When an Oakland Tribune photographer stopped to take photos of a car crash that happened in front of him, Oakland police not only denied him access but also handcuffed him. A federal judge saw no validity in the photographer’s claim that his First Amendment rights were violated. -DB
Oakland Tribune
June 3, 2009
By Angela Woodall
A federal district court judge dismissed a lawsuit against the city Tuesday that claimed police officers infringed on an Oakland Tribune photographer’s rights when they arrested him as he was trying to shoot pictures two years ago of a car crash and the emergency response to it.
The lawsuit, filed by Tribune photographer Ray Chavez in August, stems from an incident May 4, 2007. Chavez, who was driving north on Interstate-880 in Oakland, stopped his car to take pictures after a vehicle in front of him crashed. The lawsuit alleges that an Oakland police officer blocked Chavez’ access to a news scene for no reason and interfered with a reporter’s freedom of the press. The lawsuit sought unspecified monetary damages and additional training for Oakland police on how to work with media.
But U.S. District Court Judge Charles Breyer dismissed the claim in an opinion issued Tuesday.
“We believe that clearly the judge’s decision was wrong,” said Terry Gross, an attorney with the San Francisco law firm Gross Belsky Alonso, which is representing Chavez. He said the judge misinterpreted the federal law and that they will appeal the decision and file a claim in state court.
Chavez was not arrested, but the lawsuit said that he was cursed at and was subject to humiliation after he was left on the roadside in handcuffs for 30 minutes.
The Oakland Police Department and City Attorney John Russo could not be reached for comment.
Chavez said he is disappointed by the judge’s decision. “The police are going to keep violating our First Amendment, the right to gather information and cover newsworthy spot news,” he said. “It’s unfair, not only for me, but for all journalists, because it can happen to them too.”
Staff writer Kelly Rayburn contributed to this report.
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