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The media and the firestorm
Friday, July 27, 2007
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Dear editor, Recently, there was an article in the Register about an ABC TV news crew and a confrontation between that crew and two Napa County Sheriff’s deputies who refused to allow that crew to pass a roadblock requested by the Cal Fire Incident Commander (“ABC7 claims reporter, photographer detained by police at Atlas Peak fire,” July 12). It got nasty and tempers flared.

I read the article and sent in a comment commending the deputies and the sheriff for doing the job the laws provide for. This comment evidently incensed a member of the media, who sent me a letter enclosing a copy of the California Penal Code section they thought applied to the case. I guess the writer is unaware that the Penal Code is not the ruling law for situations like this and it is found in the California Public Resources Code, which does give the fire commander the right to restrict entry to anybody past a designated point and it instructs the sheriff of the county to enforce that request. On National Forest lands, there is a federal law provision granting the same powers to a federal fire commander. I find it entertaining that the media member took the time to mail me the letter without a signature or return address postmarked from Reno, Nev. But many people are not informed about the other bodies of law in force in this state. The Vehicle Code is another body of specific law, too.
Norman J. Silver / Vacaville

Former Napa County fire warden
4 comment(s)

JimClark wrote on Jul 27, 2007 6:01 AM:

" I sincerely respect what the writer expresses. The media has an arrogance that is difficult to work with. It is also difficult to determine what Constitutional rights become primary. If an influx of anyone will cause a threat to extinguishing a land fire, the firefighters must have the upper hand. It amuses me that if those reporters were allowed to pass and caused the fire to expand, they might have a better story to tell and blame the firefighters for not performing as well. On the other hand, there was a land fire at Lake Berryessa several years ago. I was fortunate to have a fire unit from Angwin park their pumper in my driveway. I had time to collect our valuables and memorbilia. My wife and daughter were give refuge at a friends home in Napa. My daugter loved Otter Pops so I handed them out to the firefighters who had to wear clothing that was not condusive to the hot weather. My wife and daughter came home the next day. The day after, my wife went to work and I took my daugter to school and went to a retail store to buy additional hoses and sprinklers to repel the smoldering ashes. This would take some small burden from the firefighters. When I reached Turtle Rock, I was detained by a Highway Patrolman. I wish I had his badge number. I showed him my ID and a PG&E bill that confirmed my residence; as suggested. He would not allow me to pass. I told him I had left my home that morning. He told me I should try driving around to Pope Valley. I did and was allowed passage. There is a lot of confusion during such an event and our "authorities" are expected to perform in a rational manner. The media has absolutely no "right" to interfere with the health and safety of the population. I remember seeing an ABC van with camera aimed at a flooded vineyard while the highway behind was moving smoothly when we had one of our "hundred year" floods. "

Good point wrote on Jul 27, 2007 7:21 AM:

" Mr. Silver please be careful, media personnel my see this as an attack on themselves or the First Amendment and you might just see an article about yourself soon. "

Sandra wrote on Jul 27, 2007 7:37 AM:

" well Norman, the media is not well known for their intelligence... "

It doesn't appear wrote on Jul 27, 2007 2:02 PM:

" that the situation between the Sheriff's Deputy and the two television crew members was handled professionally by either party. But if you want to pass judgement, you better start with the Sheriff's Deputy who apparently exerted his authority by breaking the newsperson's cell phone. How is that behavior in any way productive? The news media is here to stay, for better or for worse, and they will continue to try to do their job, which sometimes means gaining access to places where members of the general public are not allowed. Ironically, if newspapers or TV news crews do not report on something, they are berated for that as well. I've said it for years but the media is, like any business, driven by demand. Everyone complains about the kind of news "the media" reports on, yet those same people watch the television, buy the magazines and newspapers. If you don't like the media, blame yourselves because you know you all read and watch whatever they put out. And, on a final note, the police, sheriff's and fire departments use the media when it's convenient for them, and when it's not, they puff up their chests, throw their weight around and deny access simply because they can, not because (in most cases) it's dangerous or life-threatening. Maybe those of you who think the police should determine what you see and read should move to the Republic of China. "

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