ChasingBlueSky 0 #1 November 1, 2004 STOP THE INSANITY!!!! MIAMI (AFP) - A sheriff's deputy tackled, punched and arrested a US journalist for taking pictures of people waiting in line to cast early ballots in West Palm Beach, local media reported. A sheriff's spokesman said later the deputy was enforcing a new county rule prohibiting reporters from interviewing or photographing voters lined up outside the polls, the Palm Beach Post said. The deputy Sunday tried to grab the camera of James Henry, a freelance journalist who has written for The New York Times and The Washington Post. Henry, 54, ran across the pavement but was tackled by the deputy, who pinned him to the ground, punched him in the back and handcuffed him, according to the daily. He was charged with disorderly conduct and resisting arrest. Palm Beach Supervisor of Elections Teresa LePore did not comment on the incident or the new rule, which had not been previously announced. LePore gained notoriety as the creator of the infamous butterfly ballot that confused thousands of voters in the chaotic and controversial 2000 election. Her counterpart from Leon County, Ion Sancho, expressed outrage at the attempt to restrict reporters and photographers outside polling places, saying it was a constitutional right, according to the Palm Beach Post. Le Pore's office had not announced the new rule before the incident. Election monitors say sheriff's deputies themselves broke the law on Sunday by standing right outside polling offices while early voting was going on. "We are considering filing a lawsuit," said Reggie Mitchell, a civil rights lawyer with the non-partisan Election Protection group that has deployed thousands of electoral monitors to Florida. He said the law prohibits police from standing in the immediate vicinity of polling stations unless they are voting or called in to handle a disturbance. Mitchell said deputies challenged Election Protection volunteers who were legally 15 meters (50 feet) away from the voting place. Close to 20 percent of the 10 million voters in Florida already voted ahead of Tuesday's elections, either by absentee ballot or in early voting that started on October 18._________________________________________ you can burn the land and boil the sea, but you can't take the sky from me.... I WILL fly again..... Quote Share this post Link to post Share on other sites
storm1977 0 #2 November 1, 2004 Not for nothing, but as far as laws go ingnorance is not an excuse. ----------------------------------------------------- Sometimes it is more important to protect LIFE than Liberty Quote Share this post Link to post Share on other sites
quade 4 #3 November 1, 2004 Quote A sheriff's spokesman said later the deputy was enforcing a new county rule prohibiting reporters from interviewing or photographing voters lined up outside the polls, the Palm Beach Post said. There's one that's not going to hold up in court. If it's public space . . . it's fair game.quade - The World's Most Boring Skydiver Quote Share this post Link to post Share on other sites
ChasingBlueSky 0 #4 November 1, 2004 QuoteNot for nothing, but as far as laws go ingnorance is not an excuse. Please re read the story. They didn't tell anyone!!! They failed to inform the public at any level what the new law was. This is just pure insanity. Jane, stop this crazy thing!_________________________________________ you can burn the land and boil the sea, but you can't take the sky from me.... I WILL fly again..... Quote Share this post Link to post Share on other sites
storm1977 0 #5 November 1, 2004 I am not saying it will hold up, but it is true that ignorance is not an excuse.... That is all I said. ----------------------------------------------------- Sometimes it is more important to protect LIFE than Liberty Quote Share this post Link to post Share on other sites
ChasingBlueSky 0 #6 November 1, 2004 QuoteI am not saying it will hold up, but it is true that ignorance is not an excuse.... That is all I said. Chris, Are you honestly defending this action? To impose a new law, to be irresponsbile and inform no one, and then to enforce it with aggressive behavior? I am pointing blame at the lawmakers and enforcers in this instance. The burden of letting the community know about this law was on them. They apparently found it important enough to let the cops know, they should have let the people know._________________________________________ you can burn the land and boil the sea, but you can't take the sky from me.... I WILL fly again..... Quote Share this post Link to post Share on other sites
Gravitymaster 0 #7 November 1, 2004 ***The deputy Sunday tried to grab the camera of James Henry, a freelance journalist who has written for The New York Times and The Washington Post. Henry, 54, ran across the pavement but was tackled by the deputy, who pinned him to the ground, punched him in the back and handcuffed him, according to the daily. Wonder why he started running away from the Deputy if he didn't realize he'd done something wrong? Quote Share this post Link to post Share on other sites
ChasingBlueSky 0 #8 November 1, 2004 Quote***The deputy Sunday tried to grab the camera of James Henry, a freelance journalist who has written for The New York Times and The Washington Post. Henry, 54, ran across the pavement but was tackled by the deputy, who pinned him to the ground, punched him in the back and handcuffed him, according to the daily. Wonder why he started running away from the Deputy if he didn't realize he'd done something wrong? My guess? He was being attacked by a cop. If he attacks back its bad news and could get him shot. So he ran not knowing what to do._________________________________________ you can burn the land and boil the sea, but you can't take the sky from me.... I WILL fly again..... Quote Share this post Link to post Share on other sites
quade 4 #9 November 1, 2004 Because, like, nobody has ever been just hassled by a cop for no reason? I can think of a few scenarios where a person might think running is better than confrontation. It's usually not the right move, but I can understand the feeling.quade - The World's Most Boring Skydiver Quote Share this post Link to post Share on other sites
Gravitymaster 0 #10 November 1, 2004 QuoteBecause, like, nobody has ever been just hassled by a cop for no reason? I can think of a few scenarios where a person might think running is better than confrontation. It's usually not the right move, but I can understand the feeling. It doesn't say he was being attacked or hasseled for no reason. It only says the cop tried to take the camera and he ran. Bottom line, if a cop asks you to do something, you better do it and then argue about it later in court. Thats the way the system works and when people start deciding which rules they will follow and which ones they won't, then they need to be prepared to deal with the consequences. Quote Share this post Link to post Share on other sites
quade 4 #11 November 1, 2004 Quote It only says the cop tried to take the camera and he ran. Bottom line, if a cop asks you to do something, you better do it and then argue about it later in court. That's probably very good advice for 99% of the population. Photographers are almost never going to hand over a camera though especially if they think they've done nothing wrong (because what I've read in the story the photog was -totally- within his rights). A seasoned reporter / photog isn't going to give up footage to -anyone- unless they can help it. Suppose for a moment that the reporter thought that it was the cop that was doing the intimidation of the voters . . . that's a pretty big story. Would you still expect the reporter / photog to hand over the camera? I know for a fact it's a story I'd be willing to take a little physical abuse on and I'd definately do everything within my power to ensure it was told. Running a few steps and getting taken down by the cop might actually be the right strategy in that case. I'm NOT saying that's the case in this case, but like I said, I can think of a few different scenarios where running might feel or actually be the right thing to do.quade - The World's Most Boring Skydiver Quote Share this post Link to post Share on other sites
Gravitymaster 0 #12 November 1, 2004 QuoteQuote It only says the cop tried to take the camera and he ran. Bottom line, if a cop asks you to do something, you better do it and then argue about it later in court. That's probably very good advice for 99% of the population. Photographers are almost never going to hand over a camera though especially if they think they've done nothing wrong (because what I've read in the story the photog was -totally- within his rights). A seasoned reporter / photog isn't going to give up footage to -anyone- unless they can help it. Suppose for a moment that the reporter thought that it was the cop that was doing the intimidation of the voters . . . that's a pretty big story. Would you still expect the reporter / photog to hand over the camera? I know for a fact it's a story I'd be willing to take a little physical abuse on and I'd definately do everything within my power to ensure it was told. Running a few steps and getting taken down by the cop might actually be the right strategy in that case. I'm NOT saying that's the case in this case, but like I said, I can think of a few different scenarios where running might feel or actually be the right thing to do. The reporter made his judgement and now must be prepared to deal with the consequences. As I said, the entire system breaks down when people choose which laws apply to them and which ones don't. Ever wonder why a cops testimony is given more weight in court than the accussed? Doesn't mean it's fair, only that it's the only way the system can operate. Quote Share this post Link to post Share on other sites
Deuce 1 #13 November 1, 2004 Well, I'll bet it went something like this: Five-oh: "Sir, it's illegal for you to take pictures from here, I need you to move." Media: "Bullshit! I'm an accredited member of the media and here are my credentials! This is public property and I'm not going anywhere! Why are you hassling me? What's your badge number? Don't you have anything better to do?" Five-oh: "Yeah. But it's the law and I have no choice but to enforce it. I'm not questioning your credentials, there's no pass for the press. Polling places are not "public property", for example you know you can't violate the privacy of the voting booth and stuff like that. I'm just doing my job, my badge number is 1119. And no sir, right now you are the best thing I've got going. So, I still need you to stop taking pictures and move over there." Media: "I'm not going anywhere, you can't make me" Five-oh: "OK, you're under arrest. Turn around and put your hands on top of your head and interlace your fingers" Media: "AAAhhhhh! I'm being repressed! -runs- Five-oh: (Ugh. Shouldn't have eaten that sandwich. Geez I wish I could just let that knucklehead run away, but I'm not allowed to do that) Tackle tackle repress repress. Cops don't normally enforce rules, they enforce laws. Almost all discretion in enforcement has been eliminated for them so that they cannot be accused of favoring any one group. Take smoking laws as an example. Somebody lights up in a restaurant, won't stop, a cop comes along, the smoker says they won't stop smoking, the poor cop gets to put the grabbus on them. Just cause the guy didn't know about the rule is no excuse. The worst/best crazy fights I got into were with folks who disagreed with a law. That's why elections are important. If your County Supervisors enact stupid laws, deputies gotta enforce them. If they don't they get fired. Quote Share this post Link to post Share on other sites
Gravitymaster 0 #14 November 1, 2004 Yep, thats my guess too. Attica..Attica..Attica Thanks for the laugh. Quote Share this post Link to post Share on other sites
quade 4 #15 November 1, 2004 Hee hee . . . Possible, but most of the guys I know are a -little- bit more professional than that.quade - The World's Most Boring Skydiver Quote Share this post Link to post Share on other sites
Zep 0 #16 November 1, 2004 Man I love your country It's fucking crazy. Gone fishing Quote Share this post Link to post Share on other sites
Deuce 1 #17 November 1, 2004 QuoteHee hee . . . Possible, but most of the guys I know are a -little- bit more professional than that. I agree. Pros are usually real good about firmly insisting on being told the specific elements of the law they must comply with. But this election thingie has emotions running way into the redline. Quote Share this post Link to post Share on other sites
storm1977 0 #18 November 1, 2004 QuoteQuoteI am not saying it will hold up, but it is true that ignorance is not an excuse.... That is all I said. Chris, Are you honestly defending this action? To impose a new law, to be irresponsbile and inform no one, and then to enforce it with aggressive behavior? I am pointing blame at the lawmakers and enforcers in this instance. The burden of letting the community know about this law was on them. They apparently found it important enough to let the cops know, they should have let the people know. I didn't say I like it... I didn't say it was right. I thought I made a simple point. I am not taking sides on this. I was just simply stating an unwriten rule... or maybe it is writen. ----------------------------------------------------- Sometimes it is more important to protect LIFE than Liberty Quote Share this post Link to post Share on other sites
Deuce 1 #19 November 1, 2004 I was close: ***Journalist Arrested After Photographing Voting Lines POSTED: 6:10 am EST November 1, 2004 UPDATED: 12:47 pm EST November 1, 2004 WEST PALM BEACH, Fla. -- A freelance journalist taking pictures of voters waiting outside the Palm Beach County elections headquarters was arrested after ignoring a deputy's orders to stop, sheriff's officials said. James S. Henry, of Sag Harbor, N.Y., (pictured, left) was charged with disorderly conduct and resisting arrest without violence. Sheriff's Deputy Al Cinque tried to stop Henry as he shot pictures of about 600 people standing in line to vote Sunday afternoon. Henry began running away, but Cinque tackled him, the Palm Beach Post reported. The deputy pinned Henry, 54, to the ground, yelling for him to stop moving, then punched him in the back. Cinque handcuffed Henry's left arm, pulled him to his feet and punched him again as Henry tried to hand him identification cards, according to the paper. But sheriff's office spokesman Paul Miller said Monday that Henry "tripped over his own feet" as he ran away. He was heading toward the building's front door, and the deputy "has to use whatever reasonable force is necessary under the circumstances," Miller said. Miller said the deputy had asked Henry to move to another area to snap pictures. "His actions were compromising the elections process and intimidating people that were attempting to wait to vote," Miller said. "He was in their faces." Assistant Palm Beach County Attorney Leon St. John said Cinque was enforcing new rules, enacted Friday by elections chief Theresa LePore, that prohibit reporters from talking with or photographing voters waiting outside polling stations. The restrictions were prompted by "numerous complaints by voters about being photographed and interviewed," St. John said. Other reporters, who witnessed the arrest, had not been aware of the new restrictions. Miller said he did not know of other journalists being stopped. Henry, who is also an attorney and the managing director of strategy consulting firm Sag Harbor Group, is working on a book about "electoral democracy," according to his Web site. He was being held on $500 bond.*** Quote Share this post Link to post Share on other sites
quade 4 #20 November 1, 2004 We'd already seen the article and I can read it a number of ways. while one of them -may- be close to what you jokingly described there are alternate ways of interpreting those written words.quade - The World's Most Boring Skydiver Quote Share this post Link to post Share on other sites
Deuce 1 #21 November 1, 2004 Q, my version of the article points out that the guy was informed of the "rule" before he was repressed. Quote Share this post Link to post Share on other sites
Gravitymaster 0 #22 November 1, 2004 QuoteQ, my version of the article points out that the guy was informed of the "rule" before he was repressed. Which explains why he ran away. Quote Share this post Link to post Share on other sites
quade 4 #23 November 1, 2004 And as an alternative, suppose the photog thought to himself, "Well gee, that's a first. There aren't any rules like this anywhere else and if he's saying this is a local thing, maybe he's just bullshitting me so I'll go away, but in either case, why isn't he asking anyone else to leave. Why is he singling ME out?"quade - The World's Most Boring Skydiver Quote Share this post Link to post Share on other sites
airdvr 210 #24 November 1, 2004 Quote Miller said the deputy had asked Henry to move to another area to snap pictures. "His actions were compromising the elections process and intimidating people that were attempting to wait to vote," Miller said. "He was in their faces." *** I'd bet this guy got smart with the cop. Not a good idea in any circumstances. I speak from experience.Please don't dent the planet. Destinations by Roxanne Quote Share this post Link to post Share on other sites
cloudseeker2001 0 #25 November 1, 2004 QuoteI was close: ***Journalist Arrested After Photographing Voting Lines POSTED: 6:10 am EST November 1, 2004 UPDATED: 12:47 pm EST November 1, 2004 WEST PALM BEACH, Fla. -- A freelance journalist taking pictures of voters waiting outside the Palm Beach County elections headquarters was arrested after ignoring a deputy's orders to stop, sheriff's officials said. James S. Henry, of Sag Harbor, N.Y., (pictured, left) was charged with disorderly conduct and resisting arrest without violence. Sheriff's Deputy Al Cinque tried to stop Henry as he shot pictures of about 600 people standing in line to vote Sunday afternoon. Henry began running away, but Cinque tackled him, the Palm Beach Post reported. The deputy pinned Henry, 54, to the ground, yelling for him to stop moving, then punched him in the back. Cinque handcuffed Henry's left arm, pulled him to his feet and punched him again as Henry tried to hand him identification cards, according to the paper. But sheriff's office spokesman Paul Miller said Monday that Henry "tripped over his own feet" as he ran away. He was heading toward the building's front door, and the deputy "has to use whatever reasonable force is necessary under the circumstances," Miller said. Miller said the deputy had asked Henry to move to another area to snap pictures. "His actions were compromising the elections process and intimidating people that were attempting to wait to vote," Miller said. "He was in their faces." Assistant Palm Beach County Attorney Leon St. John said Cinque was enforcing new rules, enacted Friday by elections chief Theresa LePore, that prohibit reporters from talking with or photographing voters waiting outside polling stations. The restrictions were prompted by "numerous complaints by voters about being photographed and interviewed," St. John said. Other reporters, who witnessed the arrest, had not been aware of the new restrictions. Miller said he did not know of other journalists being stopped. Henry, who is also an attorney and the managing director of strategy consulting firm Sag Harbor Group, is working on a book about "electoral democracy," according to his Web site. He was being held on $500 bond.*** If I had to make a guess I would say this is bullshit and the cops are trying to cover themselves by using the media to put a spin on it. I am very happy to read this guy is a lawyer himself and he did probably ask a few specific questions before the cop started his tactics.....after all every cop I have ever met hate to deal with a person who is not scared of them. "Some call it heavenly in it's brilliance, others mean and rueful of the western dream" Quote Share this post Link to post Share on other sites