ACLU sues over Ariz. law limiting filming of police
PHOENIX – A controversial Arizona law restricting how the public can film police faced its first legal challenge Tuesday with a lawsuit filed by the American Civil Liberties Union.
The group’s Arizona chapter, joined by several Arizona news organizations, filed a petition in U.S. District Court. They argued the law criminalizes First Amendment freedoms.
“This law is a violation of a vital constitutional right and will severely thwart attempts to build police accountability. It must be struck down before it creates irreparable community harm,” the ACLU wrote in a statement on its blog.
In the complaint, the group contended the law not only has “blatant constitutional issues” but is too ambiguous in some parts.
They are seeking an injunction barring law enforcement and others from enforcing the law.
Arizona Attorney General Mark Brnovich, Maricopa County Attorney Rachel Mitchell and Maricopa County Sheriff Paul Penzone are named as defendants.
Brittni Thomason, a spokesperson for Brnovich’s office, declined to comment becasue the office had not received a copy of the complaint. The Maricopa County Attorney’s Office does not comment on pending litigation, spokesperson Jennifer Liewer said. Penzone’s office did not immediately respond to a message seeking comment.
Bystander cellphone videos are largely credited with revealing police misconduct – such as with the 2020 death of George Floyd at the hands of Minneapolis officers – and reshaping the conversation around police transparency. But some Arizona lawmakers said legislation is needed to limit people with cameras who deliberately impede officers.
The law, signed by Republican Gov. Doug Ducey in July, makes it illegal to knowingly film police officers 8 feet or closer without an officer’s permission. An officer can order someone to stop filming even if they are on private property recording with the owner’s consent if an officer finds they’re interfering or deems the area unsafe.
The penalty is a misdemeanor that would likely incur a fine without jail time.
It was crafted by Republican state Rep. John Kavanagh, a former police officer, who argued officers need to be able to do their job without interference. The law still allows people to record police activity from a safe distance, he said.