{"id":13217,"date":"2014-03-08T12:09:36","date_gmt":"2014-03-08T19:09:36","guid":{"rendered":"http:\/\/amicuscuria.com\/wordpress\/?p=13217"},"modified":"2014-03-09T21:57:03","modified_gmt":"2014-03-10T04:57:03","slug":"baltimore-cops-continue-to-harass-photojournalists","status":"publish","type":"post","link":"https:\/\/amicuscuria.com\/wordpress\/baltimore-cops-continue-to-harass-photojournalists\/","title":{"rendered":"Baltimore Cops Continue to Harass Photojournalists"},"content":{"rendered":"
\"Screen

Baltimore Sun Photographer Christopher T. Assaf<\/p><\/div>\n

by Carlos Miller of PINAC<\/em><\/p>\n

Baltimore, MD —\u00a0<\/strong>Still not having finalized the\u00a0$250,000 settlement<\/a>\u00a0for deleting a man\u2019s images from his phone, the Baltimore Police Department continues to harass and intimidate photographers, including a photojournalist from the Baltimore Sun last month who was trying to photograph the aftermath of an officer-involved shooting.<\/p>\n

Obviously, they would rather not let the image of a man shot by police make it into the newspaper.<\/p>\n

But they once again opened themselves up to liability by shoving photo editor Chris Assaf away from the crime scene tape, where he had every right to be, while allowing countless other citizens who were merely watching to remain behind the tape as evidenced in the last sentence of\u00a0this story.<\/a><\/p>\n

However, another Sun photographer, Lloyd Fox, managed to photograph the bullying, posting the images on their news site, revealing a\u00a0fascinating sequence of photos<\/a>\u00a0showing Assaf and the cop coming to a head-to-head standstill in the middle of the street.<\/p>\n

Very impressive effort from Assaf. \u00a0I wonder if he switched any of his cameras to video mode to capture the verbal exchange.<\/p>\n

According to the\u00a0Baltimore Sun:<\/a><\/p>\n

While photographing outside the police tape \u2014 which marked the established perimeter \u2014 an officer told him he would have to move across the street. Assaf protested, stating he was outside the established perimeter of the crime scene and he had every right to photograph from where he was standing.<\/p>\n

While asking for the officer\u2019s name, a second police officer grabbed Assaf and began pushing him across the street. Assaf on numerous occasions requested that the officer release him, saying that his rights were being violated. Baltimore Sun photographer Lloyd Fox witnessed and documented the scene. Baltimore Police said they are investigating the allegations.<\/p>\n

If this were an isolated incident caused by one overzealous police officer, it might be possible to look past it. But, as I wrote in the 2012 blog post, there seems to be a misconception among some police officers and others in authority that they can stop not only the press but anyone taking pictures or recording police activity at a crime scene.<\/p><\/blockquote>\n

The good news is that a mainstream media publication is willing to admit this was not \u201can isolated incident,\u201d which is generally the attitude they take when one of their photographers gets harassed in order to not ruin their professional relationship with the cops.<\/p>\n

But relationships work both ways. If one side disrespects the other, the other side should not hesitate to call them out on it.<\/p>\n

Besides, Baltimore police have such a sordid history of violating the rights of photographers that the United States Department of Justice issued them a set of guidelines in 2012 they must follow. But we haven\u2019t heard much from the USDOJ since.<\/p>\n

The Sun interviewed the president of the Maryland State Fraternal Order of Police, so he gave the customary spin as agreeing that we do have the right to record cops, but that sometimes the videos don\u2019t tell the whole story \u2013 neglecting to acknowledging that many times, police reports don\u2019t tell the whole story, which is why we should record\u00a0every<\/em>\u00a0interaction with police.<\/p>\n

One cop who didn\u2019t bother with the usual spin was\u00a0Baltimore County Police Chief Jim Johnson<\/a>, whose officer was caught on camera\u00a0last month<\/a>\u00a0pushing and shoving a videographer, telling him he had \u201clost\u201d his freedom of speech.<\/p>\n

\u201cThe words of and demands to cease filming by sworn personnel and citizen volunteer auxiliary officers were incorrect, inappropriate and unnecessary,\u201d Baltimore County Police Chief Jim Johnson said in a statement. \u201cThey were not helpful in bringing this incident to closure. As we already have stated, all aspects of this encounter are under investigation, and all personnel will be held accountable for their actions.\u201d<\/p><\/blockquote>\n

In fact, Johnson placed the officer on unpaid administrative leave.\u00a0But then again, the cop was an auxiliary officer, meaning he simply volunteers as an officer, so maybe he was trying to earn himself a paid position.<\/p>\n

We will never know because as critical as Johnson was of the officer\u2019s actions, he never did release his name, which is important for us to keep a track record of officers in case they become habitual offenders. No different than what they do to us.<\/p>\n

So remember, next time you get harassed for recording on the streets, do your best to ask the officer\u2019s name, which is usually required under departmental policy.<\/p>\n

But be forewarned. Cops don\u2019t like it when you ask their names so many times they will arrest you, telling you their name will be included in the arrest report.<\/p>\n

\"\"

Baltimore Sun photographer Christopher T. Assaf is confronted by police at the scene of a shooting along Centre Street under I-83.<\/p><\/div>\n

\"\"<\/p>\n

\"\"<\/p>\n

\"\"<\/p>\n

\"\"<\/p>\n

\"\"<\/p>\n

Robert Hamilton says of the \u00a0incident:<\/p>\n

A police officer forcibly escorted Baltimore Sun photo editor Chris Assaf away from\u00a0the scene of a police-involved shooting on Feb. 21<\/a>. He had been taking pictures from outside the police lines, but an officer told him he had to move back further. Assaf protested, stating he was within his First Amendment rights to be where he was standing. Another officer then forced him to move. The Sun is posting all of Assaf\u2019s images from the shooting scene as well as photos taken by Sun photographer Lloyd Fox, who witnessed and documented the incident.<\/em><\/p>\n

Lt. Eric Kowalczk, the chief spokesman for the Baltimore Police Department, said the department has opened an internal investigation into the allegation. He declined to comment more specifically on the incident, \u201cbecause we have an investigation and we don\u2019t want to prejudice that.\u201d<\/em><\/p>\n

150 Photos of the shooting aftermath<\/strong><\/a><\/p>\n

Two years ago I wrote a\u00a0blog post on the struggles of photographers exercising their First Amendment rights<\/a>\u00a0to photograph in public places, especially in a post 9\/11 era. Since then little has changed.<\/em><\/p>\n

A recent event brought this close to home when Baltimore Sun photo editor Chris Assaf was confronted by a Baltimore City police officer at the scene of a police-involved shooting. The incident happened in close proximity to The Sun at the intersection of Centre Street and Guilford Avenue, so Assaf was able to respond quickly to the scene.<\/em><\/p>\n

While photographing outside the police tape \u2014 which marked the established perimeter \u2014 an officer broke the tape and told him he would have to move across the street. Assaf protested, stating he was outside the established perimeter of the crime scene and he had every right to photograph from where he was standing.<\/em><\/p>\n

While asking for the officer\u2019s name, a second police officer grabbed Assaf and began pushing him across the street. Assaf on numerous occasions requested that the officer release him, saying that his rights were being violated. Baltimore Sun photographer Lloyd Fox witnessed and documented the scene. Baltimore Police said they are investigating the allegations.<\/em><\/p>\n

If this were an isolated incident caused by one overzealous police officer, it might be possible to look past it. But, as I wrote in the 2012 blog post, there seems to be a misconception among some police officers and others in authority that they can stop not only the press but anyone taking pictures or recording police activity at a crime scene.<\/em><\/p>\n

Just recently Sergio Gutierrez was\u00a0recording Maryland State Police making arrests<\/a>\u00a0outside a Towson bar. With the video camera rolling, an officer approached him and told him to stop because he was distracting them. When Gutierrez asked what law he was violating, an officer gets up close and tells him to \u201cshut your [expletive] mouth or you\u2019re going to jail.\u201d<\/em><\/p>\n

Gutierrez responded, \u201cI thought I have freedom of speech.\u201d The officer responded, \u201cYou just lost it,\u201d as the camera is jostled and the person recording says he is being pushed.<\/em><\/p>\n

In response, the Baltimore County Police Chief said in a statement, \u201cThe words and demands to cease filming by sworn personnel and citizen volunteer auxiliary officers were incorrect, inappropriate and unnecessary.\u201d<\/em><\/p>\n

Maryland State Fraternal Order of Police President John \u201cRodney\u201d Bartlett stated, \u201cFrom when I started policing 35 years ago, it\u2019s clearly changed. I think all of these officers out there, no matter where we are or what generation, have a certain sense now that there is a possibility that they are being recorded, they are being filmed. Based on that, we encourage our officers to be aware of that and conduct themselves accordingly.\u201d But he also said that sometimes clips that surface on the Internet or news reports don\u2019t tell the whole story.<\/em><\/p>\n

\u201cSometimes it doesn\u2019t capture the whole perspective of what\u2019s happening,\u201d he said. He cited an example of a tape where an officer\u2019s conduct is questioned, but police obtain footage from a nearby business surveillance system that shows bottles were being thrown at the officer.<\/em><\/p>\n

When confronting a photographer who is taking pictures in a public area such as a train station, police and other officials will often cite the Patriot Act as forbidding photography. The Patriot Act does not forbid photography.<\/em><\/p>\n

Someone who has been at the forefront of defending photographers\u2019 rights is Mickey H. Osterreicher, General Counsel for the National Press Photographers Association (NPPA) and editor of their\u00a0press advocacy blog<\/a>. In an article written in May 2011 by Baltimore Sun reporter Michael Dresser, Osterreicher stated, \u201cI call it the Patriot Act gone wild. For some reason, police see someone with a camera and they don\u2019t want them to take pictures or want to assert their authority.\u201d<\/em><\/p>\n

Osterreicher did a Q&A on the subject with\u00a0The New York Times blog, LENS<\/a>, in which he addressed the attack on photographers\u2019 rights to take pictures in public places. New York Times freelance photographer\u00a0Robert Stolarik<\/a>\u00a0was arrested in August 2012 while photographing police during a street brawl.<\/em><\/p>\n

As mentioned, the Baltimore City police have had their own issues dealing with photographers filming or photographing police officers. In 2010,\u00a0Christopher Sharp<\/a>\u00a0had his cell phone confiscated after filming police arresting a woman during an altercation at Preakness. Sharp, represented by the ACLU, filed suit against the Baltimore Police Department. Four years later, Baltimore is set to pay $250,000 to Sharp, according to a\u00a0settlement proposal<\/a>\u00a0that will be presented to the city\u2019s spending panel this month.<\/em><\/p>\n

The Baltimore Sun\u2019s photographers grapple with public access issues quite often. Even though the laws are fairly cut and dry, the response from authority figures is not. Whether it\u2019s a security guard, Maryland Transit Administration official or police, there are too many times when someone looks to assert authority when it\u2019s inappropriate.<\/em><\/p>\n

Meanwhile, our photographers strive to remain as professional and polite as possible while still defending their First Amendment rights as members of the press and as citizens.<\/em><\/p>\n

(Robert Hamilton is The Baltimore Sun\u2019s director of photography. Sun reporters Justin Fenton and Colin Campbell also contributed to this article.)<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

by Carlos Miller of PINAC Baltimore, MD —\u00a0Still not having finalized the\u00a0$250,000 settlement\u00a0for deleting a man\u2019s images from his phone, the Baltimore Police Department continues to harass and intimidate photographers, including a photojournalist from the Baltimore Sun last month who … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-13217","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/posts\/13217","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/comments?post=13217"}],"version-history":[{"count":4,"href":"https:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/posts\/13217\/revisions"}],"predecessor-version":[{"id":13289,"href":"https:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/posts\/13217\/revisions\/13289"}],"wp:attachment":[{"href":"https:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/media?parent=13217"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/categories?post=13217"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/amicuscuria.com\/wordpress\/wp-json\/wp\/v2\/tags?post=13217"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}