St. Louis County Police Chief Jon Belmar told The St. Louis American that he wanted to avoid any arrests involving the media “like the plague” on Friday, Nov. 14. But, that’s exactly what happened during a late-night protest in Ferguson last night.
Gerald “Trey” Yingst, an independent reporter with News2Share based in Washington, D.C., was arrested and charged with unlawful assembly, according to St. Louis County Police. Belmar had advised American staff concerned about arrests during protests to always carry their credentials to help law enforcement better distinguish press. In a photo taken of Yingst, his press badge visibly hung around his neck.
That night, Lt. Jerry Lohr of the St. Louis County Police Department served as site commander. After blocking traffic on S. Florissant Rd., officers warned protestors not to impede the flow of traffic – and if they disobeyed said they would be subject to arrest. Yingst said via Twitter that he was standing on a public sidewalk exercising his First Amendment rights when he was arrested. He was released from the St. Louis County Justice Center in Clayton shortly after.
The First Amendment protects the freedom of speech and press as well as the right to peaceably assemble and petition the Government for a redress of grievances.
“The department is looking into the circumstances surrounding Mr. Yingst’s arrest,” Belmar said.
The American could not reach Yingst for a comment. The arrest comes after a federal judge granted three court orders against the Missouri State Highway Patrol, St. Louis County and the City of Ferguson on Friday, Nov. 21. Law enforcement were ordered not to interfere with individuals, including media, photographing or recording during protests at public spaces, according to the American Civil Liberties Union of Missouri. The court orders apply to individuals who are not threatening the safety of others or physically interfering with law enforcement’s ability to perform their duties during protests.
In the weeks of civil unrest that followed, law enforcement has been heavily criticized for infringing on that right.
When meeting with the editorial staff last week, Belmar told The American that officers had received over 5,000 hours of training on Constitutional Rights like the First, Fourth and 14th Amendments and have revisited the Oath of Office. He said training began during last month’s Weekend of Resistance, a three-day weekend of coordinated acts of civil disobedience that took place across the St. Louis region and resulted in 49 arrests. He said officers have been encouraged to carry laminated cards containing the Amendments and Oath of Office – as reminders.
Belmar spoke to the news staff of The American along with St. Louis Metropolitan Police Chief Sam Dotson and Missouri State Highway Patrol Captain Ron Johnson. They form the leadership of the Unified Command ordered by Gov. Jay Nixon – who recently declared a State of Emergency in preparation of any “contingencies” that might occur following the grand jury’s decision regarding whether or not to indict Ferguson Police Officer Darren Wilson in the fatal shooting of unarmed teen Michael Brown Jr.
A decision could come any day.
In August, there were highly-publicized arrests of several journalists covering the unrest in Ferguson and complaints regarding law enforcement restricting media access – both on the ground and in the air. Journalists on the ground were instructed to remain in designated areas during violent protests. Law enforcement also requested a FAA-approved ‘No-fly’ zone to restrict aerial news coverage of protests, according to the AP.
“We are pleased that there are court orders requiring the police to respect the First Amendment rights of journalists,” said Tony Rothert, legal director of the ACLU of Missouri. “With court orders in place, immediate recourse will be available if the freedom of the press is violated.”
Yingst’s arrest violated court orders.
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