Avi S. AdelmanDallas, Texas 75214

Representative Villalba,

I am writing to you in order to voice my vehement opposition to (proposed) House Bill 2918, which would prohibit photography of peace offi cers working in their offi cial capacity except when the photographer is standing more than 25 feet away and is a member of the media.

I am writing to you while wearing many hats -

I am a member of the National Press Photographers Association (NPPA)

I am a freelance photographer (www.AviAdelman.net)

I am a blogger (BarkingDogs.org)

I publish databases regarding police activity in Dallas (DailyCrimeReport.com and DallasPoliceWatch.com)

I was the coordinator for the NPPAs Right to Photograph and Record in Public program presented to more than 200 peace offi cers from North Texas held last October, an event sponsored by the Dallas Police Department and Dallas Sheriffs Offi ce (www.RightToPhotographInPublic.com)

And, fi nally, I am an American citizen

Your bill, as it is now written, is unconstitutional, discriminatory, and an offense to anyone who seeks accountability for the actions of peace offi cers. Please allow me to explain.

The First Amendment guarantees a free press. This is not just a right to publish the news, but to collect it, be it with a pen and paper, a printing press, a camera, or a blog. Your bill would prohibit anyone with a camera from documenting police activity in the public sphere.

March 13, 2015

The Honorable Jason VillalbaState Representative for District 114

Via fax - (512) 463-7827 FaxVia fax - (214) 363-8701 Fax

cc: Mickey Osterreicher, General Counsel for the National Press Photographers Association Alicia Calzada, co-counsel for the National Press Photographers Association

Your bill defi nes news media as someone working for a licensed radio or television station, a published newspaper (under certain conditions) or magazines. That narrow defi nition immediately removes network cable outlets, freelance photographers who may or may not be on assignment, bloggers, people who operate live-stream video feeds to websites, and of course, John and Jane Public carrying a digital or cellphone camera.

What local or state authority will make the fi nal determination of who does and does not get a press passs?? What kind of test will be applied to determine who is and who isnt a journalist?? Even the Dallas County Sheriffs Offi ce stopped issuing press credentials many years ago. In essence, a government agency will now decide who covers the news, and that is unconstitutional.

Why 25 feet? Why not 50 or even 100 feet? Right now, many police departments are struggling to defi ne what is a safe distance for the public (not just photographers) at a police scene. Each incident has its own dynamic for safety and access at the same time. Let the offi cers on the scene make those decisions.

What about people not carrying cameras standing near an incident?? Will you have one zone for those with cameras, and another zone for those without cameras?? What about hidden cameras, bodycameras and audio recorders? Will you ask the offi cers to search each person for contraband cameras before allowing them to watch their activity??

Mr. Villalba, your bill takes us back nearly 250 years, before there were cameras, and a small group of people controlled the press and information. Then we had a revolution and decided a free press and a free people were more important.

Please refer to the General Orders and Reference Materials page on the NPPA event website - www.TheRightToPhotographInPublic.com - for additional materials, legal cites and general orders from police departments around the country.

Please take this bill off the House calendar as soon as possible.

Regards,

Avi S. Adelman