LOS ANGELES - The ACLU of Southern California filed suit in federal court today against the Los Angeles Police Department for its attacks last Monday, August 14, on members of the media during their coverage of protests at the Democratic National Convention.

The attacks occurred as journalists covered the events of Monday evening, when the LAPD stormed the protest zone as the crowd attempted to leave. Five members of the media joined the case as plaintiffs.

"This was a critical test to see whether a discredited police department could discharge its duties without violating individuals' civil rights," said Michael Small, Chief Counsel for the ACLU of Southern California. "The department failed in that charge, and then turned on those who were documenting that failure."

"The police department," said Small, "seems to believe that declaring an assembly unlawful frees officers from all constraints. But the Constitution can't be overturned by an order through a walkie-talkie, and state law can't be rewritten by megaphone. Even in an area where an unlawful assembly has been declared, both the Constitution and California's Penal Code, in Section 409.5 (d), guarantee that journalists can remain to document and report on events."

"The LAPD and the mayor are saying they passed this test with flying colors," said Ramona Ripston, Executive Director of the ACLU of Southern California. "But we have reports that the LAPD committed terrible civil rights abuses, attacking members of the media as well as peaceful protesters. We have credible accounts of our police department violating the First Amendment, the Fourth Amendment, the Fourteenth Amendment, the California Constitution, and California state law. I don't call that a success."

Throughout the last week, the ACLU has received numerous calls, in addition to those from plaintiffs named in this lawsuit, from members of the media describing police attacks on journalists. Plaintiffs include:

Al Crespo, a freelance photojournalist, was standing on the corner of Olympic and Figueroa, one block from the demonstration area near the Staples Center. He wore two 35 mm cameras, one draped around his neck, the other around his shoulder. He was wearing a white t-shirt and several bright, laminated media passes. Crespo took several photographs of the LAPD firing on protesters. Though he was more than 20 feet away from the nearest protester, Crespo was shot three times with rubber bullets. A bystander told him that he was bleeding from his head.�_ Crespo was taken by ambulance to a local hospital where he received treatment for his wounds.

David Horowitz, an award-winning journalist who covers consumer and political affairs, arrived on the scene after police ordered protesters to disperse. Horowitz began to film the LAPD's attacks on protesters from a distance he thought safe, around 100 feet away from protesters. Though his press credentials were visible, a police officer confronted him and ordered him to move. Horowitz turned around and an officer hit him three times with a baton, knocking him to the ground. Another officer kicked his camera out of his hand, breaking it, and still another kicked Horowitz's briefcase, which he was not allowed to retrieve until three hours later, when he returned to the site. At that time, he checked a 35 mm camera that was inside the briefcase. The camera was there, but the film was missing.

Greg Rothschild is a freelance audio engineer, and Kevin Graf is a freelance television cameraman. Both were working for ABC on the night of the 14th. They proceeded away from the protest zone on foot, walking backwards and filming as they left the site. At 75-100 feet away, officers opened fire on the news crew. Rothschild was hit six times, Graf, at least ten.

Jeffrey Kleinman is a freelance cameraman who was working for NBC on the night of August 14. He and his crew filmed protesters dispersing from the protest. Kleinman was filming while standing on a ladder. An officer approached in riot gear, told the crew to move, kicked the ladder, then clubbed Kleinman with a baton, causing him to fall from the ladder. Moments later, as Kleinman continued to film, another police officer opened fire on him, striking him in the abdomen with a rubber bullet. Kleinman was hit three more times in the back and shoulder as he attempted to evacuate. Other members of his crew were hit as well.

"The bullets and batons that struck these journalists were not simply aimed at them," said Ripston. "They were aimed at our basic rights to a free press and to the oversight which it can, at its best, provide over our public institutions, such as the police department."

"The dangers here, both physical and Constitutional, are grave," said Ripston. "Their actions last week demonstrate that the Los Angeles Police Department will take violent measures to operate free of the constraints of public scrutiny . but we cannot allow that to happen; we know too well what happens when the department and its officers believe that no one's looking."

LOS ANGELES - The ACLU of Southern California intends to file suit�_ in federal court today against the Los Angeles Police Department for its attacks Monday night on members of the media. After shutting down the concert in the protest zone across from the Staples Center, police attacked the frightened crowd with batons, pepper spray, and nonlethal bullets. Members of the media reported that police officers singled them out for attack.

"This was a critical test to see whether a discredited police department could discharge its duties without violating individuals' civil rights," said Michael Small, Chief Counsel for the ACLU of Southern California. "The department failed in that charge, and then turned on those who were documenting that failure. They pulled the plug on the rally . then tried to turn the lights out on the cameras that were recording their actions."

"Instead of arresting the law-breaking few," said Small, "the LAPD wielded its batons and turned its guns on the peaceful many."

"A free press guards against tyranny and abuse of power," said Ramona Ripston, Executive Director of the ACLU of Southern California, "and those who abuse power inevitably seek to control the images we see and the stories we hear. The LAPD on Monday evening illustrated these axioms starkly by targeting members of the press as they were covering the LAPD's massive, sweeping violations of individuals' civil liberties."

"We ordinarily receive calls after protests," said Ripston, "but never in my memory have we received so many calls from members of the media who were attacked."

In the last 24 hours, the ACLU has received numerous calls from members of the media describing police attacks on journalists.

Al Crespo, a freelance photojournalist, was standing on the corner of Olympic and Figueroa, one block from the demonstration area near the Staples Center. As part of a project documenting political protests, Crespo took several photographs of the LAPD firing on protesters. There was nobody between the officer and Crespo. The nearest protestors were at least twenty feet away from Crespo, heading away from him on Figueroa. Crespo had two 35 mm cameras, one draped around his neck, the other around his shoulder. He was wearing a white t-shirt and several bright, laminated media passes.

Crespo was then shot three times with rubber bullets. He believes that the shots came from the gun of the officer that was pointed at him. One of the bullets hit him in his left temple, near his ear. Another bullet him in the right shoulder. The third bullet hit him in the right ankle. Crespo immediately felt pain from his wounds. He walked towards the Figueroa Hotel.�_ A bystander told him that he was bleeding from his head. Crespo was taken by ambulance to a local hospital where he received treatment for his wounds.

"Al Crespo was targeted because the recording eye of his camera threatened to capture the LAPD's violent and lawless behavior," said Ripston. "The bullets that struck him were not simply aimed at him. Their ultimate aim was to dislodge the eyes and ears of the public, to control our understanding of the events that unfolded Monday night, and to shut down the truth-telling role that media, at their best, can play."

"The dangers here, both physical and Constitutional, are grave," said Ripston. "They demand of us a vigilant and swift response. We cannot allow the Los Angeles Police Department to operate free of the constraints of public scrutiny. We know too well what happens when they do."

On Monday night, the LAPD displayed incredibly poor judgment in their response to the illegal behavior of a handful of attendees at the concert in the protest zone. When a few people began throwing debris over the fence and two individuals climbed the fence, protest leaders acted swiftly to try stop that illegal behavior. When it continued, they voluntarily decided to close the event and ask people to go home. But before they could do so, the police intervened with a heavy hand, shutting off the event's power and entering the protest zone on horses and in riot gear to disperse the crowd using batons and shooting rubber bullets and pepper spray.

Had the police cooperated with the rally organizers, the night could have ended calmly and smoothly. Instead, the police response on Monday created huge risks: when people see batons swinging, riot gear, and mounted police clearing an area, a tense situation becomes a volatile one.

Reports are streaming in to our offices detailing gross violations of individuals' civil rights.

We already know that numerous individuals were hurt in last night's actions by the police. We believe that Los Angeles is extremely fortunate in escaping the grave danger its police department created through its extreme use of force and its undifferentiated attacks on a crowd of people, most of whom were trying to leave the scene.

Our first priority now is to make sure that the protests this week proceed peaceably, and that the LAPD does not inflict any more injuries upon demonstrators, observers, or the media. What happened last night was nothing less than an orchestrated police riot. The ACLU has already obtained two court orders against the LAPD for violating free speech around the DNC. This is the LAPD's third strike.