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NPPA Joins Lawsuit Against NYPD

October 22nd, 2012 by and tagged , , , , , , , , , , , , , ,

Today the National Press Photographer’s Association (NPPA) announced that it was joining 5 elected officials and almost a dozen members of the press in a lawsuit against the New York Police Department (NYPD) and JP Morgan Chase. The lawsuit alleges that the City of New York, the MTA, the NYPD, Brookfield Properties, and JP Morgan Chase conspired to violate the First Amendment rights of press members who were arrested while covering the “Occupy Wall Street” protests. The amended complaint seeks both redress against police misconduct during these arrests and that a federal independent monitor be appointed to observe future NYPD incidents involving the press.

NPPA joins this lawsuit on behalf of its 7000 members, including Plaintiff Stephanie Keith. Recently awarded the Newswoman of the Year Award by the Newswoman’s Club of New York, Ms. Keith was arrested twice while covering the Occupy Wall Street protests. “I joined this lawsuit because as a working journalist I’ve been arrested, thrown to the ground, hit with batons and yelled at by the NYPD while doing my job on assignment” said Ms. Keith. “I have seen my fellow journalists being treated this way as well. Why should journalists be subjected to trauma inducing harassment on the job?”

Sean D. Elliot, President of NPPA, stated that NPPA joined the lawsuit so that “it can effectively address the continuing course of conduct by the NYPD against its members and others that has chilled our Constitutionally protected rights to gather and disseminate news.”

Other plaintiffs in this lawsuit were quick to praise NPPA for joining as a new party. “We are pleased and honored to have the NPPA join our efforts, and we look forward to working with them towards the goals of justice, accountability and freedom of expression,” said Sam Cohen, one of the attorneys at the helm of the case. Yetta Kurland, a civil rights attorney assisting with the case, remarked that “The NPPA and other members of the press play a vital role in getting the message of OWS out to the world. Arresting the press isn’t just an attempt by the City and JP Morgan Chase to suppress the press and freedom of speech and expression, but also to suppress the message of Occupy.”

Posted in Assault on Photographers, Attack Photographers, Commissioner Raymond Kelly, First Amendment, First Amendment rights, Lawsuit, National Press Photographers Association, News Photography, Newsgathering, NPPA, NYPD, Occupy Wall Street, Occupy Wall Street Arrests, photographers, Photographers' Rights, photojournalism, Police, Recording Police | No Comments »

NPPA Along With 13 Media Groups Sends Letter to NYPD Regarding Police-Press Relations

October 1st, 2012 by and tagged , , , ,

The National Press Photographer’s Association (NPPA) along with 13 other media organizations sent a letter to the New York Police Department (NYPD) Commissioner Raymond W. Kelly today requesting another meeting to discuss recent police incidents involving journalists in New York City. Joining in the letter were: The New York Times, The New York Daily News, the Associated Press, Thomson Reuters, Dow Jones, the New York Press Club, the New York Newspaper Publishers Association, the New York Press Photographers Association, the American Society of Media Photographers, the Reporters Committee for Freedom of the Press, the Radio Television Digital News Association, the Society of Professional Journalists and the Committee to Protect Journalists.

The first incident desribed in the letter involved the arrest of New York Times photographer Robert Stolarik on August 4, 2012, in the Bronx. Stolarik was interfered with and arrested for taking pictures of an arrest which was being conducted as part of New York City’s controversial “stop and frisk” program. Throught the efforts of NPPA general counsel Mickey Osterreicher and New York Times deputy general counsel George Freeman, Stolarik was able to recover his equipment a week later and his credentials on August 23, 2012. Although Stolarik filed a complaint with the NYPD Internal Affairs Bureau immediately after his release the report of that investigation has not been released.

“We are also deeply concerned because his arrest appears to be in direct contravention of a 6/2/77 Stipulation and Order in the U.S. District Court for the Southern District of New York in the matter of Black v. Codd, which was incorporated verbatim into the NYPD Patrol Guide in 2000 at PG 208-03 under the heading “Observers at the Scene of Police Incidents,” Osterreicher wrote in his letter to the NYPD.

Also of concern to the group was the treatment of journalists on September 17, 2012, when members of the NYPD “interfered with, assaulted, detained and in some cases arrested members of the media who were on a public street covering the anniversary of the Occupy Wall Street protests.” Media members reported that officers told them that they were not allowed to use their cameras in a public area before using batons to force them from the area. Another group of journalists present were threatened with arrest if they failed to leave the area, even though the same police officers were permitting members of the public to pass through the same area.

“It is our strongly asserted position that while the press may not have a greater right of access than the public, they have no less right either,”  Osterreicher wrote. “We strongly object to any journalists being harassed, intimidated and arrested when clearly displaying press identification solely because they were not considered to be ‘properly credentialed’ by the police,” he added.

The letter concluded by stating, “given these ongoing issues and incidents we believe that more is needed in order to improve police-press relations and to clarify the ability of credentialed and non-credentialed journalists to photograph and record on public streets without fear of intimidation and arrest. Therefore, we urge you meet with us once again so that we may help devise a better system of education and training for department members starting from the top down.”

Posted in Access, Assault on Photographers, Attack Photographers, Commissioner Raymond Kelly, First Amendment, First Amendment rights, National Press Photographers Association, New York TImes, News Photography, Newsgathering, NPPA, NY Daily News, NYPD, Occupy Wall Street, Occupy Wall Street Arrests, photographers, Photographers' Rights, photojournalism, Police, Press Credentials, Recording, Recording Police, Robert Stolarik | No Comments »

NPPA Replies to Comments Made by DCPI Browne Regarding “Mythical Arrests” of Journalists in NY

June 9th, 2012 by Mickey Osterreicher and tagged , , , , , ,

The NPPA has sent a response to comments made by DCPI Paul Browne during an interview with NYPD Commissioner Raymond Kelly and Queens Chronicle Editor-in-Chief, Peter C. Mastrosimone.

See:

http://www.qchron.com/editions/queenswide/kelly-talks-policy-and-politics/article_2671bf68-065f-5926-923f-0e6caedf25e2.html

As well as:

http://politicker.com/2012/06/nypd-spokesman-says-stories-of-reporters-arrested-at-occupy-raid-were-a-total-myth/.

The email:

Paul,

I read with disappointing disbelief your recent statement in the Queens Chronicle “that only one journalist was arrested during the operation, despite stories to the contrary,” which you called “a total myth.” I also found it incredulous that given our media coalition letter of November 21, 2011, which addressed the arrests of journalists in and around Zuccotti Park; and during our meeting with you and Commissioner Kelly on November 23, 2011, no one ever raised the issue that “Occupy Wall Street protesters were forging press credentials in an effort to get through the police lines.” To hear you now deny your department’s culpability by claiming that “actual reporters” were not arrested is an absolute revision of history and is more appropriate as part of “1984 Newspeak” than coming from the Deputy Commissioner for Public Information for the NYPD.

I will not get into the actual numbers of “journalists” arrested but suffice to say that many of those arrested have read your comments and find nothing “mythical” about what happened to them. I can also state, after having represented two NPPA members who were arrested and charged, that the court took judicial notice of the letters submitted on their behalf from Agence France Press and TV New Zealand when dismissing their disorderly conduct charges in the interest of justice. Even with updates to the Politicker story now acknowledging “two journalists” being arrested and assertions from Stu Loesser that “there’s no discrepancy” between his November statement that “five credentialed reporters” had been arrested, I would direct your attention to the facts found in the post – setting the record straight.

In a vain attempt to distinguish between real and “fake” journalists I would also suggest that the NYPD take note of the decision in Glik v Cunniffe, 655 F.3d 78 (1st Circuit, 2011) in which the court stated “that the First Amendment right to gather news is . . .  not one that inures solely to the benefit of the news media; rather, the public’s right of access to information is coextensive with that of the press. Houchins, 438 U.S. at 16, 98 S.Ct. 2588 (Stewart, J., concurring) (emphasis added).

The court went on to say “changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw. The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders with a ready cell phone or digital camera rather than a traditional film crew, and news stories are now just as likely to be broken by a blogger at her computer as a reporter at a major newspaper. Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status.” I cite this case not for the proposition that NYPD cease issuing credentials (although I do have a problem with your onerous credentialing requirements) but for you to consider that your revision of what actually transpired sounds more like the archaic “outside agitators” claim than it does of someone with an understanding of evolving standards of media technology and social policies.

The point is there were far more than one or two journalists who were arrested, detained  or interfered with while trying to cover a matter of public concern. During our meeting in November you in no way suggested otherwise. Journalists should not be arrested for viewing or covering protests in public places as long as they do not interfere with police actions, whether or not they have credentials. Credentials, as your guidelines state, give those journalists additional access in certain circumstances but in no way should that warrant or justify the arrest of non-credentialed observers in a public forum.

While we greatly appreciate the Commissioner issuing his Finest message as a result of our November meeting it appears, given your comments, that there is much more that needs to be done. I take this opportunity to once again offer our expertise in helping to implement improved guidelines and training of officers regarding First and Fourth Amendments rights. I have recently done such training with the Washington DC Metro Police as well as the Chicago, Tampa and Charlotte-Mecklenburg Police Departments in preparation for the NATO Summit and the upcoming national political conventions in those cities. I personally observed the protests in Chicago and found that the police exercised incredible restraint in handling the protesters and those covering the protests and did not differentiate between credentialed and non-credentialed press in allowing access. As a result only one Getty photographer was arrested during three full days of (non-permitted) protests through the streets of downtown Chicago. Working with the Reporters Committee for Freedom of the Press we were able to have the charges against him immediately reduced and expedite his release on bond.

If you and the Commissioner truly wish the new police academy to be the “West Point of law enforcement” I would strongly urge you to include the media in your training program rather than remain in a state of denial.

I look forward to continuing to strive together in an effort to improve police-press relations, the first step in which is keeping the facts straight.  Thank you for your attention in this matter.

Very truly yours,

Mickey H. Osterreicher
General Counsel
National Press Photographers Association (NPPA)

716.566.1484 (TEL)

716.983.7800 (CEL)
716.608.1509 (FAX)

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Posted in Commissioner Raymond Kelly, DCPI Paul Browne, First Amendment, First Amendment rights, Mythical Arrests, National Press Photographers Association, News Photography, Newsgathering, NPPA, NYPD, Occupy Wall Street, Occupy Wall Street Arrests, photographers, Photographers' Rights, photojournalism, Politicker, Queens Chronical, Recording Police, Zuccotti Park | No Comments »