Less than a month after a temporary restraining order restricted the use of force by L.A. police on journalists covering protests, three reporters left an immigration demonstration bruised and bloody after being struck by officers’ batons.
Among them was Sean Beckner-Carmitchel, an L.A. Press Club member, who experienced heavy bruising on his left ribs that doctors said indicated a probable fracture after he was repeatedly jabbed by a baton while documenting an Aug. 8 protest outside the Metropolitan Detention Center in downtown L.A.
“I think that this is another in a long line of LAPD refusing to obey even the most basic elements of the 1st Amendment,” he said. “The TRO [temporary restraining order] was designed specifically to prevent this exact situation, and I think it is extremely likely they are in contempt of a federal judge’s order.”
Earlier this summer, the L.A. Press Club and investigative reporting network Status Coup filed a lawsuit against the Los Angeles Police Department to protect journalists’ 1st Amendment rights in light of numerous injuries suffered by members of the press during immigration protests.
On July 10, a federal judge granted a TRO that blocks Los Angeles police officers from using rubber projectiles and other so-called less-lethal munitions against reporters covering protests. It also forbids officers from intentionally assaulting a journalist who is gathering information at a protest or preventing a journalist from being in protest areas that have been closed off to the public.
Now the plaintiffs allege that the LAPD violated the TRO during the Aug. 8 protest when at least three journalists were injured by police batons and two reporters were detained.
On Wednesday, they filed a contempt motion asking a federal judge to further restrict L.A. police use of force against journalists.
“We’ve asked the judge to set a hearing on the contempt motion and hopefully tell them, ‘When I said you couldn’t shoot them, I didn’t think I also had to tell you you couldn’t beat them,’” said the plaintiffs’ attorney, Carol Sobel.
The LAPD did not immediately respond to a request for comment on the contempt motion. In response to the initial TRO, L.A. Police Chief Jim McDonnell said in a statement “The LAPD trains our officers to identify and respect working journalists during protests and we remain committed to protecting the rights of the press.”
The contempt motion includes photos and videos of injuries suffered by Beckner-Carmitchel, photojournalist Nick Stern and Status Coup reporter Tina Berg.
Stern can be seen in a video being hit by an officer’s baton while displaying his press credentials, suffering a cut to his chin that then bled onto his pass. Berg was shoved by officers and suffered a deep cut to her hand — also while wearing press credentials.
“When people held up their press credentials and they slam them with batons, that violated the court’s injunction, that violated the court’s decision, that violated state law,” said Sobel.
The motion further alleges that police violated the TRO on Aug. 8 by detaining and zip-tying reporters for one to two hours and ultimately transporting two photojournalists to LAPD detention facilities at Temple and Los Angeles streets. Journalists’ request to speak to a supervisor or public information officer about their treatment was denied, the motion alleges.
“Defendants’ actions evince a blatant disregard for the First Amendment and an unwillingness or an inability or both on the part of the City to take steps necessary to ensure compliance with this Court’s Injunction,” states the motion.
The plaintiffs are asking the judge to update the TRO to “expressly encompass” the use of batons and any other type of force. They are also asking that the LAPD have a designated liaison from the office of operations at every protest.
The Los Angeles Police Department has a long history of violating reporters’ rights while they are covering protests.
The initial lawsuit complaint detailed extensive lacerations, bruises and severe injuries reporters suffered from less-lethal munitions while covering immigration protests in June.
Earlier this month, the city of L.A. tentatively agreed to pay $500,000 to two Knock LA journalists who claim their constitutional rights were violated when police arrested them at a 2021 protest in Echo Park. The city has previously paid out millions of dollars in settlements and jury awards related to lawsuits brought by reporters and demonstrators who were injured by law enforcement during the 2020 Black Lives Matter protests.
Times staff writer Libor Jany contributed to this report.
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