Huntington Park Municipal Code Ch. 22 Press Freedom and Media Protection

Whereas, the First Amendment to the United States Constitution and Article 1, Section 2 of the California Constitution protect freedom of the press as a cornerstone of democracy; and

Whereas, journalists play a critical role in informing the public, particularly during times of civil unrest, public demonstrations, and emergency declarations; and

Whereas, in recent years, members of the press have been wrongfully detained, obstructed, or otherwise targeted while covering events subject to curfews or declared as unlawful assemblies in cities across the country; and

Whereas, California Penal Code § 409.7, as amended by SB 98 (2021), affirms that duly authorized media representatives may remain in public places during such events, even when the general public is ordered to disperse; and

Whereas, the City of Huntington Park is committed to upholding press freedom, protecting constitutional rights, and ensuring transparency and accountability in public safety operations.

(Ord. 2025-09, eff. September 3, 2025)

The following definitions shall apply to this chapter:

"Curfew order"

means any official order issued by the City or law enforcement restricting the movement of persons in public areas during specified hours.

"Media representative"

means any person who is a duly authorized representative of a news service, newspaper, magazine, radio, television station, online news outlet, or other recognized press organization, including freelance journalists with visible press credentials or equipment.

"Unlawful assembly"

means a gathering that has been officially declared unlawful under California Penal Code § 407 and ordered to disperse.

(Ord. 2025-09, eff. September 3, 2025)

Media representatives shall not be subject to any curfew orders issued by the City, nor required to disperse from the scene of an unlawful assembly, provided they are actively engaged in newsgathering and do not obstruct law enforcement operations or create a public safety hazard.

Media representatives may remain in any public place closed under a curfew or dispersal order, subject to reasonable safety and security measures as directed by law enforcement personnel.

(Ord. 2025-09, eff. September 3, 2025)

It shall be the policy of the City and the Huntington Park Police Department that no officer shall:

(a) Willfully interfere with, detain, threaten, cite, or arrest a media representative engaged in lawful newsgathering during a curfew or unlawful assembly;

(b) Confiscate, damage, or delete media equipment or recordings without a valid warrant or exigent circumstances recognized by law; or

(c) Obstruct or deny press access without a lawful basis.

Officers may request reasonable identification or credentials if necessary to verify press status, but lack of formal press credentials shall not alone be grounds for removal or arrest if newsgathering activity is apparent.

(Ord. 2025-09, eff. September 3, 2025)

The Huntington Park Police Department shall update training protocols to reflect the rights of media representatives during crowd control, civil unrest, and emergency response. All officers assigned to such events shall be briefed on this chapter and applicable state and constitutional protections.

(Ord. 2025-09, eff. September 3, 2025)

(a) Any violation of this chapter by City personnel may result in administrative review and appropriate disciplinary action.

(b) Nothing in this chapter shall be construed to limit the ability of any individual to seek civil remedies under State or Federal law.

(Ord. 2025-09, eff. September 3, 2025)

If any portion, subsection, sentence, clause, or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such a decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this chapter and each portion or subsection, sentence, clause, and phrase herein, irrespective of the fact that any one or more portions, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

(Ord. 2025-09, eff. September 3, 2025)

This chapter shall take effect 30 days after its adoption.

(Ord. 2025-09, eff. September 3, 2025)