Photographers Ethics vs. Insecure Campus Police

Justin Kenward’s account of the events on Thursday, September 16, 2010.

I have worked at the Government as a Digital Imaging Specialist and a newspaper named the Claremont Courier. This in combination with my education at Chaffey College I’ve developed a basic understanding of my rights as a photojournalist. So it came as a huge surprise when a city firefighter and campus police would so bluntly deny me my right to photograph a news event in a public parking lot.

On Thursday, September 16, 2010 I was working at the student newspaper “The Breeze.” Roughly around 4:00 pm when the paramedics rushed passed the newsroom with an older unidentified patient on a paramedic’s stretcher, in keeping with my professional instincts and on order of Steve Bovi Editor-in-Chief I grab my camera and headed out to photograph the breaking news event.

On the scene of the event in the VSS parking lot at Chaffey College I shot 28 photos in approximately 5 minutes. All photographs where shot from a distance of approximately 20 to 30 feet away from the emergency response teams and patient. Not once did I cross in front of the firefighters, paramedics or campus police. A reporter and Sports Editor named Daniel Zaldivar accompanied me. Steve Bovi Editor-in-Chief watched from a distance.

My first and only photograph of the patient was shot the second I arrived on scene. The patient had not yet been placed in the ambulance, sitting upright, talking on a cell phone and he even smiled and waved at me when he saw me with my camera. At which point paramedics informed me that I couldn’t shoot photographs of the patient while he is in the ambulance because of doctor patient confidentiality. As there was no doctor on scene I doubted the legality of this demand, but decided to comply out of uncertainty and stop photographing the patient.

Remaining approximately 20 to 30 feet away from the scene. I began photographing firefighters, paramedics, campus police, the fire truck and the ambulance from all sides. A few moments passed when cadets of the campus police said that I couldn’t shoot any photographs. I identified my self as being with the student newspaper “The Breeze” and the cadets walk away.

A few moments passed and a firefighter later identified as Chad Comeau of the Rancho Cucamonga Fire District, Truck 175, walks 20 to 30 feet to me and orders me to not shoot any photographs. I identified my self as being with the student newspaper and the firefighter responded by saying that he didn’t care and that I can’t shoot any photographs. Knowing that I was not interfering in anyway and that the firefighter had just given me an illegal order I asked for his name. He gave me his name and spelled it out. Even asking me if I wanted his captain’s name and number. I shot a few more photos of the fire truck and ambulance from over 40 feet away then I walked back to the newsroom. Stopping to talk to Steve Bovi on the way. Once in the newsroom I informed the advisor Doug Walsh of what happened.

After about 3 to 10 minutes a member of the emergency response team enters the newsroom with Officer Acosta of the campus police to identify Daniel Zaldivar and myself. Acosta instructs us to get our ID’s and accompany him out side. Doug Walsh informs Acosta of his position as instructor to The Breeze and Acosta takes Doug Walsh’s ID as well. About 10 minutes after exiting the newsroom, Acosta directs Steve Bovi to join us. The event to follow was dragged out for approximately an hour.

Once outside Acosta runs through a series of intimidation tactics. At this time Daniel Zaldivar heard him say 187, the numeric code for the crime of murder into his radio and also threatening us with 2 weeks expulsion, even though he has no authority to do so. While Doug Walsh was trying to inform Acosta of journalist’s rights and what we can and can’t do while Acosta makes it very evident in body movement that he is not interested in listening. Acosta attempts to force me to give him my photographs more then 5 times in a row. With each attempt Acosta makes to gain access to my photographs I rejected him, sighting “prior restraint” and other ethical concerns.

After about 45 minutes Vice President Sherrie Guerrero, Executive Director of Human Resources Lisa Bailey and Dean Michael Dinielli arrived. We all spent a good amount of time going over what happened. Sherrie Guerrero and Lisa Bailey with missing knowledge of photojournalist’s rights attempted to convince me to give my photographs to Acosta. Again and under a huge amount of stress I confidently declined sighting “prior restraint.” About an hour into this we decided that the conversation was not progressing. At which point Sherrie Guerrero and Lisa Bailey instructed Acosta to do as he wished. Acosta said that he was going to speak with the firefighter and decide what to do from there.

At approximately 8:00 pm Acosta returns to The Breeze. Forcing Doug Walsh to remain inside while Acosta took me out of the building without witnesses. I was informed that I was not being arrested but I was being charged with PC 148.2 (1) interfering with a firefighter and PC 148.2 (2) Disobeying an order from firefighter. At this time I didn’t say a word. I just listened and signed the notice to appear. Without incident I returned to the newsroom and continued my work.

It's now been four weeks later and the campus police have made a number of attempts to see my photographs. Never once asking my lawyer, but directing the request through a trusted instructor. Even now I hold my ground. Meanwhile, campus police have yet to actually file charges with the district attorney.

This is all of the facts as I know them to this point. Campus police have distributed a statement to other publications, but neither my lawyer or myself have been allowed to view it. It's also worth mentioning that depending on who the campus police speaks to, a different story is told on their end. I'm confident that the facts as I've documented them only proves my innocents. Though my goal is not to tarnish the name of Chaffey College, but to enhance. I only hope that campus police drop all charges and work with The Breeze to develop a better working relationship for years to come.

The what tax?

So it seems California has started a dine in tax. "Would you like that for here or to go? For here? HA! TAX'em!" In my research I've found that California is not the first state to do this. Though had no issues in joining other states in this fad. When I read the notice posted in my local Subway I asked, "Why?" I was told that "it's not free to clean and run the A/C. To say nothing of the refills on soda." Huh? I don't even drink soda. And it's the employees who get the most use out of the A/C. Also, does this mean that I should no longer concern myself with putting my trash in the trash can? Perhaps I shouldn't bothered to flush when using the restrooms. After all, tax's are paying for some one else to flush the toilet.

So now I can't help but wonder if Chaffey is going to be forced to do a dine in tax when the new food court is built. If so, what about the students who bring lunch and heat it up using the microwave provided to the students? Are they going to be taxed just because they have a hot cup of noodles sitting on the table? How about the students who brought in a bottle of water and are just socializing with other students? All I really know is that this feels wrong.

A Moment In Time.

What does a photographer do? We shoot photos, that's a given. But it's never as simple as pushing a button on a plastic box. There is no Pulitzer Prize mode on my camera. There is no photoshop tool that can make a perfect image. A photographers role is to capture a moment in time.

While I was laying down on a log, and looking up at the trees I could see it. All of it. I could see joy and sorrow. Prosperity and poverty. Peace and war. I could see it all in the leaves, clear as day.

If my role is to capture a moment in time, then I have failed in this image. What I had seen under those trees, isn't in this image. No matter though. I don't have to get it on film to know that I seen it. Or to know that what I seen is everything that matters. Perhaps that moment was just for me.

Lifes a Beach...

As photo editor at The Breeze, it isn't often I have the ability to venture out in to the world with my fellow photographers. True, I shoot a lot of photos for The Breeze and my internships. Though a photojournalist tends to work alone when on assignment. So I jumped on the opportunity to join my trusted photographers, Julie Cosgrove and Fernando Sarabia at Venice Beach.

Cosgrove has proven to be an excellent addition to my team of photographers. As she is the former editor of The Breeze she has been able to assist in my transition from photographer to photojournalist, and has been a key element in the adjustment of working with writers. Don't get me wrong. While the last two Editor-in-Chief's where able bodies in photography, there not photographers. There for, they could never really grasp how important photography is to us. Cosgrove allowed me to vent my frustrations in a way that no one else at The Breeze could understand.

Sarabia consistently provides me with colorful, action packed images of the one subject in which I have the least interest in photographing, Sports. I can depend on him going to home and off campus games. While there have been other photographers who have provided me with sports photos. None have been as passionate and dependable as Sarabia.

Between the two of them, The Breeze has been able to publish a wonderfully attractive paper with strong imagery. That in combination with interesting stories from our talented staff writers makes us one hell of a good publication.

Below are more photos I shot that day at Venice Beach, Enjoy .

Let There Be Art...

As I reread the last issue of The Breeze I realize the student newspaper did a disservice to the artists who participated in the spring, 2010 Student Invitational. Not without just cause though. Each semester I eagerly look forward to photographing student art being shown at the Wignall. When I photograph a student art show I do so in a way I’d want to read it in the paper. Also, in the past I could count on having a two-page center spread dedicated for the Student Invitational. The May 3, 2010 issue of The Breeze just didn’t have enough space for all the good stories and my two-page art show spread.

I’m sure the artists of the Student Invitational can respect the space management. Never the less I feel they should know that I actually fought for them. Voicing my belief and my disappointment as to not having more space for the hardworking and dedicated artists. To make up for it I’ve posted photos of the Student Invitational below.