Homeless encampments comprised of makeshift tents line one street in Sacramento, Calif. (Photo: Hu Nhu/Wikimedia Commons)
In August Gov. Gavin Newsom threatened local leaders who have not cleared homeless encampments to do so or risk losing state funding. City and county officials statewide are responding.
Last Monday, the Sacramento Police Department attracted scrutiny when it barred reporters from access to the high-profile clearing of Camp Resolution. The Sacramento Bee reported: “The city of Sacramento might have violated state law when it blocked journalists from entering the entire block where it was clearing a homeless camp…”
The Bee’s Theresa Clift talked to FAC Legal Director David Loy for the story, who said:
I have very substantial concerns this violates the First Amendment,” Loy said. “The press and public have the right to record police from a reasonable distance. They cannot interfere with operations but they have a right to observe. This sounds like an excessive restriction on the right to record and cover police activities … I don’t see how they can close off an entire block.”
A word to city officials who are planning their own encampment sweeps: the First Amendment guarantees the right to observe and record the actions of public employees, and the press and public cannot be prevented from doing so from a public street, sidewalk, or park as long as they do not interfere with police or other operations.