VID: Cops Harassing Reporters Not a New Thing

On Wednesday,
two reporters were arrested while covering the protests
over the death of Michael Brown in Ferguson, Missouri. Wesley
Lowery of the Washington Post and Ryan Reilly of the
Huffington Post claimed they were assaulted and arrested
after failing to vacate a McDonald’s quickly enough. The two were
released hours later with no official charges filed. 

The arrests of both journalists—in addition
to images of an Al Jazeera news team fleeing clouds of tear
gas—have raised serious concerns about law enforcement violating
freedom of the press. 

Tension between cops and reporters is not a new thing. Back in
2013, Reason TV’s Paul Detrick told the story of Shawn
Nee, a documentary photographer in Hollywood, California who
experienced harassment from the LAPD after he took photos of a
domestic dispute while working on a Los Angeles street. 

Originally released on August 7, 2013 and approximately 5
minutes. Original writeup below.

Shawn Nee is an award winning street and documentary
photographer living in Hollywood, California. He says that on June
2, 2013, his right to take photos under the First Amendment was
violated when Los Angeles Police Department officers detained him
while working in Hollywood. Nee wears multiple body cameras on his
person when he shoots photos in public and provided an edited
version of June 2nd’s events exclusively to Reason TV.

“People have the right to take pictures in a public space and
that includes photographing [police],” says Nee. “People have the
right to know what goes on in their communities and in public.”

Nee was standing on a residential sidewalk taking pictures of a
man he had been photographing for years when LAPD officers showed
up about 90 feet away to investigate a domestic dispute. Nee took
photos of the dispute from behind two chain link fences when he was
approached by an officer. The transcript was as follows:

OFFICER: What’s your name?

NEE: Am I being detained, sir?

OFFICER: How am I detaining you if I’ve got a fence between me?
You want me to come around and detain you? 

NEE: Why would I be detained, sir? 

OFFICER: I’m not detaining you, I’m asking you a question.
What’s your name? 

NEE: I’m not required to answer that question, sir.

Reason TV showed the video to Andy Neiman, the officer-in-charge
at the Media Relations Section at the LAPD. He said he could not
comment on the video specically but said of individuals taking
pictures, “If their physical proximity to the investigating
officers becomes interfering where an officer has to stop what
they’re doing to admonish that individual that they’re too close or
could you stand back because they are distracting from the
officer’s business, then that’s where it becomes an issue.”

But Nee says he was so far away from the investigation that the
officers had to walk down a 60 yard driveway, enter their squad
car, and drive to the location where he was taking photographs
around the corner from the initial investigation just to detaine
him. This is the conversation that happened once they got
there:

OFFICER: Could you put your camera down for me?

NEE: Am I being detained, sir?

OFFICER: Yes.

NEE: For what purpose, sir?

OFFICER: Put your camera down.

NEE: Why am I being detained, sir?

OFFICER: For interviewing … interfering with a police
investigation. 

NEE: How was I doing that, sir?

Later, a supervisor, identified as Sergent Rudy V. Vidal showed
up and interacted with Nee:

NEE: My understanding is that I was detained for taking photos
in a public space.

VIDAL: When it interferes with the job of police then it becomes
a problem. At that point, you no longer have that freedom to go
ahead and take your pictures.

Sergent Vidal was named as a “problem officer” by the
Independent Commission on the Los Angeles Police Department
(Christopher Commission) in the early 1990s, as reported by the Los
Angeles Times in 1995. The Commission named 44 officers with “six
or more complaints of excessive force or improper tactics between
1986 and 1990.”

Nee is a plaintiff in a lawsuit against the Los Angeles County
Sheriff’s Department along with two other photographers and is
represented in that case by the American Civil Liberties Union of
Southern California.

Nee has been published by National Public Radio, F8 magazine,
the Los Angeles Times, and blogs at boywithagrenade.org.

Produced by Paul Detrick. Shot by Detrick and Zach
Weissmuller.