April 24th, 2014

If Photography Is Not a Crime, When Will Police Get the Message?

In February, just as the City of Baltimore was hammering out a legal settlement to end police interference with photographers, Baltimore police forcibly removed a Baltimore Sun photo editor from the scene of a shooting on a public street. That action underscored a seemingly intractable problem: getting the message to rank-and-file police officers that people have a constitutional right to photograph police carrying out their duties in public.

Judges have repeatedly thrown out criminal charges against photographers arrested while photographing police activities in public. Cities have had to pay to settle claims of civil rights violations stemming from some of the arrests. The City of Boston, for instance, agreed in 2012 to pay $170,000 to settle a videographer’s civil rights claims over his arrest for videotaping police arresting another person on the Boston Common. Baltimore ended up paying $250,000 as part of its recent settlement with Christopher Sharp, who alleged that police erased the videos on his iPhone after detaining him for using the iPhone to record the arrest and beating of another person.

And yet the incidents of police interference with photographers continue apace. No sooner is one case settled, when another incident or claim pops up.

“It certainly is like playing a game of whack-a-mole,” says attorney Mickey Osterreicher of the National Press Photographers Association. (more…)

February 20th, 2014

Hartford Police Sued for Stopping Camera Drone, Chasing Photog Away

A news photographer has sued the Hartford, Connecticut police department and two of its officers for forcing him to stop flying a camera-equipped drone over the scene of a police investigation.

Photographer Pedro Rivera, who works for television station WFSB, was briefly detained for questioning and ordered to stop flying the remote-controlled drone over the scene of a fatal traffic accident on February 1.

Rivera was not on duty for WFSB television and was not gathering video for the station at the time, he told police at the scene. But he acknowledged to police that he sometimes provides video footage from his drone to the TV station.

After he was detained, police ordered him to leave the scene. Rivera alleges that police then called his employer, and told a supervisor that Rivera had interfered with a  police investigation. Police urged the station to discipline Rivera, he alleges in the lawsuit.

He was suspended from his job “for at least one week,” the lawsuit says.

Rivera says police violated his First Amendment rights to “monitor” the police response to a motor vehicle accident, and his Fourth Amendment protection against unreasonable seizure.

Rivera asserts in his lawsuit that “private citizens do not need local, state or federal approval to operate a remote-controlled aircraft” and that police had no cause to believe he was “in violation of any law or regulatory requirement.”

The Federal Aviation Administration has taken the position that commercial use of drones is illegal, and that journalism amounts to commercial use of the vehicles, according to an NPPA report. That report also notes that some critics say there is no legal basis for the FAA’s position.

Rivera is seeking compensatory damages for lost wages and emotional distress, as well as punitive damages. In addition, he is asking the court for a declaratory judgment that he wasn’t violating any laws by flying the drone, and for an injunction to prevent Hartford police from “interfering with the lawful operation of drones within city limits.”

Hartford police have yet to file a response to Rivera’s claims, and they did not immediately respond to a request for comment.

Related:
PDN Video: A Photographer’s Guide to the First Amendment and Dealing with Police Intimidation
Police Intimidation Watch: New Haven Police Sued for Arresting Photographer, Erasing iPhone Video

February 20th, 2014

PDN Video: A Photographer’s Guide to the First Amendment and Dealing with Police Intimidation

Since the 9/11 terrorist attacks, news photographers have been subject to police intimidation and arrest, as if photography is a crime. But federal law protects photography and photographers, as Mickey Osterreicher, general counsel to the National Press Photographers Association, explains in this video. The challenge for photographers is knowing how to assert your rights in tense situations, without getting arrested. Osterreicher offers practical tips for staying out of trouble while getting the pictures you need. And for photographers unfortunate enough to get arrested, he suggests places to call for legal help.

Related:

Police Intimidation Watch: New Haven Police Sued for Arresting Photographer, Erasing iPhone Video

Police Intimidation Watch: Detroit Police Apologize After Video Shows Them Violating Photographer’s Rights

Police Intimidation Watch: Cop Charged with Lying About a Photographer’s Arrest