[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)
When Photography is outlawed, only criminals will have cameras.
Chase, I love you man, BUT…….
I totally disagree. Here’s the thing. It’s all about calculated risk. 🙂 If you CHOOSE to express yourself as an artist doing something that COULD be considered illegal, than you should be prepared to deal with the consequences, AND have a lawyer on speed dial. Same thing is true for war photographers. They SHOULD be there shooting and documenting, BUT they should also have their Wills and affairs in order, and maybe consider wearing a bullet-proof vest. It’s the smart thing to do. It’s not about right or wrong, but common sense.
By all means, keep shooting, but know that every action has a reaction.
And to comment @ Kennon above, Have YOU ever cleaned graffiti off of your own personal property? C’mon…. Maybe as “punishment,” Lara should have to ride around with the city workers documenting the cleaning of unauthorized graffiti off of public property.
I agree with all of you 90%, but on the flip side………
If you follow a terrorists that are going to blow off their devices and even though there is no injury to people but just a property damage…..is that still an art or photojournalism ? Isn’t graffiti a property damage too? Unless they are doing it on their own property or with the owner’s consent.
The law sees graffiti and tagging the same. And most off the time the graffiti artist know they are doing something illegal and lots of times they are trespassing on the property too. I’m sure Chase wouldn’t like the outside of his studio to be graffiti by some “artist” w/o his consent and than have pictures taken by another artist and post it all over. It might not be appropriate for his location.and degrading the value of the property that is around him. Yes I know beautiful graffiti usually take time to be done in front of someone store as opposed to tagging. Some people see the graffiti to as downgrading the neighborhood and it causes a lot of damage and frustration.
I had my house graffiti and tagged few times and I didn’t like it. I had to clean it myself and on about half a dozen times I helped to clean it on my friend’s property too. Wasting our time and money.
The whole stage with Lara was planned…. so how can be photojournalism ? It actually encouraged. And people usually go extra step knowing than they are being watched, taped or photographed.