On Thu, 04 Jun 2009 12:25:53 -0700, John McWilliams wrote:
> Henry K. Lee, SF Chronicle Staff
> Wednesday, June 3, 2009
>
>
>> A federal judge has dismissed a lawsuit filed by an Oakland Tribune
>> photographer who accused officers of illegally barring him from taking
>> pictures at a freeway crash scene and handcuffing him when he persisted.
>>
>>
>> Ray Chavez, 45, said officers had interfered with his right as a member of
>> the press to cover news, specifically a car crash and the emergency response
>> time. The 2007 incident caused him to be "arrested and handcuffed without
>> justification solely due to the exercise of First Amendment rights," said
>> his suit, filed in U.S. District Court.
>>
>>
>> But in a ruling Tuesday, U.S. District Judge Charles Breyer in San Francisco
>> dismissed the suit, saying the media has no First Amendment rights to access
>> accident or crime scenes if the general public was excluded.
>>
>>
>> Breyer said Chavez "does not offer any evidence that suggests that the
>> general public had a right to exit their vehicles on the freeway and stand
>> in the freeway to take photographs. Moreover, common sense dictates that
>> members of the general public are not allowed to exit their cars in the
>> middle of the freeway to view an accident scene."
>>
>>
>> Chavez said that he was "so disappointed with the judge's decision."
>>
>>
>> On May 4, 2007, Chavez was driving north on Interstate 880 near the 29th
>> Avenue exit in Oakland when a car in front of him crashed and rolled over in
>> the fast lane. Chavez, wearing his press credential around his neck, got out
>> of his car and began taking pictures, "considering this a spot news matter,"
>> the suit said.
>>
>>
>> Oakland police Officer Kevin Reynolds told Chavez that he should leave, the
>> suit said. When Chavez replied that he had a right to be there as a member
>> of the press, Reynolds angrily told him that he "didn't have any business
>> here (and) that it was a crime scene," the suit said.
>>
>>
>> After Chavez took photos of an arriving ambulance, Reynolds blocked his
>> camera and told him, "You don't need to take these kind of photos,"
>> according to the suit.
>>
>>
>> Reynolds asked for Chavez's identification and began writing him a citation,
>> the suit said. As a California Highway Patrol cruiser arrived, Chavez again
>> took pictures. That prompted Reynolds to say, "That's it.
>> You're under arrest," the suit said.
>>
>>
>> The officer made Chavez sit next to the overturned car with his hands behind
>> his back for a half-hour, the suit said. Passing motorists mistakenly
>> believed Chavez had caused the crash and "cursed and made derogatory
>> references to and signs at plaintiff while he sat on the ground handcuffed,"
>> the suit said.
>>
>>
>> Oakland police Officer Cesar Garcia told Chavez that he would be cited for
>> impeding traffic and failing to obey a lawful order. The officers gave him
>> the citation, removed the handcuffs and let him go, but not before Reynolds
>> warned him, "Don't ever come here again to take these kinds of photos," the
>> suit said.
>>
>>
>> Chavez was named photojournalist of the year in 2008 by the National
>> Association of Hispanic Journalists. He has been with the Tribune for 15
>> years.
This is the same judge who blocked the Bush administration from punishing
illegal aliens. This corrupt judge thinks illegal aliens have more rights
than citizens!
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