ST. LOUIS _ St. Louis police officers will be required each month to read and acknowledge a special order reiterating the rights of journalists, according to Interim Police Commissioner Lawrence O'Toole.
It states that members of media must be provided, at a minimum, the same access that others are given, but that scene commanders can use their discretion to grant journalists select privileges, so long as the officers' duties and the safety of other members of the public won't be compromised.
Officers are expected to read such orders and acknowledge they've read and understand them on a monthly basis, O'Toole said. Also, the department will send all officers an advisory asking them to allow journalists to do their jobs and increase officer training in dealing with journalists.
"News media will be given every consideration by Department members so that they may perform their news-gathering function; however, they are not entitled to interfere with an officer's performance of duty or the safety of citizens," the new order reads.
The move stems from an Oct. 26 meeting between St. Louis Post-Dispatch editors, Mayor Lyda Krewson and O'Toole to discuss the way police officers have interacted with reporters covering unrest over the acquittal of former city cop Jason Stockley. Post-Dispatch reporter Mike Faulk was arrested in September while on assignment at a protest downtown.
"The Post-Dispatch is encouraged that St. Louis city leaders have listened to our concerns about journalists being able to do their jobs amid an environment that protects them from unwarranted arrests and physical abuse," Post-Dispatch Editor Gilbert Bailon said. "We are hopeful this new approach will lead to a safe environment for all journalists to provide essential news coverage for the public."
On Sept. 17, Faulk was among roughly 100 people swept up when police used a tactic called "kettling" to box them in and arrest them on suspicion of failing to disperse.
Lewis Rice attorney Joseph Martineau, who represents the paper, said the changes in protocol "serve as recognition that mistakes were made in arresting the journalists."
But as of Thursday afternoon, "no decision has been made" whether to charge Faulk, said City Counselor Julian Bush.
O'Toole says that decision rests with Bush's office. Bush said his office doesn't have all the information yet from the Police Department to make a determination.
Following Faulk's arrest, an attorney for the Post-Dispatch demanded the city implement protocols to prevent "any recurrence of arrests of journalists who are covering these important events and who are engaged in no criminal activity whatsoever."
In addition to the special order, all officers will receive an advisory emphasizing that while reporters aren't immune from arrest should they break the law, officers should otherwise do nothing to interfere with journalist's ability to gather information and report it to the public.
The rights of journalists also will be emphasized as part of training cadets receive at the police academy, and will be included in continued training given to officers already on the force, O'Toole said.
"If you look at the larger picture, we deal with the media on a daily basis. We have crime scenes every day and have for years. Our interactions are constant. I think this will help," O'Toole said. "If there's a way we can improve, we want to improve."
On Wednesday, a federal judge issued wide-ranging restrictions on the ability of St. Louis police to declare protests "unlawful" and use chemical agents against protesters.
U.S. District Judge Catherine Perry said the "kettle" in which Faulk was arrested "cannot meet constitutional standards," as it was conducted without evidence of "force or violence to officers or property" in the area.
