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Calling all bloggers, journalists, activists, photography buffs, music lovers and spoken word aficionados

You are cordially invited to attend the Photography is a First Amendment Right fund raiser Saturday afternoon in Dania Beach.

A portion of the proceeds will go toward my mounting legal fees as I prove my innocence against the five Miami police officers who arrested me after photographing them against their wishes.

A portion will also go towards the Society of Professional Journalists Legal Defense Fund, which aids reporters and photographers nationwide in defending the freedom of speech and press guaranteed by the First Amendment of the United States Constitution.

The event, which is free and open to the public, will be held Saturday from 1 to 5 p.m. at Grace Cafe and Galleries, 49 North Federal Highway in Dania Beach.

I will provide several photos to be featured in a silent auction and I will also perform some spoken word poetry.

North Carolina photojournalist threatened with taser gun during arrest

North Carolina freelance photojournalist Carter Rabil was arrested April 26th after refusing a police order to move back as he was filming an accident scene involving a fatality.
Cameraman Carter Rabil is arrested by police in North Carolina

Now the State Bureau of Investigations is investigating the Smithfield Police Department to determine whether they acted improperly.

Rabil’s video shows Smithfield Police Captain Bruce Gentry ordering him “away from the crime scene”, which is clearly on the other side of the intersection.

The War on Photographers (and bloggers) continues in downtown Miami

All Gabriel Lopez-Bernal needed was for a police officer to harass him and he would have earned the Triple Crown Photo Frisk Award.

After all, the Miami blogger says he was harassed by both a rent-a-cop and a U.S. Marshal on Monday for the sole crime of standing on a public sidewalk and photographing the Federal Courthouse Building in downtown Miami.

In fact, he came close to being harassed by a police officer after a civilian pedestrian who had walked into his picture frame became irate at being photographed and reported him to the police. Apparently, this woman is unaware of all the public surveillance cameras in downtown.

The officer only shrugged, destroying a golden opportunity for Lopez-Bernal to win the Triple Crown Photo Frisk Award that day, which traditionally goes to photographers whose First Amendment rights are violated by three different levels of authority during a single photo shoot. Unfortunately, the award has declined in value in recent years after a surge of intolerance against photographers made it almost too easy to win.

Had he really wanted to win that award, he could have simply photographed that officer, but he had better things to do than spend a night in jail, which would probably have affected his upcoming confrontation with the U.S. Marshal (motto: Don’t let me catch you having a bipolar episode on a commercial airliner).


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Lopez-Bernal, a Miami native and UF student, operates Transit Miami, which he describes as “a local website dedicated to discussing the transportation and urban planning problems that face our region.” In other words, he does what three decades of corrupt politicians have failed to do.

My trial has been postponed

Ever since I was charged with nine misdemeanors after photographing police against their wishes, many people I’ve talked to within the legal community have said that it is virtually impossible for a judge to grant a defendant’s request for a deposition if that defendant is facing only misdemeanor charges.

A deposition is a pretrial process that allows attorneys to gather evidence in order to prepare for the trial.

Under normal circumstances, an attorney files a request for deposition to the judge, then if granted, the attorney subpoenas witnesses and asks them a series of questions. A court reporter records the entire interview and a transcript becomes part of the case file.

But because this can become a timely and costly process, most judges deny depositions in misdemeanor cases.

Fortunately, that did not happen with my case, which is the reason my trial, originally scheduled to begin today, was postponed.

If LAPD wants to shoot unarmed brown people …

Why not send them all to Iraq?

If they want to bash the legs of brown children with their clubs for the crime of not walking fast enough, then they should be the ones partaking in our country’s liberation occupation of the Iraqi people.

If they want to disguise themselves in riot gear and unanimously beat, kick and shoot Mexican children, pregnant women and unarmed men – as well as the journalists documenting the abuses – then those criminals need to be stripped of their badges, guns and indistinguishable uniforms and thrown in the California State Prison system.

Then maybe they can take out their frustrations on the real Chicano criminal.

Because as it is right now, they are no worse than the Nazi war criminals who we fought against back in the 1940s.

If you don’t believe me, check out the following photos of Nazi soldier abuses, then look at the above videos of LAPD officers.

LAPD turns gestapo on media at immigration rally

In a disgusting show of force that is reminiscent of how Miami PD acted during the 2003 FTAA meetings, LAPD was caught on video clubbing journalists and shooting non-violent activists with rubber bullets, sending ten people to the hospital, including seven reporters.

The Los Angeles Times reports that several media organizations are weighing their legal options and Fox News reports that the LAPD will conduct an internal investigation into its own officers.

As I sit here preparing my own legal action against Miami PD as well await the results on an internal affairs investigation on the excessive force they used in arresting me, I can’t help but think about the time I witnessed NYPD diffusing a possible volatile situation during an immigration rally.

The May Day 2006 immigration rally in NYC had been very peaceful, but towards the end, a group of youths who were caught in the momentum of the protest were not exactly heeding police orders to disperse.

They weren’t being violent, but they were getting rowdy, chanting loudly and dancing in the streets, even mocking police. At one point, a group of flag-carrying youths ran up on the Brooklyn Bridge, testing to see just how far they can push the limits.

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An open letter to Wackenhut Chairman and CEO Gary A. Sanders

On May 1st, 2007, a Wackenhut security guard violated my First Amendment rights by denying me the right to take photos from the platform of a Metromover station in downtown Miami.

I am a photojournalist who was photographing the immigration rally marching through downtown that afternoon. A little after 6 p.m., I climbed to the second level of the Arena/State Plaza Station in order to photograph the marchers below.

I was immediately accosted by a uniformed Wackenhut security guard with the name “Perez” on his name tag and a Puerto Rican flag key chain dangling from his pants pocket. Perez told me that in absolutely no circumstances would I be allowed to take photos from the Metromover station.

Wackenhut

When I asked him why, he said “because I said so.”

So maybe I am an “arrogant prick”

But I’ve been known to let things slide, including copyright violations of my photos by a certain blogger who probably wouldn’t be stuck in traffic if he knew how to stand up for his rights.

This post is for you, Rick, in the hopes that you realize that dissent is sometimes the purest form of patriotism.

Not that you’ll be surprised, but this was not the first time I’ve been called an arrogant prick. And it won’t be the last. Hell, my own friends have called me that only for me to take it as a compliment.

“Then I was arrested and beat up by police Tuesday after photographing them against their wishes”

That is how I titled the first thread I posted on Democratic Underground two days after I had been released from jail. I posted it in DU’s Photo Group forum, a subsection of the extensive liberal website that has more than 100,000 registered members. The DU Photo Group is where liberal photographers congregate and for the most part, avoid political discussion.

I had just posted another thread with photos and comments about the Anna Nicole Smith media circus that I had attended the afternoon of my arrest, which is why I started the thread on my arrest with the word “then”. Had I known the thread would end up taking the blogosphere by storm, I would have been more grammatically correct.

About

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I am a Miami-based writer, reporter, photojournalist and videographer who operates Magic City Media (the website is going through a dramatic redesign, so please forgive its amateurish appearance.)

I’ve been a professional journalist for more than ten years, spending the bulk of my career writing for daily newspapers in the Southwest, including The Arizona Republic, the San Bernardino Sun, the Tucson Citizen and the Las Cruces Sun-News.

I’ve also been a freelance journalist in Europe, Arizona and New Mexico before returning to my hometown, Miami, and launching my company.

On February 20th, 2007, I was arrested by Miami police after taking photos of them against their wishes. The incident occurred just after 7 p.m. at Biscayne Blvd and 67th Street. The five officers were standing inside a construction zone that was closed off to traffic because of an ongoing road construction project. I was standing inside the same construction zone, about a half-block from the officers.

When the officers spotted me, they ordered me to keep walking as this was a “private matter”. When I reminded them that this was “public road”, the officers abandoned the investigation to deal with me.

After one of them escorted me across the street, they ordered me to continue walking away from the scene of the investigation. When I refused and continued to take their photo, they tackled me and bashed my head against the pavement, breaking a $400 camera flash and threatening to shoot me with a taser gun.

I ended up spending 16 hours in the county jail on nine misdemeanor counts, the main charge being that I was standing in the middle of the street taking photos obstructing traffic.

However, if you look at the picture I took seconds before they arrested me, you can the street behind the officers.

I pleaded not guilty and I’m now preparing to go to trial. I initially started this blog to document my case as it progresses because it gained a momentous amount of interest through the Internet.

But considering that First Amendment violations against photographers and journalists are so widespread, I ended up using this blog to document every case that comes to my attention.

These cases should not only be of interest to photographers and journalists, but to every person living in the United States. After all, Freedom of Expression is the one right we should never relinquish.2