Sep 28, 2012
"I had journalists who were poking fun at me, while I was in jail, on Twitter and social media" ~ journalist Susie Cagle
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"I had journalists who were poking fun at me, while I was in jail, on Twitter and social media" ~ journalist Susie Cagle
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What's Wrong With This Picture? The story of my #S17 arrest
Photographer Julia Reinhart was arrested at #S17 protests, putting the Twitterverse in a tizzy and even being covered at the Gothamist.
She gives us her full account at Occupied Stories:
I took one more shot of the cops standing at the corner, when the white shirt officer in charge of the scene pointed at me and said: “That’s it. She’s done. Take her,” and he promptly grabbed my hand. I shouted out that I’m an independent photographer, and showed him my credentials from the National Press Photographers’ Association. The officer looked at my badge and said “they’re not ours, so I’m not interested.”
the entire law under which Oakland Police arrest journalists
Important update: San Francisco attorney Geoff King, who told me in May that my being chased by an OPD motorcycle on a sidewalk was "sucky," says that I misread this law as applying to civil unrest as opposed to natural disasters. King, who also works as a journalist advocate with the SPJ, then said I would be responsible for journalists being charged with crimes if they follow my analysis of the law. I'm willing to go with the first part; not so much the second. But maybe that's why I don't get meetings with the mayor! Original post below for reference.
For reference before Obama draws many protesters to downtown Oakland this coming Monday and OPD overreacts.
California Penal Code Section 409
409. Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor. 409.3. Whenever law enforcement officers and emergency medical technicians are at the scene of an accident, management of the scene of the accident shall be vested in the appropriate law enforcement agency, whose representative shall consult with representatives of other response agencies at the scene to ensure that all appropriate resources are properly utilized. However, authority for patient care management at the scene of an accident shall be determined in accordance with Section 1798.6 of the Health and Safety Code. For purposes of this section, "management of the scene of an accident" means the coordination of operations which occur at the location of an accident. 409.5. (a) Whenever a menace to the public health or safety is created by a calamity including a flood, storm, fire, earthquake, explosion, accident, or other disaster, officers of the Department of the California Highway Patrol, police departments, marshal's office or sheriff's office, any officer or employee of the Department of Forestry and Fire Protection designated a peace officer by subdivision (g) of Section 830.2, any officer or employee of the Department of Parks and Recreation designated a peace officer by subdivision (f) of Section 830.2, any officer or employee of the Department of Fish and Game designated a peace officer under subdivision (e) of Section 830.2, and any publicly employed full-time lifeguard or publicly employed full-time marine safety officer while acting in a supervisory position in the performance of his or her official duties, may close the area where the menace exists for the duration thereof by means of ropes, markers, or guards to any and all persons not authorized by the lifeguard or officer to enter or remain within the enclosed area. If the calamity creates an immediate menace to the public health, the local health officer may close the area where the menace exists pursuant to the conditions set forth in this section. (b) Officers of the Department of the California Highway Patrol, police departments, marshal's office or sheriff's office, officers of the Department of Fish and Game designated as peace officers by subdivision (e) of Section 830.2, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of Section 830.2 may close the immediate area surrounding any emergency field command post or any other command post activated for the purpose of abating any calamity enumerated in this section or any riot or other civil disturbance to any and all unauthorized persons pursuant to the conditions set forth in this section whether or not the field command post or other command post is located near to the actual calamity or riot or other civil disturbance. (c) Any unauthorized person who willfully and knowingly enters an area closed pursuant to subdivision (a) or (b) and who willfully remains within the area after receiving notice to evacuate or leave shall be guilty of a misdemeanor. (d) Nothing in this section shall prevent a duly authorized representative of any news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section. 409.6. (a) Whenever a menace to the public health or safety is created by an avalanche, officers of the Department of the California Highway Patrol, police departments, or sheriff's offices, any officer or employee of the Department of Forestry and Fire Protection designated a peace officer by subdivision (g) of Section 830.2, and any officer or employee of the Department of Parks and Recreation designated a peace officer by subdivision (f) of Section 830.2, may close the area where the menace exists for the duration thereof by means of ropes, markers, or guards to any and all persons not authorized by that officer to enter or remain within the closed area. If an avalanche creates an immediate menace to the public health, the local health officer may close the area where the menace exists pursuant to the conditions which are set forth above in this section. (b) Officers of the Department of the California Highway Patrol, police departments, or sheriff's offices, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (g) of Section 830.2, may close the immediate area surrounding any emergency field command post or any other command post activated for the purpose of abating hazardous conditions created by an avalanche to any and all unauthorized persons pursuant to the conditions which are set forth in this section whether or not that field command post or other command post is located near the avalanche. (c) Any unauthorized person who willfully and knowingly enters an area closed pursuant to subdivision (a) or (b) and who willfully remains within that area, or any unauthorized person who willfully remains within an area closed pursuant to subdivision (a) or (b), after receiving notice to evacuate or leave from a peace officer named in subdivision (a) or (b), shall be guilty of a misdemeanor. If necessary, a peace officer named in subdivision (a) or (b) may use reasonable force to remove from the closed area any unauthorized person who willfully remains within that area after receiving notice to evacuate or leave. (d) Nothing in this section shall prevent a duly authorized representative of any news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section.
Some of the choice audio from my latest arrest at Occupy Oakland (ugh). There are two clearly marked edits, made to compress for the good stuff.
Hi Johnna, Please give me a call when you can -- I have several questions for the OPD regarding yesterday's Occupy actions, including handling of the press. My understanding is that a reporter from the SF Bay Guardian was held in custody overnight. I was detained as well. Thanks. Hi Susie, The Oakland Police Departments Internal Affairs Division is investigating this incident. Therefore I can not discuss your email questions.
My correspondence with Oakland Police Department Public Information Officer Johnna Watson today after arrests/detentions of six journalists at January 28 Occupy Oakland "Move-In Day" kettling actions. Watson did not file an IA investigation into my arrest until several weeks after it had happened. Progress?Â
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XI. Public Information and the Media A. The media have a right to cover demonstrations, including the right to record the event on video, film, or in photographs. B. OPD members shall accommodate the media in accordance with Department policy. C. The media shall be permitted to observe and shall be permitted close enough access to the arrestees to record their names. Even after a dispersal order has been given, clearly identified media shall be permitted to carry out their professional duties in any area where arrests are being made unless their presence would unduly interfere with the enforcement action. D. Self-identified legal observers and crowd monitors do not have the same legal status as the professional media and are, therefore, subject to all laws and orders similar to any other person or citizen. Said personnel must comply with all dispersal orders similar to any other person or citizen. A supervisor or commander may allow a person who self-identifies as a legal observer or crowd monitor to remain in an area after a dispersal order if circumstances permit and if the person’s presence would not unduly interfere with the enforcement action. E. On request, the Incident Commander or a supervisor may inform the media, legal observers, crowd monitors, police liaison, and/or organizers about the nature of any criminal charges to be filed against arrestees, the location where arrestees are being taken, and the Department’s intent for arrestees to be cited out or booked at a custodial facility. F. The media, legal observers, crowd monitors, police liaison, and/or organizers shall never be targeted for dispersal or enforcement action because of their status.
OPD Crowd Control standards section on media.
Senator Adams retired as a police captain. He loved the blue and all it implied, and acknowledges he was not above cursing the laws that restrained him. “Who wouldn’t like unlimited power?” he said. That is precisely why the past decade worries him so. “If the police and the mayor won’t follow their own rules, whose rules will they follow?” he says. “And very few people ask any questions.” New York, Mr. Adams says, “is leading the way in not wanting to know where it’s going.”
The Rules on News Coverage are Clear, but the Police Keep Pushing, at the NY Times