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.