Unofficial Paparazzi ‘Project’ Holds Its First Public Meeting

• Status of Effort Is Even Ambiguous to Those Taking Part

BY ANNE SOBLE

Last Friday, Mayor Pamela Conley Ulich convened the first public meeting of the seven sessions held so far of what she variously called her task force of one or her one-person committee to address what she describes as the “unbearable situation” related to paparazzi activity in Malibu.
Sgt. Josh Thai and Deputy Edwin Tamayo represented the Los Angeles County Sheriff’s Department and explained the laws on the books related to the paparazzi and the difficulty of monitoring their activities at all times, in addition to overseeing all of the other law enforcement issues in the community.
Thai said that it’s important for local residents to play a part in preventing paparazzi abuses by serving as the sheriff’s department’s “eyes and ears” and “letting us know when there are incidents that demand a response.”
The mayor, however, kept insisting that the Beverly Hills Police Department had “other tools” at its disposal and had “no paparazzi problem.”
She told the deputies that the LASD should look to BHPD’s operations for direction, even though the deputies expressed surprise at there being any other legal options. Thai assured the mayor that if the city passes new laws that are upheld, the sheriff’s department will enforce them.
In what appeared to be a departure from the official Malibu City Council stance, Conley Ulich told the small gathering, “We are trying to get a sheriff’s sub-station out here. We are out here in Timbuktu...in the wild. I think the people out here don’t feel safe. They need somewhere close to go.”
The mayor also suggested consideration of putting up satellite-controlled cameras in commercial centers, or other public zones, to record the paparazzi’s activities. She said, “People in the community would put up money for this, so it would not cost the city.” The areas that are monitored, the mayor said, would be “safe zones” that people could drive to if they think they are threatened by the paparazzi.
Taking an active part in the meeting was attorney Michael Schwimer, who represents Skylar Peak, the Riviera II Property Owners Association beach marshal who says he was injured while trying to prevent paparazzi from harassing beachgoers and trespassing on the group’s private property on June 21. A brawl ensued that drew international media attention.
Schwimer told the group that met last week, he refers to them as “volunteers,” that the paparazzi could come under the auspices of existing anti-gang laws and possibly even the Rico Act that pertains to organized crime.
The 2007 law school graduate and longtime local resident and surfer told the Malibu Surfside News after the meeting that the “paparazzi can be viewed as known lawbreakers that associate together.” He said, “They purposely break laws pursuing and antagonizing subjects with complete disregard for public safety.’ Schwimer concludes, “There’s no question that anti-gang laws would apply to the paparazzi.”
Short of being able to utilize criminal law constraints, Schwimer suggested that the project participants should look at licensing, bonding, insurance requirements and other ways “to provide a chain of liability.” He said his preferred target for regulation is not the individuals with cameras, but the media outlets that purchase their wares.
Although he also agrees that there are already useful laws on the books to address many of his concerns, “there is not enough of a police presence to enforce everything.” He wants to see more readily applicable economic disincentives put into place.
Schwimer said he does not believe the paparazzi are entitled to the same First Amendment rights as what he calls “normal journalists” and thinks the First Amendment allows “reasonable restrictions of time, place and manner on those in the commercial arena.”
Also taking part in the two-hour meeting were two members of the Pepperdine Law School faculty, Prof. Barry McDonald and Associate Dean Shelley Ross Saxer, who indicated that they have been engaged in gathering research material related to paparazzi issues for Conley Ulich that will be shared with the Los Angeles City efforts on this, as well as be made available to the public.
Saxer expressed surprise that the session last Friday was not an official city meeting, another reflection of the confusion concerning the exact status of Conley Ulich’s project. Similar confusion was evident at Thursday’s meeting in Los Angeles where all of the other officials were there as designated representatives of their cities.
A consensus of Friday’s group was that special emphasis should be placed on protecting “children at local schools from the paparazzi.” Conley Ulich cites instances of alleged harassment of offspring of celebrities and singled out the activity at the Point Dume Marine Science School campus. She also disclosed locations where some of the celebrities live on Point Dume and said they need closer attention.
The mayor appeared to espouse enactment of strict regulation of photography on local campuses that could have far reaching implications, including the prevention of the taking of photos at public events by established local media.
Schwimer later voiced the contention that if all journalists are faced with restrictions, they will be less likely to espouse paparazzi rights.
Conley Ulich has announced she will host a public meeting on the paparazzi issue on Monday, Sept. 29, from 4 to 5 p.m. at City Hall. She said, “All the moms in Malibu are going to show up to complain about the paparazzi.” Noting that “one or two mothers can change the world,” Conley Ulich said the mothers are her “secret weapon.” She said mothers are going to get involved in this because they “can feel when people want to do harm, even if they can’t put their finger on it.”