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A.S. Violates Brown Act
A video ban may have put the A.S. in a difficult legal position
James Franco
At the A.S. Senate meeting Tuesday, February 5, senators voted on whether to allow video recording at A.S. meetings leading to a violation of the Brown Act.
Before beginning of the meeting, DanaRose Crystal, a recurring spectator at such meetings, had set up a video camera in one corner of the room. She said she wanted to tape the proceedings for an online broadcast hosted by the Cypress College Chronicle.
Senator Jovan Maxwell objected, citing section 54953.5 of the Brown Act, and was seconded by Senator Lorena Cadena.
However, Maxwell misinterpreted the meaning of the act, stating that the hostile use of the film was disrupting the attention of the senators, when the Brown Act actually only prohibits a camera's disruption by illumination or sound.
Not realizing Maxwell had misinterpreted the law, A.S. President Ethan Morse put the measure to a "straw-pull vote" where the majority of A.S. members indicated that they would back Maxwell's request.
When Crystal refused once more, Maxwell threatened to walk out of the meeting, along with all the senators that supported him unless Crystal complied.
Crystal said that forcing her to turn off her camera was "ethically wrong" and a hate crime, and that she had no intention of complying.
Following an official vote, Morse asked Crystal for a final time to stop recording. She openly refused until Morse stood up and began to walk to the balcony with cell phone in hand, to contact Campus Safety.
Crystal eventually complied with the AS request by turning her camera off and away from the meeting. Morse canceled the call to security and took his seat again, continuing the meeting.
"It was hate against me," Crystal said, discussing the meeting. "This is government, and they hate me."
Crystal ascribes much of her difficulties to ageism. Though she declined to reveal her exact age, Crystal did comment that she felt victimized because of the large gap in years.
Senator Maxwell, on the other hand, claims the ban on video recording had nothing to do with Crystal's age, and everything to do with potentially defamatory videos she had previously posted on YouTube.
Following the ruling, extensive research was conducted by members of The Hornet into the matter's legality, at which time the actual interruption of the Brown Act became clear.
It was later explained to Maxwell and Morse, as well as other members of the senate. Senator Maxwell then conceded that his understanding of the act was in error as was the ensuing vote.
President Morse also agreed that the ruling was a mistake, but that the decision to stop this individual from taping the senate at meetings was proper.
Morse believes that Crystal's reasons for filming were not justified, and that the A.S. has no need to feel that they've done anything wrong.
"If she was a reporter and doing a job, we would be wrong, but she violated our rights by threatening us," Morse said.
Morse also said that Crystal has been filming senate meetings for six months, and they have seen no evidence that it has been used in a journalistic respect.
Before beginning of the meeting, DanaRose Crystal, a recurring spectator at such meetings, had set up a video camera in one corner of the room. She said she wanted to tape the proceedings for an online broadcast hosted by the Cypress College Chronicle.
Senator Jovan Maxwell objected, citing section 54953.5 of the Brown Act, and was seconded by Senator Lorena Cadena.
However, Maxwell misinterpreted the meaning of the act, stating that the hostile use of the film was disrupting the attention of the senators, when the Brown Act actually only prohibits a camera's disruption by illumination or sound.
Not realizing Maxwell had misinterpreted the law, A.S. President Ethan Morse put the measure to a "straw-pull vote" where the majority of A.S. members indicated that they would back Maxwell's request.
When Crystal refused once more, Maxwell threatened to walk out of the meeting, along with all the senators that supported him unless Crystal complied.
Crystal said that forcing her to turn off her camera was "ethically wrong" and a hate crime, and that she had no intention of complying.
Following an official vote, Morse asked Crystal for a final time to stop recording. She openly refused until Morse stood up and began to walk to the balcony with cell phone in hand, to contact Campus Safety.
Crystal eventually complied with the AS request by turning her camera off and away from the meeting. Morse canceled the call to security and took his seat again, continuing the meeting.
"It was hate against me," Crystal said, discussing the meeting. "This is government, and they hate me."
Crystal ascribes much of her difficulties to ageism. Though she declined to reveal her exact age, Crystal did comment that she felt victimized because of the large gap in years.
Senator Maxwell, on the other hand, claims the ban on video recording had nothing to do with Crystal's age, and everything to do with potentially defamatory videos she had previously posted on YouTube.
Following the ruling, extensive research was conducted by members of The Hornet into the matter's legality, at which time the actual interruption of the Brown Act became clear.
It was later explained to Maxwell and Morse, as well as other members of the senate. Senator Maxwell then conceded that his understanding of the act was in error as was the ensuing vote.
President Morse also agreed that the ruling was a mistake, but that the decision to stop this individual from taping the senate at meetings was proper.
Morse believes that Crystal's reasons for filming were not justified, and that the A.S. has no need to feel that they've done anything wrong.
"If she was a reporter and doing a job, we would be wrong, but she violated our rights by threatening us," Morse said.
Morse also said that Crystal has been filming senate meetings for six months, and they have seen no evidence that it has been used in a journalistic respect.
Viewing Comments 1 - 4 of 15
DanaRose Crystal
posted 2/22/08 @ 9:45 PM PST
A few things: I thank Hornet Adviser Mr. Jay Seidel and writer James Franco for for clearing up the legal aspects of the Brown Act insofar as videotaping is concerned; because had the Brown Act been all that Jovan Maxwell said it was, my next move would've been to head to Sacramento in order to change the law. (Continued…)
DanaRose Crystal
posted 2/28/08 @ 9:12 PM PST
The four videos on Youtube are at the addresses below. It SO rich that one senator actually referred to these as "making fun of AS people on YouTube."
These are cute moments, and worthwhile. (Continued…)
Michael Ivan
posted 3/01/08 @ 6:28 PM PST
Are you serious about this? Do you honestly think that they were being ageist? I honestly think that this is just a cry for attention. This whole deal is so pathetic that I honestly believe I lost brain cells trying to understand why you're going through all this trouble. (Continued…)
Corey R. Wardrop
posted 3/19/08 @ 12:38 AM PST
"I had posted there frequently since Spring 2006, and never had problems with anyone. The rotten "Adolph Hitler" of the group (Corey/Catalyst/Sheppard ) went after me when I told him off for attacking the hapless newbies. (Continued…)
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