[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)
IMO, photographing a crime in which happens to be progress is one thing, but I think there is a clear distinction here; according to the article, he:
“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.”
Sounds to me like he actually planned the event….
Say what you like about the skill involved, or the fact that it’s art, graffiti is vandalism and costs a fortune to remove. How about I come round to your house, and use a Red camera to catch in slow motion, the fine detail of your windows being smashed in? How is that any different? Or why not “document” an armed robbery that you know is going to take place rather than tell the police?
You’re right in that photographers get a hard time already. Do we need to make it harder for ourselves by being seen to be part of a crew which is committing real crime? (and let’s get it straight, public image is about what you’re seen, or perceived to be doing, not what you actually do.)
Sorry Chase, as much as I find 99.9% of what you say to be helpful and inspirational, on this I’m 180° out from your position.
Best regards
Unfortunately this country is becoming a police state with gestapo practices by law enforcement, in my opinion, is almost time to abandon the ship.
Sad story but leaves me impelled to ask the question. What actually is the legal position when a photographer documents a *violent* crime – outside of a warzone – where damage, hurt or harm is done to innocent people? I think a majority of people view this case as being over-the-top but it seems it’s more due to the nature of the crime being documented, ie not violent, involved no harm to people etc. Does a photographer have a an immutable right to document anything with no accompanying responsibilities? Since when do rights come without responsibilities? It becomes difficult (from the photographer’s perspective) when laws require judgement as to whether applicability is likely. Then, there is the moral compass angle, as posted earlier. Anyway, I’m glad the charges were dropped in this case and I am genuinely curious to hear an answer to my question at the start of my comment.
Thanks, Ben
I do not think that The Act OF photographing a warcrime or any crime is punishable as if you were the actual criminal. But, I do suspect that sometimes, photographers who have gotten away with, and received accolades for certain risky behavior run the risk of getting a God Complex, as in Above The Law. They feel that they are worthy of special priveledges because they are a great artist on a pedastal. OOPS! They always get knocked off! This happens. We have all witnessed it one way or another from hometown athlete, to worldwide rock star whose big head creates imbalance and they topple like humpty dumpty.
Point to Ponder…What if (not to accuse this guy in particular) the so called photo jounalistic opportunity was actually thought out and SET UP in order to create “ART”?!! (state of shock, big gasp….what?… never you say?!!!)
i agree, this is rather ridiculous.
oh, and one quick petty matter, it’s Art Center College of Design (Art Center or ACCD for short). sorry, current student here. 😉