Photographer sues and loses.

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" wrote in message ...
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.


I don't recall reading that in the bill of rights.



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.


Ahh! Cops inventing laws again.


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.

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!

On 2009-06-04 12:25:53 -0700, John McWilliams said:

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."

This is the crux of the matter right here. Chavez was not arrested for
taking pictures. He was arrested for endangering himself and the
general public by getting out of his car. His car, which was not an
emergency vehicle, may have blocked emergency vehicles from getting to
the accident scene. It could have obstructed traffic and created a
hazard. His wandering around the accident scene might also have created
a distraction and hazard to other drivers. He could have caused another
accident. Would he have demanded the right to photograph that one, too?

This is the same as the FAA putting up a temporary flight restriction
over accidents and major fires and the like. The idea is to keep news
and other aircraft safe -- not to prevent reporting the news. During
the eruption of Mt. Saint Helens, Chavez would not have been allowed to
approach the mountain closer than five miles. That does not infringe on
his First Amendment rights; it keeps him from becoming a casualty and
keeps people from having to risk their lives rescuing him.

But then the account of what really happened is far more disturbing:

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.

Okay, what we have is an officer of the law who is attempting to censor
the press. We have a police office deciding what gets published and
what does not. He does not mention public safety. He does not tell
Chavez that he is a hazard. He says that "these kind of photos" don't
need to be taken.


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.

So it clearly was a case where the safety issue is an afterthought, an
excuse for censoring the press -- the chief motivation of the arresting
officer was to censor the press. The appellate judge will probably be
overturned on appeal because of this.



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.

Irrelevant background. He could have been a rookie for all I care.

--
Waddling Eagle
World Famous Flight Instructor