Photographer sues and loses.

Discussion in 'Digital Photography' started by John McWilliams, Jun 4, 2009.

  1. 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.
     
    John McWilliams, Jun 4, 2009
    #1
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  2. 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!
     
    Michael Dobony, Jun 6, 2009
    #2
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