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Yesterday on July 10, City Councilmember Lisa Herbold, Chair of the Public Safety and Human Services Committee, sent the following letter to Seattle Mayor Jenny and Police Chief Carmen Best regarding First Amendment rights for the press.

Mayor Durkan and Chief Best,

I am writing about the recent arrest or threat of arrest of members of the media by the Seattle Police Department. 

First Amendment protections for the press in the United State Constitution are a lynchpin of American democracy. Unless respected by government, the quality of our democracy is diminished and eroded. 

After the filing of the Mayor’s July 1 Executive order in and around Cal Anderson Park, and subsequent city action, two members of the media have reported about their experiences regarding arrest, or the threat of arrest, that are neither in line with the First Amendment, nor the City’s Municipal Code. 

First of all, Omari Salisbury of Converge Media, a regular press presence during the protests on Capitol Hill, tweeted “Citing order of @MayorJenny SPD is now giving @WWConverge a final warning to stop broadcasting or face arrest. Our offices are right next door to the East Precinct. This is where we broadcast from daily.” 

While Mr. Salisbury was not arrested, such actions can have a chilling effect on press coverage. 

In addition, a correspondent for the Independent, Andrew Buncombe, was arrested for “failure to disperse” on July 1 while covering the closure.  He subsequently wrote an account of his experience. 

I am deeply concerned about the treatment of members of the media, and arrests, or use of threat of arrests.  

Seattle Municipal Code section 12A.12.020, Failure to Disperse, explicitly exempts news reporters in the event of a public safety order:

12A.12.020 - Failure to disperse.

A. As used in subsection B of this section, "public safety order" is an order issued by a peace officer designed and reasonably necessary to prevent or control a serious disorder, and promote the safety of persons or property. No such order shall apply to a news reporter or other person observing or recording the events on behalf of the public press or other news media, unless he is physically obstructing lawful efforts by such officer to disperse the group. (emphasis added)

The City Council adopted an Observer’s Bill of Rights in 2017, which clearly states the right to observe the actions of officers:

SMC 3.28.610 - Public observation, recording, or expression in the vicinity of police actions.

 A. A person not involved in an incident may remain in the vicinity of any stop, detention, or arrest occurring in a public place, and observe or record activity and express themselves, including making comments critical of an officer’s actions, so long as the person’s conduct and presence are otherwise lawful. The person’s conduct and presence must not: hinder, delay, or compromise legitimate police actions or rescue efforts; threaten the safety of the officers or members of the public; or attempt to incite others to violence. These conditions on the conduct do not prohibit conduct that creates a slight inconvenience for an officer, such as minor delay caused by escorting the person to a nearby location.  

 B. No employee of the Seattle Police Department nor an agent thereof shall prevent a person from engaging in an action or actions protected by this Section 3.28.610.

Mr. Buncombe ends his article by saying: 

In Trump’s America, where the media is routinely cast as evil and dishonest and where an African American reporter for CNN can be arrested live on air, the need to defend journalism and its centrality to an informed democracy has never been greater. And the foundational act for journalists is to show up, either literally or else in spirt and commitment and focus.

Whether we’re covering the actions of a city council, the workings of Wall Street, or the faltering, long-overdue attempt of a nation to confront the racial inequities that underpin its creation, the most important thing is to pledge ourselves to the task of doing so, and then get on with it. 

Our job is not to disperse. Our job is to be present.

It is our job as elected officials to ensure the press remains free and is able to carry out its work, in accordance with the Constitution and City law. The Constitution and Municipal Code protections for the press, and observers, do not exist for the convenience of government, to be cast aside whenever they happen to be inconvenient to government. 

Please explain your plan to remedy this unacceptable abridgment of 1st Amendment rights and improper use of City law. 

That charges may be dropped by the City Attorney does not excuse the arrest of a reporter.  The action of removing the reporter from the scene prevented him from covering the story and informing the public of what he saw; neither Mr. Buncombe nor Mr. Salisbury should be subjected to even the threat of arrest. 

Sincerely,

Lisa Herbold

Chair, Public Safety and Human Services Committee 

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