NPPA Files Comments In NYPD Proposed Press Credential Rule Changes
NEW YORK, NY (April 6, 2010) – The National Press Photographers Association's general counsel has filed NPPA's comments with the New York City Police Department's Legal Bureau regarding the NYPD's proposed rule changes about the process for issuing city press credentials, one-time event credentials, and defining who is eligible to receive an NYPD press pass.
The proposed rule changes will be discussed tomorrow in a public hearing in New York.
Mickey H. Osterreicher, NPPA's lawyer, wrote to the NYPD that while NPPA appreciates the department's proposal to broaden the definition of "members of the press" and to modernize the city's credentialing system, the proposed rules are in some instances "overly burdensome, vague, and arbitrary."
"Some of those rules do not provide equal protection to out-of-town journalists and in themselves create new due process issues that may be challenged in court," Osterreicher said. At issue in this instance is the process proposed for those seeking to obtain a "Single Event Working Press Card" (as opposed to a standing permanent credential).
In another section of the proposed rules dealing with "press access," Osterreicher told the NYPD that NPPA is concerned that the new language providing for approval of a supervising officer to "cross police, fire lines, or other restrictions, limitations, or barriers established by the City of New York" is "on its face unconstitutional prior restraint under the First Amendment of the United States Constitution as well as under Article I, Section 8, of the New York State Constitution."
"It so severely limits the access intended to be granted to the bearer of the card as to make that privilege almost meaningless," Osterreicher wrote.
"NPPA would very much like to see a credentialing system for the online age that can serve as a model for governments around the country," Osterreicher said.
NPPA proposes that the city's proposed language be changed to read: “The Press Card entitles the bearer to cross police, fire lines or other restrictions, limitations, or barriers established by the City of New York at emergency, spot or breaking news events and public events of a non-emergency nature where police, fire lines or other restrictions, limitations, or barriers established by the City of New York have been set up for security or crowd control purposes, within the City of New York; and subject to space limitations, attend events sponsored by the City of New York which are open to members of the press.”
NPPA is also concerned that there have been instances in New York City where members of the media have been subjected to greater restrictions than members of the general public. Because of this NPPA has proposed adding additional language that says: “In no case will a member of the press bearing a valid Press Card issued by the NYPD be denied access to areas open to the general public or where a private property owner has granted that member of the press access to his/her property.”
NPPA's Region 2 regional chair Todd Maisel of the New York Daily News, a journalist who has worked in Manhattan for nearly 30 years, will attend Wednesday's public hearing and read NPPA's comments into the meeting's record.
Additional NPPA comments by Osterreicher on the issue as they were filed with New York City's Police Department Legal Bureau can be reviewed here as a downloadable Adobe Acrobat .PDF file.
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