[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)
In the process of standing up for our fotographer colleagues, let’s remember not to villanize other notable professions … like the Public Defender’s office. The LA PDefender’s office is widely recognized as one of the best in the entire country, and with CA’s debt issue puts this group under incredible pressure. Let’s make sure we stay focused on the issue at hand and not simply vent our anger in less than totally productive ways.
Just out of curiosity, if a pj was following a home grown terrorist group and got arrested with them in the process of documenting their activities, how would we react? My gut feeling is that most people would have little sympathy for that person, we would say, well, he knew what he was doing was wrong.
Of course, I am not comparing graffiti to terrorism, but I am curious where do we draw the line? Assault, domestic abuse, racketeering, drunk driving, street racing? How or who determines what is okay to document or not? Are there guidelines for such things?
The most important authority we should adhere to is our MORAL AUTHORITY. I think I would feel pretty shady if I were knowingly meeting up/following a vandal as they did their dirty work. There is a price to be paid when we do not listen to that compass that would ask us to take the high road. When, we deliberately meditate or contemplate doing something that feels sneaky….it is usually not the high road. I am not saying that I am pefect. I am not claiming to be a goody, goody. Yet, I do not feel that I would have taken part in this type of activity. Personally, I am not of the opinion that calling “art in the name of art” is justifiable or allowable when a crime is knowingly committed. Agree or disagree. The call is yours.
Sorry there Chase…I agree with your main point strongly however I really object to the idea that this guy is ‘legit’ because he’s going to Pasadena Art College. This implies that only such a person or a ‘professional journalist’ should be considered a photographer when in fact anyone with a camera should be afforded the same protection.
Robert: note that i didn’t say he was legit ‘because’ he’s going to Art College. they were separate idea. namely 1) he’s serious about art enough to attend a high $ school with solid track record and 2) my opinion his work is legit based on my review of it, all things considered.