Santa Ana press-access dispute draws First Amendment questions

Voice of OC Publisher Norberto Santana Jr. wrote Tuesday that Santa Ana Mayor Valerie Amezcua and other city officials often avoid questions from local reporters, citing recent disputes over recording and interviews at public debates.

The Voice of OC column framed the incidents as questions of public access, press accountability and First Amendment protections during a Santa Ana election season.

Santana wrote in Voice of OC that Amezcua rarely grants interviews or takes questions from local press. He also wrote that Councilwoman Thai Viet Phan rarely returns calls about public policy issues, Councilwoman Jessie Lopez is consistently responsive and Councilman David Penaloza has improved his record of returning calls during his state Assembly campaign.

The column cited several pending or past access disputes. Santana wrote that Santa Ana Police Chief Robert Rodgriguez has not responded to his interview request about law enforcement officers shooting non-lethal rounds at peaceful protesters last year. Daniel Diaz, publisher of the Santanero newspaper, told Santana he is still waiting for city officials to fulfill public records requests tied to that incident.

Voice of OC also reported that Amezcua and a council majority agreed to settle a $600,000 claim by a former city manager who said she was forced out. Santana wrote that council members kept the claim letter from the public for months until media members began threatening lawsuits.

The column focused in part on Ben Camacho, a reporter with Inadvertent, who tried to ask Amezcua about Flock cameras at a city council and mayoral debate. According to Voice of OC, Amezcua later said in a social media post that she denied Camacho’s interview request and that he did not tell her he was recording her.

David Loy, director of the First Amendment Coalition, told Voice of OC that public recording has constitutional protection in many settings. “There’s a First Amendment right to record matters of public interest outdoors,” Loy said. He added, “There might not be an absolute constitutional right to record indoors, but California doesn’t categorically prohibit all recording inside.”

Voice of OC reported that resident and activist Fernando Deveras posted video showing Amezcua asking organizers at a debate to tell him videotaping was not allowed. Dan Shimell, an attorney and Santa Ana mayoral challenger, criticized the episode on Instagram, saying, “I think it says a lot about our mayor that she would interrupt a debate to get one person to stop recording her speaking on matters of public concern.”

A Santa Ana debate sponsored by the Santa Ana Chamber of Commerce was scheduled for 5 pm to 8 pm at Santa Ana College, according to Voice of OC.