On October 18, my commitment to journalistic integrity and transparency was put to the test at the Jeff Davis County Courthouse. As the publisher of Big Bend Times, I found myself accused of criminal activity by JP Judge Mary Ann Luedecke. My alleged crime? Photographing a sign outside her office which read, “No Audiovisual Recording, Streaming, or Projecting. Turn Off All Cell Phones. Gentlemen will remove your hat. Thank you.”
The background to this incident traces back to a prior encounter at the courthouse. I had begun a live broadcast, intending to show enthusiasts the inside of the historic courtroom. During this broadcast, I unexpectedly crossed paths with State Park Police Officer Jacob Barton and Judge Luedecke. Initially, our interaction was cordial; Judge Luedecke even responded positively when I mentioned a return visit to photograph for another story.
However, my subsequent visit was vastly different. As I started another live broadcast outside her office, mainly due to the presence of Officer Barton, someone I’ve reported on in the past, Judge Luedecke abruptly asked me to stop recording. While I had entered her office during the first visit without issue, this time, with the newly placed sign, I was careful not to step inside, taking its possible enforceability into account. My primary goal was to avoid any trouble. The reason I was recording was out of a genuine concern for my safety and to have proof that I was acting within the law.
Yet, after capturing the image of the sign, Judge Luedecke told her assistant to “press the button,” seemingly a call to law enforcement. As I began to leave, she raised her voice, asserting that I was detained. It’s crucial to note that her attempt to detain me crossed professional boundaries. Judge Luedecke is not a peace officer, and her actions could be viewed as an attempt to impersonate a licensed peace officer, given that she tried to exercise such authority over me.
Being threatened and potentially having my freedom jeopardized for simply doing my job is neither humorous nor appropriate. This episode in Jeff Davis County underscores the challenges journalists often face, emphasizing the dire need for transparency, the safeguarding of press freedom, and the unwavering protection of First Amendment rights.
Letter sent via email to JP Luedecke:
Re: Addressing Your Aggressive, Confrontational, Unwarranted Actions at the Courthouse on October 18
Dear Judge Luedecke,
I am writing to express my deep concern and disappointment regarding our encounter at the Jeff Davis County Courthouse on October 18. My intent, as always, was to fulfill my journalistic responsibilities and gather information for the Big Bend Times, with full respect for the courthouse’s established rules and policies.While I became aware of the new sign outside your office prohibiting audiovisual recording and took care not to enter your office, I was surprised and disturbed by the confrontational tone of our interaction. I emphasize that at no point during my recent visit did I set foot inside your office, respecting the boundaries you set, even as I question their legality and appropriateness.
As a journalist, I always aim to approach my work with professionalism and integrity. I had hoped for a similar level of respect from a public servant in a position of authority. Your initiation of a dialogue, followed by what can only be described as harassment, was unexpected and, I believe, beyond the parameters of acceptable conduct for a judge. I am thankful that I had the foresight to record our interaction, providing undeniable proof of my conduct and the undue aggression I faced.
The trust between public officials and the community they serve is sacred. Your attempt to detain me, given that you do not possess the powers of a peace officer, was alarming and calls into question the proper understanding and application of the law within the very halls where justice should be upheld.
While I question the legality of your sign and its implications for First Amendment rights, I assure you that I will continue to respect it until it is addressed through the appropriate channels. It is worth noting that I diligently avoided entering areas where the sign’s restrictions apply. My commitment to upholding the law contrasts starkly with the actions I witnessed.
It is my sincere hope that you take this opportunity to reflect upon the incident and ensure that such confrontations, which erode the trust of the community, do not recur. For my part, out of concern for my safety and my professional reputation, I will continue to record my visits to the courthouse. I believe this will be beneficial for both parties, ensuring transparency and accuracy in our interactions.
I anticipate a future where interactions between the press and public officials in Jeff Davis County are defined by mutual respect, understanding, and adherence to the rule of law.
Sincerely,
David W. Flash
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