First Amendment Issues Raised As Valley Plaza Security Guards Tackle 29 Eyewitness Photographer To Ground
Fifty-two year-old news photographer Chuck Dennis was almost done videotaping the aftermath of an armed robbery at Valley Plaza Mall on September 9th. As Dennis was in the parking lot shooting Bakersfield police on scene just outside Macy's, a man in plain clothes approached Dennis and barks out, "Sir, I'm going to ask you to stop filming at this point and leave the mall please," said the plain clothes man without identifying himself.
Dennis responds he's not leaving and tells the man in plain clothes, later identified as head security guard Dexter Owens that under the U.S. Constitution, he's got a right to be there doing his job. Owens attempts to grab the camera away from Dennis as he grabs the photographer from behind in a choke hold. At least three other security guards come and tackle Dennis to the ground who is still holding on to his camera. Everything is caught on tape. The camera never stopped rolling. The whole incident baffled several local attorneys who have nothing to do with the case.
"The big question is, was it necessary to wrestle somebody to the ground?" said attorney George Martin with Borton-Petrini and Conron law firm. "The little bit of tape I saw was twenty seconds of discussion and boom, the camera goes to the ground. That's way over the line," said Martin.
Dennis suffered cuts and bruises in his encounter with the security guards as they took him down. He was handcuffed and led away to a room in the mall and told he was being charged with trespassing. Owens says Dennis can not shoot without Valley Plaza's permission.
"If you want permission to film here, you have to ask us, you don't tell us," said Owens.
The incident raises issues of First Amendment rights for the news media and for the public. Along with Martin, attorney David Stiles of Chain-Younger and Kern County Counsel Bernard Barman say though Valley Plaza is private property, it is considered public access. That they say, means the news media can go where the public can go.
Valley Plaza has another view. Marketing Director Marcella Anthony would not address the issue of why the security guards knocked Dennis to the ground nor would she grant an interview on issues relating to access under the First Amendment.
In a written statement she wrote, "We will always support and uphold the rights guaranteed to all of us under the First Amendment. We are in agreement the press has a right to go where the public can go. We further agree the public in California has certain rights to access a shopping center. However, these rights are subject to reasonable restrictions of the property owners. Our policies and practices reflect the balance of these two important rights."
Dennis has retained an attorney and is considering filing legal action for violation of civil rights. KBAK-TV General Manager Wayne Lansche says 29 Eyewitness News will continue to gather the news wherever it happens, including Valley Plaza.
http://kbak.bakersfield.com/local/st...-5045018c.html
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