Sept. 9, 2002

Secretary Maria Contreras-Sweet
Director Jerry Jolly
Alcohol and Beverage Control Agency
3810 Rosin Court, Suite 150
Sacramento, CA 95834

Dear Ms. Contreras-Sweet and Mr. Jolly,

I am writing to request that you investigate the circumstances surrounding the recent arrest and confiscation of film from Misha Osinovskiy, a photographer for The Orion, UC Chico's campus newspaper.

Facts reported by the media indicate an outrageous lack of professionalism and ignorance of basic civil rights by your agent.

Although your agency's reason for arresting the photographer has changed at least three times, none of the assertions-even if true-are sufficient reason to arrest a working member of the press (or anybody else for that matter) for taking a photograph.

Even if the published reports of your agent's claims are accurate, which is in dispute, your agency clearly should drop the charges against Osinovskiy, apologize to him and hope no further litigation follows.

If there was concern that the agent's undercover work might be compromised by publication of a photograph, then the agent should not have blown his cover by making an arrest for a misdemeanor infraction on a public street. People have the right to take photographs in public places.

As you know, there are wide discrepancies in the way the agent and photographer describe the arrest. Photographic evidence repudiates your agent's version in at least two ways: The agent reportedly said five photographs were taken from about two feet away and that the flash was blinding him. (Developed photos show that only two photos were taken, the nearest was taken from across the bed of a pickup truck with the agent on the other side. The second photo was taken from even further away from the agent.)

The developed film suggests that your agent fabricated information to improve his arrest circumstances, which is a frightening revelation. I trust that you will take a close look at this agent's other cases to determine whether there is a pattern to his behavior.

Will you please remind your staff and agents that the First Amendment to the U.S. Constitution absolutely prohibits the arrest of a photojournalist under the conditions described by your agent. And that confiscation of film is illegal under virtually all circumstances. Even a magistrate cannot issue a warrant to search and seize unpublished film from a news organization.

Your agent's behavior should be reprimanded so that he and your other field operatives understand that you will not tolerate such behavior. I appreciate your looking into this matter and look forward to your response.

Sincerely,

Kent Pollock
Executive Director