Volume 102 THE BLUE FLYER 2001

______________ The thoughts and observations of Mark G. Bralley _______________

How Democratic is this?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievance.

First Amendment to the United States Constitution.
Governor Bill Richardson, left speaks to a television camera welcoming eight candidates for the Democratic presidential nomination to New Mexico.
Photo by M. G. Bralley
On September 4, 2003, eight of the nine declared Democratic party candidates for their party's presidential nomination met in Albuquerque for a televised debate.
The event was co-hosted by New Mexico Governor Bill Richardson, the Hispanic Congressional Caucus, the Public Broadcasting Service McNeil/Lehrer Productions and Univision, the Spanish language network.
PBS and Univision jointly televised the event live. The debate was held at the University of New Mexico's Center for the Arts' Popejoy Hall before a packed house.

The candidates gathered on stage and answered prepared questions from two television journalists. The format did not meet the classic definition of a debate.

When media credentials were issued, no ground rules were posted or published. The credentials were honored at the doors of Popejoy Hall. I went through two different doors, in the balcony and near the front of the hall on the ground level, and was welcomed in by ushers.
More than halfway through the 90-minute event, plainclothes New Mexico State Police officers waded into the audience challenging photographers. The officers claimed several did not have proper credentials ejecting them one at a time. The only identification the officer who confronted me had was a small lapel pin replicating the state police shoulder patch. He also was wearing an earpiece with a clear plastic coiled tube that led to a concealed radio. The officer did not otherwise identify himself, though his demeanor, speech and bearing were clearly those of a person exercising authority.
After removing the photojournalists, the trooper said that only three still photographers were permitted in the hall. This was the first indication that a press photographers' pool was in effect.
I questioned the state police officer as to why there were no postings or handouts to inform photographers about any ground rules for the event. He had no answer. He turned custody of me over to uniformed state and university police officers with the instruction to check me out for possible warrants and to evict me from the property.
New Mexico State Police Officer Audi Miranda demanded my driver's license. I asked what his probable cause was and his response was he needed none. When challenged, he took a tough tone stating that I should either produce the driver's license or he said, "I'll put your ass in jail."
Mark Bralley being questioned by State Police Officer Audi Miranda and UNM police officers outside Popejoy Hall.
Photo by Dusty Arrington.
I produced the driver's license and continued to ask what underlying crime I had committed that gave them either probable cause or even a reasonable suspicion to detain me and to challenge my identity. A young female UNM police officer first said because it was she had been told to do so. I suggested that German soldiers in the 1930's and 40's, during World War II, had used such reasoning with bad results. She then said it was because I had the wrong credentials. I asked her what crime was it to have the wrong credentials? She said trespassing. I told her that in New Mexico, trespass was the refusal to leave the property when told to do so. I had not refused to leave so there was no crime. The credentials were an invitation to the event and without any posted rules how could anyone be reasonably expected to know that they were in violation of such rules?
Further, when the ushers recognized the credentials and welcomed photographers into the hall, how is one to know that anything is out of the ordinary?
When the warrant check was complete, I was told that I would be escorted from the property. I asked if that was Popejoy Hall or UNM. I was told the University. I asked if they were going to throw a UNM student off campus? A UNM police sergeant asked if I was a UNM student and then demanded my student identification card. He stated that I did not have to leave the campus, only that I could not go back into Popejoy Hall.
Issues
Several Constitutional issues immediately come to the surface.
How does the Public Broadcasting Service McNeil/Lehrer Productions, a partially tax funded entity using a government building, believe they may violate the protections of the First Amendment?
How does Bill Richardson, the Governor of the State of New Mexico, allow the use of his State and UNM Police to impose restrictions on members of the press that the sponsors accredited?
Why were any limitations placed on photographers who were in the hall and not interfering with the event?
Why are police officers using their apparent authority to remove members of the press?

Clearly the original officer was doing the dirty work for the possibly incompetent press coordinators who had failed to adequately inform members of the media of any possible ground rules that would have restricted the number of photographers allowed in the hall.

Further the press coordinators had also failed to inform the ushers what credentials were to be honored in the hall.

Why does a police officer then use intimidating tactics when questioned about his authority by requiring the warrants check and ordering the photographer off the premises?

Another photographer who was also removed from the hall by the same officer was not made to suffer the indignity of a warrant check. This was an obvious attempt to send a message that one does not question a State Police Officer's "lawful authority" without suffering a humiliating response.

With over 27-years of law enforcement experience, the message was, to me in fact, the opposite.

The State Police Officer was ignorant of both the federal and state constitutional provisions addressing "abridging the freedom of the press." No legal violation existed upon which the officer could act.

All the officers woefully failed to live up to their oaths of office by not protecting the Constitution first, but used their misperceptions of what laws actually mean. The officers served at the whim of the commercial interests of the television broadcasters in this made for TV event against other media representatives who were trying to document the event.

New Mexico law is clear that the only person with the authority to remove a person from a governmental building is the lawful custodian of that building, facility or property and then only if the person to be removed is violating one of the specific crimes listed.
30-20-13. Interference with members of staff, public officials or the general public; trespass; damage to property; misdemeanors; penalties. (1981)
C. No person shall willfully refuse or fail to leave the property of or any building or other facility owned, operated or controlled by the state or any of its political subdivisions when requested to do so by a lawful custodian of the building, facility or property if the person is committing, threatens to commit or incites others to commit any act which would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures or functions of the property, building or facility.

E. Nothing in this section shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute.