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A4 U.S. NEWS
Wednesday 24 august 2022
ACLU sues over Arizona law limiting filming of police

By TERRY TANG after the Arizona law took
Associated Press effect, the 10th Circuit
PHOENIX (AP) — A contro- Court of Appeals in Denver
versial Arizona law restrict- ruled that a YouTube jour-
ing how the public can film nalist and blogger’s lawsuit
police faced its first legal against a suburban Denver
challenge Tuesday with a police department could
lawsuit filed by the Ameri- move forward. The blogger
can Civil Liberties Union. claimed an officer blocked
The group’s Arizona chap- him from recording a 2019
ter, joined by several Ari- traffic stop.
zona news organizations, The Phoenix Police Depart-
filed a petition in U.S. District ment, which oversees the
Court. They argue the law nation’s fifth-largest city,
criminalizes First Amend- has been criticized in re-
ment freedoms. cent years for its use of
“This law is a violation of force, which disproportion-
a vital constitutional right ately affects Black and Na-
and will severely thwart tive American residents.
attempts to build police Reporters and photogra-
accountability. It must be phers say this law will make
struck down before it cre- it nearly impossible to do
ates irreparable commu- their job, especially at mas-
nity harm,” the ACLU wrote Phoenix Police stand in front of police headquarters on May 30, 2020, in Phoenix, waiting for sive events like protests. The
in a statement on its blog. protesters marching to protest the death of George Floyd. Associated Press outlets that are also plain-
In the complaint, the group tiffs in the suit include Phoe-
contends the law not only nifer Liewer said. Penzone’s closer without an officer’s certain types of police ac- nix Newspapers Inc.; Gray
has “blatant constitutional office did not immediately permission. An officer can tions, including questioning Television; Scripps Media;
issues” but is too ambigu- responded to a message order someone to stop of suspects and encounters KPNX-TV; Fox Television Sta-
ous in some parts. They are seeking comment. filming even if they are on involving mental or behav- tions; NBCUniversal Media;
seeking an injunction bar- Bystander cellphone videos private property recording ioral health issues. Arizona Broadcasters Asso-
ring law enforcement and are largely credited with re- with the owner’s consent People who are the direct ciation; States Newsroom;
others from enforcing the vealing police misconduct if an officer finds they’re in- subject of police interac- Arizona Newspapers Asso-
law. Arizona Attorney Gen- — such as with the 2020 terfering or deems the area tion are also exempted. ciation; and the National
eral Mark Brnovich, Marico- death of George Floyd at unsafe. They can film as long as Press Photographers Asso-
pa County Attorney Gener- the hands of Minneapolis The penalty is a misde- they’re not being arrested ciation.
al Rachel Mitchell and Mar- officers — and reshaping meanor that would likely or searched. Someone in “We fear that, rather than
icopa County Sheriff Paul the conversation around incur a fine without jail time. a car stopped by police or acting as a shield to ensure
Penzone are all named as police transparency. But It was crafted by Republi- being questioned can also ‘officer safety,’ this law will
defendants. some Arizona lawmakers can state Rep. John Kava- film the encounter. Kava- serve as a sword to abridge
Brittni Thomason, a spokes- say legislation is needed to nagh, a former police of- nagh said these changes the ‘clearly established’ First
person for Brnovich’s office, limit people with cameras ficer, who argued officers were made with input from Amendment right to video
declined to comment since who deliberately impede need to be able to do their the ACLU. record police officers per-
the office had not received officers. job without interference. In similar cases, six of the forming their official duties
a copy of the complaint. The law, signed by Repub- The law still allows people to nation’s dozen U.S. ap- in public,” Mickey H. Oster-
The Maricopa County At- lican Gov. Doug Ducey record police activity from peals courts have ruled on reicher, general counsel for
torney’s Office does not in July, makes it illegal to a safe distance, he said. the side of allowing people the National Press Photog-
comment on pending liti- knowingly film police of- The original legislation was to record police without re- raphers Association, said in
gation, spokesperson Jen- ficers 8 feet (2.5 meters) or amended so it applies to striction. Less than a week a statement.q

New Orleans short-term rental rule struck down by court

ing licenses for short-term historic neighborhoods and excessive in relation to the
Airbnb-style rentals to city that vacationers’ all-night putative local benefits.’”
residents unconstitutionally parties and noise were of- But the appeals court judg-
blocks out-of-state prop- ten pushing the limits of es said the city must look at
erty owners from the va- New Orleans’ reputation alternatives that don’t elim-
cation rental market in the for revelry. The 5th U.S. Cir- inate out-of-state property
popular tourist destination, cuit Court of Appeals ruled owners, such as higher tax-
a federal appeals court Monday that the provision es on short-term rentals, lim-
has ruled. unconstitutionally restricts its on the number of licenses
The 2019 ordinance was interstate commerce. issued in a given area or re-
adopted by the New Or- The three-judge panel quirements that short-term
leans City Council in hopes unanimously overturned rental owners hire an oper-
of slowing the spread of the decision of a lower ator to stay on the property
“whole-home” vacation court judge who upheld overnight “thus acting as
Short term rental property owners protest outside City Hall in rentals, amid complaints the law — despite agree- the ‘adult supervision’ that
New Orleans, Jan. 10, 2019. that the rentals were driv- ing that it restricted inter- the City ostensibly hopes
Associated Press
ing up property costs and state commerce — be- live-in owners will provide,”
By KEVIN McGILL NEW ORLEANS (AP) — A tax assessments, that full- cause he said “the burden Judge Jerry Smith wrote for
Associated Press New Orleans law restrict- time residents were leaving it imposed was not ‘clearly the panel. q