Award-winning journalist arrested by Charleston cops

[CoolBreeze]

This is a good one: An award-winning video journalist was arrested by Charleston Police Tuesday for taking photos in the Town Center Mall. It appears he was strong armed by city cops (who sometimes find it easier to arrest slow White guys in the Mall than muggers and killers) for taking photos of the Santa scene. I have a feeling that this will make national news....

http://www.wvgazette.com/News/200912090794

[genlock]

Are Journalists exempt from the laws that govern all of us?
Do they enjoy some special place in society where they look down on the little people?

Certainly they think so.


What is the legal difference between this guy and a "citizen journalist" without ties to a major publication?
Citizens complaints that he was taking pictures of their children led to the confrontation.
Unfounded? Maybe.
I suspect this guy knew exactly what would happen and was baiting
for a situation that would get him in the news.

[CoolBreeze]

This guy wasn't working for any publication. He was working for the federal government. The Mall spokesperson said that "customers" were allowed to take photos, while professionals had to get permission. As I see it, he was a customer. As to his motives, guess we'll find out. I found it interesting however that according to the article, the parents in the Mall noticed that he didn't have any children of his own as he took the photos. Guess that's enough in itself these days to call Homeland Security.

[fearpeddler]

he was a customer? what was he buying? he was loitering.... if he was cool enough like it said in the story I saw on the news to actually delete the picture when the parents asked then I dont really see a problem with anything, I do however have a problem with the whiny parents that ran to the police after the problem had actually been taken care of...... people like that make me sick....

[CoolBreeze]

According to the article, he was buying a Christmas present for his girlfriend. Besides, half the people IN that Mall do nothing but loiter. Old people go there every morning just to walk and dont spend a dime.

[fearpeddler]

According to the article, he was buying a Christmas present for his girlfriend. Besides, half the people IN that Mall do nothing but loiter. Old people go there every morning just to walk and dont spend a dime.

but where else are the old people to go and bother people at? better them snarling foot traffic in that mess of a mall than on the roads where they can cause some real damage. Honestly I'm amazed the town center is still open, I personally dont feel safe when I go there.

[cgarison]

The Mall spokesperson said that "customers" were allowed to take photos, while professionals had to get permission.

If the scene is in public view, then anyone can take a picture and use it for any purpose as long as they do not sell the pictures for profit or leverage the images of people or the scene in advertising. This means that a professional can (technically) take pictures with journalistic intent and publish in a news paper/blog without begging the mall for permission, but they cannot use them for a billboard without a release from the owner of the building or the people in the picture. That is the most simplified version of how say this without getting into all the details of the law and opening up a can of worms that only Taggert and Interpreter can straighten out.

As I see it, he was a customer. As to his motives, guess we'll find out. I found it interesting however that according to the article, the parents in the Mall noticed that he didn't have any children of his own as he took the photos.

Then the police need to get a warrant and look at the pictures to see if he was taking pictures of the mall or if he was targeting children. But until the police have just cause to get a warrant signed, they can't touch the camera. But we are talking Charleston, WV which has courts that are slightly more intellectual and judicial in nature than those in south eastern PA.

Guess that's enough in itself these days to call Homeland Security.

It is amazing the horror stories I have heard about photographers and national security. Many people have talked on blogs and podcasts about being harassed by police and ICE agents for taking pictures of landmarks, yet I have never been targeted by police and I have taken pictures of these very same landmarks. Maybe I look really geeky with my "zebra" lens (Canon zoom) either on the body or hanging from a lanyard on my hip in addition to two camera bodies. Perhaps I do not fit the profile of a terrorist. Who knows? But I know for fact that I fit the profile for secondary screenings at airports and have to usually go through bomb sniffers or stand in radar imaging booths 75% of my trips through TSA security checkpoints.

I know next week I am going to be facing jail if the laws in Kanawha Co. WV are the same in Montgomery Co. PA because I am getting pictures of the multi-story tree at the King of Prussia Mall using a strange viewing angle and my 10mm lens. I am pretty sure that lens is too wide to be targeted for any type child porn yada yada. I hope Amy is available pay the bail.


As far as this article goes in the Gazette, something is missing. The pictures supposed of "girls" is of adults of the age of majority. He was not arrested for taking pictures, but was arrested for assault on a policeman. I am not sure, but this article is biased in favor of a fellow "journalist". Time will tell who is telling the truth.

[CoolBreeze]

Uh... I think the Mall cops messed with the wrong guy.... hahaha...


Bill Gates, Journalist Settle
Suit Over Wedding Arrest

April 13, 1995 By Chuck Taylor

With his own money, KIRO-TV journalist Scott Rensberger last year sued the nation's richest man and Hawaii's giant Dole Food Co. after his arrest on public property the day Microsoft chairman Bill Gates was married.

In an out-of-court settlement announced yesterday, Rensberger has a lot to show for it:

• Undisclosed monetary compensation from Gates and Dole's Lanai Co., which owns most of the island of Lanai and the resort where the wedding took place.

• Letters of apology from Gates and dole chief executive officer David Murdock.

• Charitable donations to Lanai residents worth $127,000 by Dole and Karen Frey, a publicist working for Gates.

• A pledge by Dole to train its security personnel on the island about public property, freedom of the press and other issues.

"It's not easy taking on two of the world's most powerful people," Rensberger said yesterday. "But now I have real respect for the justice system. A small person like myself can take on two powerful people like this and have something good happen."

Rensberger's employer was not a plaintiff. KIRO-TV last year said it was satisfied by an attorney general's consent judgment related to the incident. However, when Rensberger filed his suit, Gates' mother, the late Mary Gates, was a member of the board of the TV station. KIRO-TV now is under different ownership.

A spokeswoman last night said neither Gates nor Frey, who works for the Portland public-relations firm Waggener Edstrom, would comment on the settlement.
scroll down >

On Jan. 1, 1994, Rensberger, a photographer and reporter for Channel 7, was on a public road in Hulopo'e Beach Park, videotaping for a story about the wedding's impact on Lanai.

As billionaire Gates married Melinda French at the nearby Manele Bay Hotel, Rensberger was arrested and booked for investigation of trespassing, an allegation that was dropped when he agreed - in a phone conversation with Frey - to leave the island.

Rensberger's lawsuit in Maui County Circuit Court alleged invasion of civil rights, false imprisonment and conspiracy by the defendants to deny access to public places.

Security officers for the hotel, with help from local law enforcement, overstepped their authority, the suit alleged, by limiting access to public property and hassling journalists.

Rensberger also alleged that The Lanai Co., the subsidiary of dole that owns the resort, did everything to keep visitors away, such as booking idle rental cars and aircraft.

In February, a judge granted a partial summary judgment with regard to the exercise of free-speech rights. A trial to settle remaining issues was to begin Monday.

"I was prepared to go to trial," Rensberger said by phone from Honolulu. "I spent almost all of my life savings to put myself up here in the hope that a jury would say 'Yes, you're right.'"

But a settlement was reached that Rensberger hoped "would do something good for the community of Lanai."

Under the settlement, disclosed by Rensberger's attorney, Murdock wrote an apology in which he said, "Your efforts to raise important issues surrounding this unfortunate incident confirm the value of a free and open press and the importance of the public's access to information."

Said Gates, in his letter: "If I had known the circumstances of your arrest, I would not have approved of it. I sincerely regret the way you were treated while you were on assignment on Lanai, as well as any harm done to you or your reputation."

Dole will donate $25,000 to Lanaians for Sensible Growth, a community group, for the purpose of starting an independent newspaper or newsletter; $25,000 to Lanai High School for college scholarships; and $10,000 to the Roscoe Pound Foundation, an open-courts advocacy group.

Frey, whose employer is Microsoft's public-relations agency, has agreed to donate 40 computers and Microsoft software worth $67,000 to the high school.


http://www.davislevin.com/articles/article8.html

[AmpedNow]

As I see it, he was a customer. As to his motives, guess we'll find out. I found it interesting however that according to the article, the parents in the Mall noticed that he didn't have any children of his own as he took the photos.

Would it have made any difference if he had children with him? Would that have made this situation any "better"?

What if this was a solo woman taking pictures? Would the reaction have been as severe?

Think about this... Have we got to the point where males who are not accompanied by a female and/or children in public are automatically pedophile suspects?

Then the police need to get a warrant and look at the pictures to see if he was taking pictures of the mall or if he was targeting children. But until the police have just cause to get a warrant signed, they can't touch the camera.

Again, would it make any difference if children were part of a larger Christmas scene -- such as a Santa line or a tree maze? In a public place?

If it depends on whether or not he has children of his own, is this not a discriminatory assumption in and of itself?

I find this notion of solo males in public being potential pedophiles by default far more disturbing than a solo male taking pictures of a general Christmas scene.

It's stuff like this that gets innocent people locked up.

[CoolBreeze]

The guy was carrying a little pocket camera for crying out loud. Millions of people, more than EVER before have these cameras and use them constantly. Kids use cell phone cameras more than they use the phones. So it's not like : "Ohh look over there... that guy has a CAMERA... GET HIM"

This entire event is such an embarrassment, due to the paranoid WV citizens who complained, and the authorities who handled it. They should be more concerned with their child's teacher than someone at the Mall.

[Dave Harman]

At least no one got killed this time.

[CoolBreeze]

Scott Rensberger is one of the most awarded journalists in the business. He's the only person ever to win both the highest award for investigative reporting (IRE Scroll) and also be named the best news photographer in the United States (NPPA Photographer of the Year). During the past two decades, Rensberger has crossed the globe working as a one-man-band. He's worked extensively throughout Europe and has brought home stories from Central America to Asia and almost all points in between. His work has aired on dozens of networks across North America, Europe and Australia. Throughout the years, Rensberger has also worked as a news trainer. He's lectured throughout the United States, Canada and Europe and has trained thousands of journalists in more than 30 countries. The BBC refers to Rensberger as the "best VJ in the world."

http://scottrensberger.blogspot.com/

However, since the arrest in the 3rd world country called Charleston WV, he has learned a new meaning of the world "Hillbilly".

[CoolBreeze]

By the way... just heard on the news that police chief Brent Webster is using the excuse that as a "professional photographer" his officer thought that Scott had to get permission to take photos.

Again... here's the facts:

1... He was a CUSTOMER, and not there as a photographer.

2... I am in contact with him, and he told me quote:... I am "not" a professional still photographer. I have never made a dime from taking a still shot. I'm a video Journalist.... unquote.

[cgarison]

Then the police need to get a warrant and look at the pictures to see if he was taking pictures of the mall or if he was targeting children. But until the police have just cause to get a warrant signed, they can't touch the camera.

Again, would it make any difference if children were part of a larger Christmas scene -- such as a Santa line or a tree maze? In a public place?

Whether he had children present with him or not is not my point. People are allowed to take pictures of places that have any view exposed to the public without permission for personal use unless other wise stated. With that being said, the Charleston police had no right to stop this guy if all he was doing was taking pictures. If they suspect something was inappropriate was occuring, they would have to detain the guy and then get a warrant to look at what is on the camera because the authorities in Kanawha County WV do not have any rights to perform any type of inspection of this type of device without having to get a warrant from a judge.

I emphasize state, local, and most federal law enforcement in this because Dept of Homeland security does have some rules that are different, but those are usually reserved for search and seizure of electronic devices when coming through customs and when arresting potential terror suspects.

[Lee]

Well...HaLburn's fucked.

[CoolBreeze]

WELC radio in Welch is a snippet part of a video news report reported, photographed and edited by Scott Rensberger.

http://video.google.com/videoplay?docid ... 5050&hl=en#

[Lester]

I suspect this guy knew exactly what would happen and was baiting for a situation that would get him in the news.

Excellent observation... and you were right.

He's another Hallburn. Fishing for something to make people look at him. (I know I said "fishing", but please don't.)

[CoolBreeze]

I wasnt going to post this response from him that I received earlier today, but I will anyway:

"Thanks for your letter. I'm certainly not going to judge all of the wonderful people of Charleston just because one officer acted out of line. I contacted the Mall security yesterday and asked them for the names of all of the security officers who witnessed my arrest. I was told that the only way I was going to get that information is by hiring a lawyer. It's almost like the mall is asking me to file a lawsuit".
Best,
Scott Rensberger

Yea... a guy with his credentials comes to little Bum-Screwed Egypt to make his name known. BRILLIANT!

[AmpedNow]

"I took some pictures of the choir singing and I took some pictures of the Santa snow scene," he said. "I take my camera with me almost anywhere."

Rensberger is a freelance videographer and in 1991 won an Investigative Reporters and Editors award and was named National Press Photographers Association Photographer of the Year. He said he takes photos of all the places he visits and sends them to his girlfriend in D.C.

He went into a store to shop for a scarf for his girlfriend when two men stopped him and told him he had taken a photo of one of their children with Santa Claus.

"I didn't even realize there were kids in the shot. It was a wide shot," he said.

Okay. At this point he had to think he was in some bizzare, twilight zonish world...

But it doesn't stop there.

Rensberger said he apologized and pulled out his camera and erased the photographs of Santa Claus and the children. He said he scrolled through the photos so the men would know there were no more photos of the child on the camera.

"I did think it was weird and it did shock me a little," Rensberger said. "I understood, too. I didn't want to upset the guy. I think it's a sad comment on the world we live in. ... It's never happened to me before."

Likely never will again, as long as he stays away from here.

When he was finished in the store he walked by "Santa's Cabin" again, talking to his girlfriend on the phone about what had just happened.

He saw one of the two men who had stopped him talking with police and mall security.

"I thought, how crazy is this, all these officers for taking pictures of Santa Claus," Rensberger said.

Rensberger said Basford stopped him and said, "Why are you taking pictures of kids?"

"I can't believe you are asking me that," Rensberger said to the officer. "Do you mind if I take a picture of you?"

See, this makes my original questions relevant... He is now the assumed profile of a pedophile: a solo male running around taking pictures of Christmas scenes in public.

If he was not a male, or had a female and kids with him, would ol' Jimbob here got so bent out of shape?

Basford, who had taken his camera, interviewed Rensberger once he was in custody. The officer asked him why he'd taken a photograph of a girl still on his camera. The photo is of a choir in the Town Center Mall. It was taken from the second floor of the mall, looking down. A figure is sitting, watching the choir in the bottom left of the frame.

"I'm not even sure it's a little girl," Rensberger said.

What choir? Yer just a wantin' to take pictures of lil' girls, aintchya buddy?

You don't look like yer from around these parts anyway.

Sheriff Taylor wannabe, to the rescue.

"The info I received is that in this case numerous parents and Santa Claus and the Santa photo staff recognized that the individual didn't have any children with him and requested that he stop taking pictures," McCracken said. "The mall responded correctly, just to inquire to see what was going on. That's what we did and that's our responsibility."

Again, would it have mattered if he had a child with him?

We are fucking doomed...

And I hope he tells all of the "outside" world about his experience in this hick pit.

[CoolBreeze]