I had my rights treaded upon

A recent discussion and set of tweets prompted me to share this story. A story that happened almost three months short of a year ago. A recent short twitter conversation between @Chaqaq and Honolulu Mayor @PeterCarlisle.

The excerpt is below:

Here is my story about what happened:

The Asian Pacific Economic Cooperation Leaders week was about to descend upon Honolulu. Soon, the quiet unassuming city in the middle of the Pacific Ocean would soon be the site of many meetings between twenty-three world leaders, discussing economic policy and the affairs of their respective states.

For much of the entire week leading up to the leaders summit in November I was a stringer for Agence France-Presse. I was a part of a six person photo team covering the events leading up to the summit. I had the privilege of covering Secretary Clinton’s meetings with Australia, Vietnam, and the Foreign Ministers dinner as the AFP representative of the Clinton travel pool. I later provided coverage of President Obama’s meetings and events as a member of the White House travel pool, or the US Pool. It was an extreme honor working along side many of the talented, experienced, amazing photographers that regularly cover the White House.

While that week and weekend may have been the most amazing work experience of my life to date, It was unfortunate that, that week was prefaced with probably one of the most humiliating, demaning experiences of my life.

It was a week out from the start of APEC, and my editor in Washington D.C., Eva, had asked me to do some feature hunting — to photograph the city preparing for APEC. Setting up of security checkpoints or fortifications going up around the respective conference sites, or other areas of the city being affected by APEC security measures.

On November 3, 2011 I set out to go through Waikiki to find places that were erecting barriers and reinforcing their entry points. After a couple hours of searching and picture making I had headed to the parking lot at Monserrat Ave. and Paki Ave. On saturdays there is usually a Farmers Market held in the public lot. However due to APEC, the lot would be closed to the public during APEC week. I parked along Paki Avenue and proceeded to walk to the lot where I had noticed that Honolulu Police Department personnel were putting up yellow caution tape and signs that said the park would be closed during APEC, and there was no public access.

I approached the lot and started taking pictures. HPD personnel noticed me and I was approached by two officers. Here is a conversation that followed:

“Good Afternoon Officers” I said to the duo of officers that approached me.

“What are you doing?” the first officer asked.

“My name is Kent Nishimura, I am a freelancer photojournalist with Agence France-Presse or AFP. I’m making pictures of the city and county preparing for the APEC summit.” I replied.

“AFP? Never heard of them” the officer said. ”Do you have a press badge? Do you have your APEC pass?”

“Sir, pass pickup is this weekend, and all I have on me is a Hawaii State Driver’s license and my National Press Photographers Association member ID badge.” I said, taking off my NPPA badge, showing it to the police officers.

“How do I know you didn’t print this at home?” asked the second officer. ”How do I know you’re not Al-Qaeda!?”

I was shocked and scared, in all my time as a photojournalist I had never been accused of being a terrorist. I had heard horror stories of photojournalists being detained by police and being thrown in jail, their memory cards being erased. I decided to not argue and play it safe.

“Sir, I’m of asian ancestry. Furthermore I am credentialed by the White House for duty with the Presidential press pool. There’s no way the Secret Service would allow me into the President’s protection bubble IF I were a member of Al-Qaeda.” I replied quickly.

“Yeah…you maybe Asian Al-Qaeda.” the officer retorted quickly. “Just stay where you are. Have a seat on the sidewalk and don’t take anymore pictures.”

Then it hit me. I was going to be detained here for awhile. I offered the officers to call my editor in DC and have her explain to them what I was doing there for AFP. I was there to take pictures. That was all. I couldn’t understand why they were holding me against my will. I was (and still am) a tax-paying, law-abiding, American citizen. I had don’t nothing wrong, yet I wasn’t allowed to leave or do my job. In a publicly owned lot no less.

“Uh, excuse me officer?” I asked meekly. ”Is the lot closed to the public already? There are some cars parked in here.”

“It’s still open. It’ll be closed from next week on.” the officer replied.

5 minutes had passed. Time seemed to move slowly, and it felt like this exercise in horror would never end.

10 minutes passed ever so slowly. I was screaming inside my head for the police officers to understand why I was there, and that they were intact holding me against my will. In a public place, where I was allowed to photograph them and the lot.

“Here’s your ID back Kent.” said the first officer.

“Thank you sir. Can I be asked why I’m being detained?” I said in a calm manner.

“You’re not being held anymore. You’re free to go.” he said as he started to turn away from me.

By this time all of the other personnel had loaded up into a van and they were preparing to leave the parking lot.

“So that was it? I was held against my will for being in a public lot that was open…to the public?!” i replied in a slightly irritated tone.

“We have HPD academy students here Kent,” replied the officer. ”You aren’t allowed to photograph their faces just in case they have to go undercover in the future.”

Such a bullshit reply. They were out in the open, and furthermore I hadn’t photographed their faces at all. A lot of my photographs were of the signs, tape, and the hands putting them up. Now if the ‘undercover officers’ could be identified by their hands alone, that would be amazing. (end sarcasm)

I left the lot. I walked back to my car. Feeling let down, disappointed and hurt that the country I love so much, and have always believed in had violated my rights, not only as a photojournalist (working media) but as a citizen as well.

That being said…

All in all Mr. Mayor I have always been a law abiding citizen. As a photographer working at the (now defunct) Honolulu Advertiser, The New York Times, The Associated Press, Agence France-Presse, and Getty Images I have always respected law enforcement, city and federal government employees and their jobs. I would hope…no, I would expect that treat the citizenry the same.

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Best Regards
Kent Nishimura
kent.nishimura@gmail.com

cc: @chaqaq, @petercarlisle, and @acluhawaii