Santa Ana City Councilmembers said they want to be more flexible with where photojournalists can take photos while covering public meetings, while also ensuring the community’s view is not obstructed.
Councilmembers Jessie Lopez and Benjamin Vazquez proposed at Monday’s meeting the council revoke a media policy that restricts where members of the press can post up.
“The same way that we wouldn’t turn our constituents away or try to put them in some sort of box is the same way that we should not be treating the press for whatever reason,” Lopez said. “We don’t have to like the press. We don’t have to like what they write, but we have to respect them because they’re an important component of our democracy, and they do great reporting.”
Instead, the council directed city staffers to rewrite the rules to be more flexible, depending on how crowded the room is during a meeting.
“When there’s not a lot of people in the chambers, not a problem, but when pretty much every seat is filled and we have literally a gaggle of photographers, videographers, camera crews up in the front, blocking the aisles and things like that, that’s a problem,” Councilmember Thai Viet Phan said.
“I also want to say that it is very common in pretty much any location to have press locations to ensure that members of the public, city staff and police officers, as well as potentially firefighters or paramedics, have clear access throughout the room,” she added.
In December, the city adopted the policy that “tripods, video cameras, cameras with zoom lenses, and any other large equipment” could only be used from the designated media area – a back corner of the Council Chambers taped off with red tape. Attendees using small equipment such as small cameras or smartphones have been permitted to shoot while seated in the audience.
In a December letter urging the city withdraw the restrictions, the First Amendment Coalition argued the policy violated the Brown Act and “threatens the ability of the press to exercise editorial discretion in covering public meetings.”
The letter was signed in support by the Industrial Workers of the World Freelance Journalists Union, the Los Angeles and Orange County press clubs, the LA chapter of the Society of Professional Journalists and The Voice of OC.
In February, the city made revisions to the policy, keeping many of the same rules, but omitting phrases such as “members of the media” and “media/press pool.”
City spokesperson Paul Eakins said the rules are “administrative guidelines” created by staff to make sure media have access, but aren’t blocking aisles or causing other members of the public to lose access to viewing the meeting.
“Media has every right to attend and report on the meetings, but we also want to make sure that they aren’t blocking aisles, causing safety issues,” Eakins said in an interview Monday before the council meeting.
Eakins said members of the media are not restricted, but people with tripods “or large equipment that could limit public’s access to pathways” will have to stay in the corner.
“We don’t need to throw out the policy. I agree that having folks come into the chamber to speak (they) shouldn’t be forced to have a camera thrusted into their face,” Councilmember Phil Bacerra said, calling Santa Ana “the most transparent city” in O.C. “There needs to be a balance.”
Lopez said whatever policy is brought back for the councilmembers to consider should be vetted through the city’s legal team to make sure the city is not in conflict with the Brown Act.
“And obviously, to make sure that there’s flexibility for the press,” Lopez said. “There’s no need for them to be cornered in a red box that sometimes is or isn’t being used. Where do you want them to sit if the space designated for them is not available, as it has happened in the past?”
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City Attorney Sonia Carvalho said the current policy is legal.
“I’d just like to say for the record that I believe that your revised policy does clearly comply with the law, but I’m also very respectful of the council that wants flexibility and wants to be able to be responsive to some of the comments you received,” Carvalho said. “So we will be happy to look into some of those and work with staff.”
City staff is expected to return to the council in 30 days or so with possible changes to the media policy.
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