Shasta County’s New Policy Restricting Media Access is Problematic, First Amendment Attorney Says
Attorney David Loy says California law requires the press have access to public meetings, even if the room is cleared for a disruption.
After last week’s Board meeting disruption, Shasta County announced Friday, July 26, that media should stay in a separate room during Board meetings, where they can view the workings of the public meeting through glass windows and hear audio of anything shared on microphone.
Moving forward, the county said, should media choose to enter the chamber where the people’s business is being conducted, they will be treated like any other member of the public, and may be asked to leave when the room is cleared, rendering them unable to document what occurs inside until the meeting begins again.
David Loy, the Legal Director of the nonprofit First Amendment Coalition says he sees multiple legal issues with the county’s new policy.
California’s Brown Act requires public meetings to be open to the whole public, Loy said. That includes the press, he said, who like others have the right to record the meeting from within the room itself, not a separate space.
The Brown Act also mandates, Loy continued, that reporters must be allowed to stay in the chambers when the room is cleared in response to a disruption. The only exception, Loy said, is if members of the media themselves were participants in the disturbance.
Along with the Brown Act, Loy continued, the First Amendment also protects the press’s rights by generally affording them the same access to the workings of government as the rest of the public.
Supervisor Kevin Crye has backed the new policy, saying it’s intended to keep the media, and the public, safe. He says the County’s legal counsel, Joseph Larmour, was part of the team that approved the policy, “and Joe hasn’t made a mistake yet.”
Supervisors Mary Rickert and Tim Garman have spoken out strongly against the new media policy, saying it threatens press freedom.
During last week’s disruption, multiple members of the media remained in the room for about two hours while the public was kept outside. During that time the media documented and reported out the actions of county staff, law enforcement, and the sole member of the public who remained in the room.
Shasta County’s next Board meeting will be held Tuesday, July 30, at 5:30 pm.
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Note To Self: ‘Attend BoS mtg 5:30pm, 7.30.24, BoS Chambers…bring camera w/Faux Media Credentials….have ACLU ph # w/you’
Sit In – Non-Violent Civil Disobedience Tues July 30th Protest – Shasta County Supervisors Chambers Tues 30th 530 pm
Sit In – Non-Violent Civil Disobedience Tues July 30th Protest – Shasta County Supervisors Chambers
https://www.facebook.com/events/478558321578146/
Crye trolls the press with his oily disingenuousness. When was the press “unsafe” in the J. Nowain incident? When has the press ever been unsafe except when D. Chamberlain tried to do her job far away from Board chambers? Crye is an unregenerate piece of crap, looking people right in the eyes and lying. This is the exercise of power for the sake of same, letting the press know it will be the scapegoat for *anything* the angry public does. Obviously, Crye and the two other fascists believe individuals like Ms. Nowain will be reticent to take measures such as hers if they know the press can’t see what happens. There is the distinct flavor here of the three fascists’ desire to have law enforcement be brutal in response to such demonstrations out of the “prying” eyesight of a free press.
Crye is an unregenerate piece of crap, looking people right in the eyes and lying.—What did he lie about?–I’ll bet David Loy can run up a bill!–As for the rest of your comment—BULLSHIT.
Thanks, Scout. I think the Trumpian / MAGA SCBOS members Jones, Crye, and Kelstrom want to keep the local media and the national in the dark regarding what seems to be numerous issues as much as possible. After all, local and national political extremists, i.e., MAGA and their leader, neo-fascist Trump, openly state over and over again that the “news is the enemy of the people.” This nonsense is right out of the Project 2025 Playbook.
If Jones, Crye, and Kelstrom had their way, they would cut the live video feed of the meetings and order all reporters to submit their written and video stories to the SCBOS for approval, as Jones, Crye, and Kelstrom seem to be caught up in a long list of legal and cronyism problems, let alone the use of their public office as a MAGA propagation platform that all too often are way outside of any BOS legal jurisdiction and are all too often legal violations of California Codes and Shasta County Codes. Here is the big problem for Jones, Crye, and Kelstrom Cartel: all citizens of the United States of America are reporters.
The ACLU reports that “when in public spaces where you are lawfully present, you have the right to photograph anything that is in plain view. That includes pictures of federal buildings, transportation facilities, and police. Such photography (and reporting) is a form of public oversight over the government and is important in a free society.” This authoritarian media policy will be tested and readily rejected by a court. Perhaps an injunction is needed to reverse the policy ASAP.
Personally, I wouldn’t be surprised if Crye is vying for a spot in Project 2025 should MAGA win in November.
Cristian, put the pipe down and back away slowly, your hallucinating again.
Yup, another step into authoritarianism.
Oops. Time for a lawsuit. Too bad the fines won’t come out of the Board members pockets.