The city of Los Angeles has come to a tentative agreement to pay $500,000 to two journalists from Knock LA who allege their constitutional rights were violated by police during their arrests while covering a protest in Echo Park four years ago.
The settlement, which still requires approval from the City Council, aims to cover damages and attorney fees and comes just before jury selection was set to begin for the federal civil trial.
Kate McFarlane, the attorney representing journalists Jonathan Peltz and Kathleen Gallagher, expressed her disappointment with the outcome.
She lamented that despite the settlement, it highlighted the persistent issues within the Los Angeles Police Department (LAPD) regarding their treatment of journalists, particularly during recent protests against President Donald Trump’s administration.
In recent weeks, instances of violence against reporters have reportedly continued, with LAPD using a variety of crowd-control methods to suppress the First Amendment rights of journalists, according to McFarlane.
An LAPD spokesperson declined to comment on the matter, while the Los Angeles City Attorney’s office did not respond to inquiries regarding the lawsuit.
The legal case involving the Knock LA reporters stems from an incident that occurred on March 25, 2021, when Peltz and Gallagher were reporting on the police removal of a homeless encampment near Echo Park Lake.
The lawsuit asserts that the journalists clearly identified themselves and were acting in accordance with their rights to cover police activity when they were arrested after the LAPD declared an unlawful assembly.
Under California law, journalists typically have the legal right to report on police actions even amidst dispersal orders directed at the general public.
On the same night, other journalists, including Times reporter James Queally, Spectrum News reporter Kate Cagle, and L.A. Taco reporter Lexis-Olivier Ray, were also present.
Unlike Peltz and Gallagher, these journalists were released at the scene, while the Knock LA reporters were handcuffed with plastic zip ties, searched, and detained for more than four hours without any charges being filed against them.
The lawsuit details that Peltz was later taken to the hospital due to swelling in his arms and hands caused by a pinched nerve from the zip ties.
Out of more than 180 individuals arrested that night, none faced any criminal charges.
Legal representatives for Peltz and Gallagher argued that their detainment exemplified a longstanding pattern by LAPD officers of obstructing and retaliating against journalists, particularly those from smaller, nontraditional media outlets since the 2000 Democratic National Convention.
During the litigation, it was revealed through text messages that then-LAPD Chief Michel Moore was actively inquiring about Queally’s detainment.
Moore communicated with senior staff members following an inquiry from another Times reporter concerning the situation.
A discussion was initiated among high-ranking officials regarding the implications of Queally’s arrest, leading to a strategic decision where a spokesperson was sent to identify and assist him.
An after-action report released by the LAPD acknowledged some missteps in their handling of media personnel during the event.
However, the LAPD maintained that their officers felt threatened at the time, justifying the need for arrests.
They have since claimed to have increased outreach to local media and provided training for new sergeants and detectives to better identify journalists at mass gatherings.
McFarlane stressed that the core issue transcends the LAPD’s perception of who qualifies as media.
She emphasized that the department’s actions indicate a broader effort to evade scrutiny, particularly when their conduct is challenged as unlawful.
In conclusion, while the financial settlement represents a step towards accountability, the ongoing patterns of repression against reporters by LAPD highlight the need for continued advocacy for journalists’ rights within the city.
image source from:latimes