The American Civil Liberties Union of Virginia will provide legal assistance to a photographer who was arrested for trespassing while taking pictures of the police during the recent sweep of Occupy demonstrators encamped at Kanawha Plaza in Downtown Richmond.
Ian Graham, a photographer for RVA Magazine in Richmond, was attempting to document the removal of Occupy demonstrators when he was told by police that he must confine his picture-taking to an area designated for press. Graham went to the press area but left when he determined that it restricted his view of the unfolding events. When he questioned the police’s authority to require him to remain there, he was arrested for trespassing.
At the time of the arrest Graham was in the crosswalk of a public street.
“From what we can tell, there was no justification whatsoever for this arrest,” said ACLU of Virginia Executive Director Kent Willis. “Not only was this a member of press operating under the protection of the First Amendment, but we still can’t fathom how anyone could be arrested for trespassing in a public street.”
“Mr. Graham and the police may have exchanged words regarding Graham’s right to freely move about in a public place, but the arrest appears to be nothing more than retaliation for questioning the police officer,” added Willis.
The arrest took place in the early morning hours on October 31. Graham was detained by police for approximately 30 minutes before being released with a summons to appear in court.
Graham is charged with a Class 1 Misdemeanor for violating Code Section 18.1-119 (Trespass after having been forbidden to do so). His hearing is set for November 18, 2011 in Richmond General District Court.
Graham is being represented by ACLU of Virginia cooperating attorney Patrick N. Anderson, an Alexandria criminal defense lawyer. Anderson is being assisted by ACLU of Virginia Legal Director Rebecca K. Glenberg and ACLU of Virginia Dunn Fellow Thomas Okuda Fitzpatrick.
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