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Correspondence - #25
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Correspondence - #25
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9/23/2024
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Ginny LaRoe <br />Advocacy Director <br />glaroe@firstamendmentcoalition.org <br />September 17,2024 <br />VIA ELECTRONIC MAIL <br />Santa Ana City Council <br />22 Civic Center Plaza <br />Santa Ana,CA 92701 <br />Re:Support —Agenda Item No.25: <br />Members of the City Council: <br />I write on behalf of the First Amendment Coalition to support Agenda Item No.25 to rescind the <br />“Guidelines for filming,photography and recording of City Santa Ana public meetings.”The <br />policy interferes with the ability of the press to exercise editorial discretion in covering public <br />meetings and runs afoul of the Ralph M.Brown Act’s provisions guaranteeing the public’s ability <br />to record. <br />We urge you to immediately withdraw the policy and commit to adhering to the Brown Act and <br />respecting press rights. <br />The relevant portion of the Brown Act is clear: <br />Any person attending an open and public meeting of a legislative body of a local agency <br />shall have the right to record the proceedings with an audio or video recorder or a still or <br />motion picture camera in the absence of a reasonable finding by the legislative body of <br />the local agency that the recording cannot continue without noise,illumination,or <br />obstruction of view that constitute,a persistent disruption of the proceedings.Govt.Code <br />§54953.5(a). <br />The act thus guarantees the right to record city council meetings unless the city council makes a <br />reasonable finding that the recording cannot continue without persistent disruption of the <br />meeting.A minimal or fleeting disruption is not sufficient. <br />My organization,joined by a coalition of press groups,wrote to you in December to protest the <br />city’s restrictive policy on recording.The city attorney responded to say the policy would be <br />revised.However,as documented in the Voice of OC,the city instituted a revised policy,and <br />that policy is being used to interfere with photojournalists’ability to do their jobs.Voice of OC <br />Publisher Norberto Santana Jr.,rightfully questioned the purpose of the policy,writing that,“In <br />15 years of publishing news photos from all over Orange County –including cities,the county <br />government and special districts –I have never received a complaint from any public body – <br />including Santa Ana –about disruptive behavior from a photographer working with Voice of OC.” <br />He added:“Being confined to taking photos from staged areas or from audience seats is not <br />how photojournalism works.” <br />534 Fourth street,suite b •san rafael,ca 94901 •415.460.5060 •firstamendmentcoalition.org
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