personal, telephone or web video conferences) between IDJR and the Corporate Security Division of Simon all the way down to the “Head Honcho Mall Cop” at the Roosevelt Field Mall, as well as Justice Clothing.  IDJR would have their artists’ (and fans) safety in the absolute forefront.  This sort of event doesn’t just “happen”…it is calculated and planned…down to the minutest detail.  However, there comes a time in the process when a majority of the weight of the semantics, safety and security fall to the event facility’s side (Simon).   The mall underestimated this artist, his label, the power of the internet…and his FANS!

FACT 3:  I spoke by telephone with Simon Corporate Spokesperson, Lee Morris.  I asked him what detailed security plan was in place for this event.  He said that he could not divulge the exact plan, but sent me the following e-mail statement:

This was a store event for which the mall was prepared. Mall management had developed a detailed security plan for this event and had discussed it in advance at the property with both the store and law enforcement officials.

Our mall teams routinely execute these types of events. In fact, last night the rapper 50 Cent participated in a similar store-sponsored event at Newport Center without incident.

We commend the Nassau County Police Department and Nassau County Fire Marshal for canceling the event at Roosevelt Field when crowds grew to an unanticipated size and of course, will cooperate fully with their investigation.

Morris further stated to me, “I do not know exactly when the Nassau County Police and Fire Department were called in for assistance, but it became apparent that outside help was needed for crowd control.  Upon their arrival, the decision was made to cancel the event.  Mr. Roppo (VP of Island/Def Jam Records) was approached and asked to notify his client’s (Justin Bieber) fans via Twitter message that the event was cancelled and to please leave the Mall.  It is my understanding at that point that Mr. Roppo refused to do so and was arrested on a variety of charges.  He planned an unsafe event.”

CONJECTURE/QUESTIONS ON FACT 3:  So, let me get this straight…there were thousands of teenage girls and their parents on Simon Mall property seven hours before Mr. Roppo or Justin Bieber even arrived on site.  Exactly WHEN did it become apparent to Simon Mall Security that the “crowds had grown to an unanticipated size” and there could be a potentially serious safety problem?  I’m sorry, but the irony is not lost on me that the only thing on t.v. at 4:00 a.m. this past Saturday night was the movie, “Mall Cop”.  It sucked and I don’t recommend you wasting your time, but I just can’t get the incompetent characters out of my mind in this real-life scenario.

Exactly how large of a crowd was anticipated by Simon?  What did the elusive “detailed security plan” call for in such event that the crowd grew to “unanticipated numbers” that did not involve the taxpayers of Nassau County, Police, Fire Department, and the injury of five people?  Why didn’t the Mall Security take charge and cut off the line at a certain number of persons, thus alleviating the problem to begin with?  I’ve seen it happen.  It can be done.  It goes like this, “We’re so sorry folks.  We have reached capacity for the safety of the fans, Justin, and our property, therefore, we cannot allow you to remain on the property.  Please leave at this time.  Thank you. Buh-bye!”

FACT 4:  James A. Roppo was arrested on site, taken to jail and booked on the below charges according to the

The following e-mail statement I received from Detective Michael Aronson of the Nassau County Police Department.  Investigative Police Detectives’ names as well as Mr. Roppo’s home address were omitted by me:

INCIDENT:  Unusual Incident                                                     DATE/TIME: November 20, 2009, 1500

LOCATION: East Garden City                                                       ITEM: 05

The Public Information Office reports the details of an unusual incident that occurred today, November 20, 2009 at approximately 3:00 PM, in East Garden City.

At around that time, a crowd of approximately 3,000 gathered outside the “Justice” store, on the 2^nd tier inside the Roosevelt Field Mall, for a scheduled appearance of teenage celebrity Justin Bieber.  As the crowd surged toward the location, aggressive pushing and shoving caused a need for police response.  Approximately thirty-five (35) NCPD Police units and several Garden City Police units were dispatched to the location and, in the interest of safety for the large crowd, reportedly consisting primarily of teenagers, cancelled the event and dispersed the crowd. Four to five apparently minor injuries were reported.

A single arrest was made in connection with the incident: James A. Roppo, age 44, of Hoboken, New Jersey, Senior Vice President, Sales, Island Def Jam Records.  The investigation is ongoing and charges against him are pending.

*******UPDATE**** 11/20/09 2325  6218

The defendant has been charged with Endangering the Welfare of a Child (A Misd), Obstructing Governmental Administration 2^nd Degree (A Misd), Reckless Endangerment 2^nd (A Misd) and Criminal Nuisance 2^nd Degree (B Misd).  He will be arraigned on 11/21/09 in First District Court, Hempstead.

*****UPDATE*****           11/21/09/0330/7740*****

The defendant has additionally been charged with Assault 2^nd Degree.

FACT 5:  I spoke with Detective Michael Aronson of the Nassau County Police Department via telephone this date (NCPD).  He was a nice guy, although he couldn’t give me exact facts because he was not on the scene.  He did reiterate that Mr. Roppo was NOT arrested for “Failure to Twitter”.  He explained that, “The charges were a result of Mr. Roppo’s conduct on site in relation to the situation at hand and his failure to assist the Police to disperse a potentially threatening situation, which in fact did lead to five injuries. The Felony Assault 2^nd Degree charge stems from a Police Officer that was mildly injured on his shoulder during this incident.  So, even though Mr. Roppo didn’t personally commit Felony Assault on an Officer, it was his fault that it happened, so he is being charged with it.  That’s the way it works.”

CONJECTURE/QUESTIONS on FACT 5:  Translation anyone?  There is NO statute anywhere, nada, nothing that would allow Roppo to be charged with “Failure to Twitter”. The closest Police could come was

NY Penal Code §195.05 Obstructing governmental administration in the second degree.
“A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actor’s intent that the animal obstruct governmental administration.  Obstructing governmental administration is a class A misdemeanor. “

I’m sorry, but when exactly did James Roppo’s Iphone (or whatever) become a tool that could be used to arrest him?  It is his personal/corporate property.  It is not owned or operated by a state, county, city, town, village, fire district or emergency medical service (at least I am assuming that it is not).  He could have Twittered, “Nassau County Police Suck!” if he wanted to.  Or not.  That is the point.  There are no laws (City, County, State, nor Federal) that substantiate being forced to use your personal property in such a manner.  THIS IS AMERICA!  Yes, there are laws that have been passed to protect against causing harm if someone were to yell, “Fire/Bomb, etc.” in a crowded environment.  If there is a law on the books anywhere, in any State that have made provisions for a Law Enforcement Officer to force you to use your internet accessible phone to “Post on Facebook” or “Twitter me this or Twitter me that”…then for the love of God, please come forth!

So, here’s what I think went down (again, just conjecture from a lot of experience)…  Roppo shows up to a chaotic scene with Justin Bieber.  He’s stoked.  Justin is stoked.  There are fans surrounding the Mall, winding up to the top of the parking decks and armpit to armpit inside the Mall.  A Record Label  Executive and artists’ wet dream.  Sorry for being so blunt, but it’s true.  Welcome to part where the music industry (and an artists’ fans) can, and often do, collide in the world of Civility vs. Fanaticism!

Roppo was da man at that point.  What a turnout!  Wooh Hoo!  Rock n’ Roll!  Teenage girls screaming and crying!  Police surrounding the Mall on foot and even horseback.  I don’t get that one, but it’s true … watch the news video here:

How much did it cost to bring out the Cavalry?  Do they not ha
ve a SWAT team?  Kind of more conducive to moving through a crowded mall, no?  Is it just me or are you seeing the idiocy here?

Here’s where I think things went B-A-D…very quickly for James A. Roppo.  When a cop asks you to do something; you do it, right?  Not necessarily.  I am a huge proponent of, and have the utmost respect for Law Enforcement, do not misconstrue my statement here.  I was taught that you do what a Police Officer tells you to do.  Period.  However, in this instance I think that a lot of factors came into play.  You had a high-level record executive (Roppo) out a Friday afternoon at a mall in Garden City, NY with a 15 year old wunderkind.  This was NOT chaos to either of them.  I live in the same world as James Rocco, so 3000 screaming teenage hormone-laden girls don’t scare me.  It’s what Rocco’s 15 year old client in the limo lives for.  Justin Bieder’s world was looking just fine from his view out the window.

So Rocco hops out of the limo, feeling on top of the world and is informed that the event has been cancelled, and the entire weight of calling off the event and dispersing a crowd of thousands is all on him and Twitter…on his personal phone.   If you were  hypothetically James Roppo, when the Police ask you to Twitter Justin Bieber’s fans and tell them to leave the Mall property –  honestly, would you not say, “Uh, NO! We want to do the Meet & Greet!  Do your job. There’s like 100 of you guys and two of us.  Get the crowd settled down and Justin wants to meet his fans if it takes all day.”

I do not know what happened from that point on as James A. Rocco nor Legal Counsel for Island/Def Jam Records have returned my phone calls.  My guess is that Jimmy Rocco went EL LOCO!  Again, just conjecture, but you don’t get slapped with one felony and five misdemeanors without causing a fuss!  One helluva fuss.  Whether it warranted five charges against him, I don’t know.  There is no youtube video on that encounter, unfortunately.  I would’ve just liked to have seen it from a legal perspective at this juncture.

FACT 6:  A lone Mall Security Cop announces the cancellation via megaphone.
Fans are disappointed, heart-broken, crying and the parents are pissed!

FACT 7:  James A. Rocco was arraigned on 11/21/09 on the aforementioned charges.

FACT 8:  I spoke with Eric Phillips of the Nassau County DA (Katherine Rice) Office today.  The DA is planning on pursuing and pressing all charges.

FACT 9:  The implications of this case are far more reaching than rock n’ roll, music or celebrity.  I believe that this will either be dropped by the Nassau County DA’s office or escalate all the way to the Supreme Court of the United States of America.

FACT 10:  You got the FACTS and heard it here first, folks.

Valerie King, Assistant Editor