Toledo Blade battling harassment of two journalists
Suit says Army deleted tank plant photos
April 4, 2014 11:34 PM
Dave Zapotosky/The Blade
Blade reporter Tyrel Linkhorn.
Dave Zapotosky/The Blade
Blade photographer Jetta Fraser
By Nolan Rosenkrans / Block News Alliance
TOLEDO, Ohio -- The Blade of Toledo filed a lawsuit Friday in U.S. District Court in Toledo against a variety of government officials over the detention last week of two journalists by military security outside the General Dynamics tank plant in Lima, Ohio.
Blade reporter Tyrel Linkhorn and photographer Jetta Fraser were detained March 28 by military security outside the plant and had cameras confiscated and pictures deleted.
The lawsuit states that Ms. Fraser and Mr. Linkhorn were unlawfully detained, that Ms. Fraser was restrained and received threats of bodily harm, that the cameras were confiscated and pictures destroyed, and that the pair's constitutional rights were violated.
The lawsuit claims Ms. Fraser and Mr. Linkhorn's First, Fourth, and Fifth Amendment rights were deprived, as were their rights under the First Amendment Privacy Protection Act.
"At all material times, Plaintiffs Fraser and Linkhorn were present in places that were open to the public and in which Plaintiffs had a lawful right to be," the lawsuit states. "At all material times, Plaintiffs Fraser and Linkhorn were engaged in fully lawful and constitutionally protected conduct, observing and photographing subjects that were and are open to public view and that Plaintiffs had full legal and constitutional rights to observe and photograph."
Mr. Linkhorn and Ms. Fraser were in Lima, a western Ohio city about 80 miles southwest of Toledo, covering a Ford Motor Co. news conference at the automaker's plant there. Afterward, they went to shoot photos of businesses in the area for future use, including the tank plant, which is also known as the Joint Systems Manufacturing Center.
The reporters were at the entry portions of the plant, in an area where no fence or gate restricted access, according to the complaint. They did not pass a guard hut, which is about 30 feet from Buckeye Road.
Ms. Fraser took several photographs, all of which were of property visible from public streets. As the pair were leaving, they were stopped by three officers from the Department of Army Police and questioned.
The officers asked for identification. Ms. Fraser showed the officers her Blade identification, but initially refused to provider her driver's license, since she was not driving any vehicle. The officers removed her from the vehicle and placed her in handcuffs.
The officers kept Ms. Fraser in handcuffs for more than an hour. The officers on several occasions referred to Ms. Fraser "in terms denoting the masculine gender," according to the lawsuit. Ms. Fraser objected; later, an officer told her, "You say you are a female, I'm going to go under your bra."
The officers confiscated two cameras, memory cards, a pocket-sized personal calendar and a notebook.
Through the intervention of U.S. Sen. Rob Portman, R-Ohio, a Blade photographer retrieved the cameras from the plant about 8:30 p.m. March 28 from a police commander. However, a number of pictures had been deleted, including all photographs of the Joint Systems Manufacturing Center and of the Husky Refinery Plant.
The Blade also filed a motion for a temporary restraining order Friday that would prevent the defendants from destroying any evidence, including any video recording to the events. The motion references the deletion of Ms. Fraser's pictures.
The Blade asks for unspecified compensatory and punitive damages.
Block News Alliance consists of the Pittsburgh Post-Gazette and The Blade of Toledo, Ohio. Nolan Rosenkrans: email@example.com or 419-724-6086, or on Twitter @NolanRosenkrans.
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