The two cows that broke free on campus last week gave some students an impromptu rehearsal for the Pamplona running of the bulls. For those trying to tame the agitated animals, it looked more like an introduction to rodeo. For the rest of Ohio State, the cow corral can teach us a lesson about the law.
In Tuesday’s newspaper, we reported that amid the hullabaloo, Lantern photographer Alex Kotran was handcuffed and detained by police, who said the freshman was putting himself in danger. That’s up to police to decide, and it’s irrelevant to the point at hand.
What was really intriguing was that a handful of OSU staff members — not police — told Kotran that he wasn’t allowed to take photographs, even though he was on public property. Maybe they thought the whole ordeal was udderly embarrassing.
One OSU employee actually stood in front of Kotran to block his view. At one point, a man grabbed Kotran’s arm. Each time, the diligent journalist told them that he was on public property and that he had the right to take pictures.
He was right.
“Generally speaking, he has an absolute right to take pictures on public property,” said Fred Gittes, a Columbus civil rights lawyer.
Under normal circumstances, even police don’t have the right to tell someone that they can’t take photographs on public property. It’s protected by the First Amendment.
During emergencies, such as the cow catastrophe, the rules change. Police have the right to direct people away from an emergency if they’re interfering with public officials’ ability to respond to the emergency, Gittes said.
Even in those cases, though, people are still allowed to take photos from a distance.
“If you’re at a distance from the site of an emergency or other distance, or you’re not in a physical position to interefere with police … you still have right to take pictures,” Gittes said.
But those rules apply only to police. Staff members at OSU don’t have the same authority to direct the public.
“If they are representatives of the university, it is improper for them to be telling people that something is illegal when it’s not,” Gittes said.
He said that if someone grabbed Kotran’s arm, that could even be considered assault.
Gittes points out that citizens do have the right to detain criminals through citizen’s arrest, but only if they see someone committing a felony. A preliminary police report listed Kotran’s crime as criminal trespass, a misdemeanor.
A week after the dust has settled from the two-cow stampede, we’re still trying to figure out exactly what happened that day. But regardless of whether police pursue charges against Kotran, we hope OSU will use the opportunity to turn this into a teaching moment.
“OSU should make sure its staff is informed about what people can and cannot do on public property so there’s not misinformation,” Gittes said.
We agree. And even if there are no more cattle chases on campus, people should know that we’re allowed to take photographs and report on public property. It’s the law, and we’ll milk it for all it’s worth.