Two independent photographers have initiated legal action claiming that law enforcement officers unlawfully fired rubber bullets at them during a demonstration against police discrimination in Wisconsin three years ago.
Alyssa Schukar and Scott Olson filed the lawsuit in federal court in Milwaukee on July 4. The lawsuit states that Schukar and Olson were tasked with documenting protests in Kenosha in August 2020 for the New York Times and Getty Images, respectively.
The protests erupted following the shooting of Jacob Blake, a Black individual, by a white police officer seven times during a domestic incident. Blake was left paralyzed as a result of the shooting.
The demonstrations continued for several days. Kyle Rittenhouse, a teenager residing in neighboring Illinois at the time, shot three individuals during a protest on Aug. 23, resulting in the deaths of two. Rittenhouse was acquitted of charges of homicide and reckless endangerment in November 2021 after claiming self-defense. At the time of the shootings, Rittenhouse was 17 years old.
Schukar and Olson were documenting a protest two days after the Rittenhouse shootings when they were struck by rubber bullets and exposed to chemical agents by officers, as per the lawsuit. They claim that law enforcement used excessive force, violating their constitutional rights to freedom of speech and due process, and are seeking damages of an unspecified amount.
The lawsuit identifies Kenosha County Sheriff David Beth, former Kenosha Police Chief Daniel Miskinis, and 10 unnamed sheriff’s deputies and police officers as defendants.
“The journalists are exercising their right to seek legal recourse,” stated Attorney Samuel Hall, who is representing Kenosha County in the lawsuit. “We strongly dispute the claims made in the complaint, and the county will vigorously defend itself.”
New York Times and Getty Photographers File Lawsuit Over Injuries sustained during Kenosha Riots
The recent civil unrest in Kenosha, Wisconsin, following a police shooting of Jacob Blake, has led to not only property damage and looting but also physical harm to individuals on the scene, including journalists covering the events. In a significant development, photographers from The New York Times and Getty Images have filed a lawsuit against the city and law enforcement agencies for injuries sustained during the riots.
The Incident
During the tumultuous days following the shooting of Jacob Blake, photographers from The New York Times and Getty Images were on the ground documenting the unfolding events. In the midst of chaotic scenes, they were subjected to violence from both protesters and law enforcement officers, resulting in injuries that range from minor to severe.
The Lawsuit
The lawsuit filed by the photographers alleges that they were deliberately targeted by law enforcement officers, who used excessive force against them despite their clearly identified press credentials. The complaint further accuses the city of Kenosha of failing to provide adequate protection to members of the press, thereby violating their First Amendment rights.
Legal Standing
The case raises important questions about the rights of journalists to report on public demonstrations and the responsibilities of law enforcement agencies to ensure their safety. The plaintiffs are seeking damages for physical injuries, emotional distress, and violation of their constitutional rights.
Impact on Journalism
Incidents like the one in Kenosha highlight the risks faced by journalists in conflict zones and volatile situations. The ability of the press to document and report on events without fear of reprisal is essential for a functioning democracy. This lawsuit underscores the importance of protecting press freedom and holding accountable those who would seek to suppress it.
Benefits and Practical Tips for Journalists
- Always carry and prominently display press credentials while covering volatile situations.
- Stay in close contact with your news organization and colleagues for support and coordination.
- Be aware of your surroundings at all times and have an exit strategy in place in case of emergencies.
- Report any incidents of violence or harassment to the relevant authorities and seek medical attention if necessary.
Firsthand Experience
Speaking about the lawsuit, one of the photographers involved stated, “As a journalist, I have always understood the risks inherent in my profession. However, what happened in Kenosha was not just a random act of violence; it was a targeted attack on the press. I hope that this lawsuit will not only bring justice to those of us who were injured but also send a message that press freedom must be upheld at all costs.”
Conclusion
The lawsuit filed by The New York Times and Getty photographers serves as a stark reminder of the dangers faced by journalists in conflict zones and the importance of protecting press freedom. It is a case that will not only determine the legal accountability of those responsible for the injuries but also set a precedent for how incidents involving the press are handled in the future. As the case unfolds, it will be closely watched by journalists, media organizations, and advocates for free speech around the world.
