National Press Photographers Association, Inc.

The Society of Visual Journalists

3200 Croasdaile Drive Suite 306 Durham, NC 27705-2586 Phone: (716) 983-7800 Fax: (716) 608-1509 lawyer@nppa.org

VIA EMAIL August 25, 2011

Chief James E. Craig Cincinnati Police Department 801 Plum Street Cincinnati, OH 45202 Re: Congressman Steve Chabot Town Hall Meeting Dear Chief Craig, As general counsel for the National Press Photographers Association (NPPA) I have just been made aware of an incident that occurred on Monday, August 22, 2011, during a town hall meeting with Congressman Steve Chabot, where your police officer interefered with and seized the cameras of citizens attending that meeting. It is also my understanding that the underlying cause for the arrests was because they were taking pictures of the meeting and recording the event (see: http://www.pixiq.com/article/ohio-congressman-bans-cameras-from-town-hall-meeting). This is a blatant abridgement of their First and Fourth Amendment rights. Whether the officer acted at the request of the congressman or his staff or of his own volition exhibits a total lack of understanding and/or disregard for the constitutional protections afforded those he is sworn to serve and protect. Law enforcement agencies are established to uphold and enforce laws in a professional manner, part of which is to exercise good judgment. I believe that your officer abused that discretion by his actions. As our organization, founded in 1946 with over 7,000 members, has pointed out to numerous groups and law enforcement agencies, photography by itself is not a suspicious activity. Unfortunately the reliance by your officers to question, interfere with and seize the property of those engaged in lawful activities under color of law is reprehensible. At best, behavior that chills free speech is extremely unprofessional, at worst it is criminal.

This is just the most recent incident in a rash of similar police abuses across the country. NPPA continues to work with law enforcement agencies to help develop reasonable and workable policies and practices in order to avoid similar situations. In the meantime if your departments vision is to be recognized as the standard of excellence in policing by the delivery of fair and impartial police services while maintaining an atmosphere of respect for human dignity; then we would respectfully request that you maintain your integrity. professionalism, and accountability by upholding your obligations to the department and community and reinstate public trust by a full and impartial investigation of this incident. We further request that your department immediately issue orders directing officers to cease such activity and also that your department implement revised training for all officers regarding these matters. Thank you for your attention in this matter. I look forward to your response.

Very truly yours,

Mickey H. Osterreicher
Mickey H. Osterreicher General Counsel

cc:

Mayor Mark Mallory (via email) Sean Elliot, NPPA President (via email)