[UPDATE: The criminal charges against him have just been dropped and the judge issued a court order for the release of his camera equipment. Good news for sure, but the points remain: 1) we need documentary shooters shooting the entire gamut, legal and not. 2) we need public defenders who understand this need and are prepared to help us defend it.]
This is nuts. LA photographer Jonas Lara has been arrested and faces up to a year in prison for ‘aiding and abetting’ two graffiti artists while documenting their work in February. Lara pleaded not guilty, wisely citing it’s within his rights as a photographer to be at the scene documenting the work of the artists. But here’s the rub: his public defender, David Gottesmann, has so far refused to consider his rights as a photographer as part of the defense.
PDN reports, “When he was arrested, Lara was working on a long-term project for which he has documented the work and creative processes of 30 visual artists. Lara met the two graffiti artists at an abandoned building in South Central Los Angeles to photograph the pair as they worked on the illegal mural. The photographer says the officers were understanding when he explained his reason for being at the scene. They told him they needed to process him, and that he would be free to go in the morning. After advising Lara that it would be dangerous to leave his car in the neighborhood, one of the officers even drove Lara’s car to the police station so he could avoid a towing fee.
Once he got to the police station, however, Lara’s situation became much more precarious. The police held Lara for eight hours before telling him he was being charged with felony vandalism. He was held for 26 hours in total…before his wife bailed him out.”
Now call me crazy, but this is pure bullsh*t. I’m not advocating crime, I’m advocating Lara’s rights to document it. His public defender won’t cite his rights as a photographer? Huh? If documenting crime is a crime, then why isn’t every photojournalist who documents drug abuse, war, and violence in prison? The guy is headed for the MFA program at Art Center in Pasadena. His work is legit. We need pictures like these.
In situations like this, where a person’s right to document is being questioned, it’s crucial to have a criminal defense lawyer who understands the nuances of free expression and legal protections. Melbourne criminal defence lawyers, for example, are trained to handle cases where clients face potential charges that may infringe on their rights. A defense attorney experienced in protecting creative professionals can help ensure that artists and journalists are not unjustly prosecuted for doing their work, standing up for the preservation of civil liberties and artistic freedom.
Since his public defender doesn’t see the light (wtf?), Lara needs private council. He’s got a donation page here. Spread the word. And if you’re a photojournalist, please keep shooting.
(via PDN Pulse)
Interesting Case. Agreed that he should not be charged but would I think other if… he was going along with a rapist, serial killer, something more horrific…etc.. to document the horrors of these crimes?
I think a lot of PhotoJournalist cover assignments where events unfold before their eyes not exactly knowing what will transpire. In this case he knew they were up to a crime.
Photography is not a crime. Assisting others in the process of criminal activity is a crime, and punishable. Being a photographer, does not grant us pardon from legal responsibilities. The argument of being a photographer, and rights of expression etc. is akin to being a photographer and saying he doesn’t have to obey traffic laws, because he is a photographer. The making of photographs is a creative process, and is still governed by the law of the land.
These kind of cases remind me why I am wearing a special t-shirt I had made while shooting out. If you are interested in the tee you can check it on my blog in the store section. Please do not count this comment as a spam, I made this tees to support our community of photographers.
Thank goodness he has been cleared! The world is going mad. I was on a debate panel with police chiefs in my area recently about photographer vs terrorism (or criminal as in Lara’s case). I’m happy to say they were most accomodating and understood that photographers have a role to play – and a job to do – and were taking steps to make sure that happens without being questioned.
It’s a tough one, and a grey area. In principle, I agree with the notion that photographers are free to document that which they see. But at the same time, what’s unclear, is whether or not he encouraged the vandalism.
Shooting someone you notice in the act of a crime is different to arranging to go out with someone next time they commit a crime. That’s an important distinction; was his desire to document the act partially their impetus for that day’s activity? That’s what needs to be clarified here.
If the truth is that they were going to do it anyway, then I will fully defend his rights. But if the truth is that they only went out to draw graffiti because he was going to shoot them doing it, regardless of whether or not they did it in the past, then he’s probably in the wrong.