Shelby Co. (ECWd) –

For years we have focused on a simple narrative in our local government accountability work: follow the law.  While simple to most, in many places we go, we have people jump to a false narrative that we have some ulterior agenda.  It appears to be human nature but sadly, those same people never actually speak with us but rather assume facts not in evidence or believe whatever they read online and share it with the world because they agree with it, all while not knowing if it’s actually true or accurate.  When their emotional convictions override logic, it tends to fester like a cancer among others who have either not been educated on critical thinking or are simply driven by an agenda, truth be damn.

Some of these same people create anonymous social media outlets to spread their beliefs, commonly filled with innuendos and half-truths rather than the whole truth or facts.  By being anonymous the person is void of any accountability for such ignorance being posted, all while those providing supportive comments end up showing their ignorance.

We The People have an obligation to protect the people’s right to say what they want, but we also have an obligation to call it out when it’s agenda-driven propaganda.

Shelby County is no newcomer to these types of games.

A recent addition to the door of the Shelby County State’s Attorney was his name and below that the words “no photography”.  That addition has triggered the naysayers and in a matter of a few hours, the level of ignorance as to our Constitutional Rights has risen to a point of sadness.

“Recently stenciled on the SA’s door is a prohibition of photography. A public office in a public hallway in a public building. What gives the SA the statutory right to do this?”

The post generated all kinds of misinformation and claims regarding people’s constitutional rights regarding taking pictures.  Only one person out of 46 at the time of publication asked a question as to where the no photography actually applied. Most understand a sign on the door applies to the room behind the door, such as a restroom.  The logic of some of the comments would lead people to believe a “mens” sign on a door indicates you can urinate in the common area rather than in the room behind the door.

When it comes to our First Amendment Rights, the courts have spoken on just about every imaginable scenario, including photographs in a courthouse.

The Illinois Supreme Court has forbidden pictures from being taken in the courthouse and directed circuit courts to do the same by issuing a court order, standing order, or local rules as outlined by the Illinois Supreme Court in their Policy on Electronic Devices as found in Section (d). Note it requires (d)(1), (d)(2) to be included in local policies and those too are subject to the restrictions in paragraph s (d)(3-6)

Paragraph (d)(3) pretty much covers the matter at hand.

3. Prohibited Uses in Common Areas and Courtrooms: The taking of photographs, audio, and video recordings are generally prohibited without prior approval of a judge or as governed by Illinois Supreme Court Rule 44.”

This is the time when people are going to say the Illinois Supreme Court does not trump our U.S. Constitution.  We agree.

From the U.S. Supreme Court: “Nothing in the Constitution requires the Government freely to grant access to all who wish to exercise their right to free speech on every type of Government property without regard to the nature of the property or to the disruption that might be caused by the speaker’s activities.” Cornelius v. NAACP Legal Def. & Educ. Fund, Inc., 473 U.S. 788, 799–800 (1985) – UNC Chapel Hill School – of Government

From UNC Document: Offices and Workspaces of Government Employees

“There is limited case law analyzing government employee offices as a “forum” for First Amendment purposes. However, courts that have evaluated the issue have consistently held that office spaces for government employees are nonpublic forums. As the Supreme Court stated: The [government] workplace, like any place of employment, exists to accomplish the business of the employer. ’[T]he Government, as an employer, must have wide discretion and control over the management of its personnel and internal affairs.’ It follows that the Government has the right to exercise control over access to the [government] workplace in order to avoid interruptions to the performance of the duties of its employees

Likewise, the Seventh Circuit has broadly stated: “A public agency’s administrative headquarters is presumptively not a public forum.”

Understanding our rights is a duty we have if we are going to exercise them.  Understanding the difference between a public area and a public forum is critical when it comes to knowing when our First Amendment right may not be absolute as some believe.

What gives the State’s Attorney the statutory right to prohibit photography in his office? The question is incomplete and implies a statute would be the source of such authority.  There is no statute, which is a state law, giving a SA the power to prohibit photography in his office.  However, that does not mean he does not have the power to do so.  An accurate question, assuming they want the actual answer, would be, under what authority can a State’s Attorney prohibit photography in their office?

Based on the included Illinois Supreme Court Policy and the numerous case law citations within the UNC Local Government Law Bulletin, it appears the authority for a State’s Attorney or any other officeholder in a courthouse to prohibit photos from being taken is vested in long-established case law.

The Illinois Supreme Court directed the lower courts to issue an order, policy, or rule on electronic devices that required key language to be included.  That being the case, it appears the courts have ordered no photography in common areas of a courthouse.

The sign on the door that has triggered the naysayers applies to the inside portion of the office. The outside area is under the control of the Supreme Court rules which it appears are being ignored by a select group of people.  In fact, one such fool took a picture from inside the courtroom and then published it.  Should he be held accountable for violating the court’s rules?

What makes this matter so sad is some of the same people concerned about their perceived right to take pictures in his office are the same people claiming records being taken out of the office to be scanned are not secured and could be copied by someone. If they are so concerned about someone copying or seeing a file are they so stupid to not understand a photograph could capture the very same information that he is duty bound to protect?

The protection of the information in those files is the very reason he does not permit photography in his office.  And for the confused, videotaping or filming is a form of photography.

For more reading on this subject see: https://www.oif.ala.org/auditing-the-first-amendment-at-your-public-library/

Photographer Michael Blanchard is known for his stunning photography and moving storytelling, but his creative journey wasn’t always smooth sailing. He hit some pretty big bumps along the way. Blanchard was once COO of a hospital laboratory system in Maine with 1,000 employees. From the outside, he seemed to be on top of the world. Yet he was arrested three times in three months for drunk driving. “The way I was living, I shouldn’t even be here today. I thought there was no way I could quit alcohol, so I thought, ‘I’ll just end it all.’ But when you lose everything, you get your priorities back,” Blanchard said.

Sober for 13 years, Blanchard’s photography has become therapy and a spiritual process for him. The joy and serenity he feels while shooting photos help him stay present and focused. Blanchard’s photography and stories have helped inspire many others struggling with mental health or addiction. As is often the case when ego chimes in, however, inspiring others wasn’t necessarily his original goal. “When I first started shooting, and began seeing all the likes and positive comments I was getting for my photography, my ego got in the way. I thought, ‘Wow, I take good pictures, I’m going to be a famous photographer.’ Didn’t work that way. But when I said, ‘I’m going to help people with my photography,’ everything changed. Photography got me out into the community, but I didn’t want to make it all about me. I wanted to give back,” Blanchard said.

Since 2016, Blanchard has created calendars from his photographs and donated a majority of the profits to various Island organizations, including Martha’s Vineyard Community Services, Rising Tide Therapeutic Riding Center, and then Misty Meadows Equine Learning Center, the National Alliance on Mental Illness, and Vineyard House, for those in early recovery. Over eight years, sales from Blanchard’s calendars have raised $42,500.

His goal for the 2024 calendar is to focus on food insecurity on the Island by raising $5,000 from calendar sales to help the Vineyard Committee on Hunger (VCOH). VCOH is a volunteer organization (no paid staff) that helps alleviate hunger on the Island by raising awareness and funds. Though Martha’s Vineyard is often viewed as a playground for the rich and famous, that isn’t the reality for many Islanders. “Creating my calendar is a way to give back, yes, but it’s also about raising awareness. When I tell people that there are people on the Island struggling, they’re horrified. They just know the Vineyard as a wealthy vacation spot, but we’re a community like any other community,” Blanchard said.

According to VCOH, one in six Vineyard families needs assistance to get through the winter months, and 30 to 40 percent of Island schoolchildren receive free or reduced-price lunches. VCOH does its best to help kids when they’re on school breaks and over the summer with meals, while also providing assistance to Meals on Wheels, M.V. Center for Living, Elder Services, community suppers, and more.

Blanchard’s gallery, Crossroads Gallery in Oak Bluffs, is more than just a place to view his work. It’s also become a gathering space for people to share stories about their own struggles. “The other day a guy came in, and he was jumping up and down. Literally. Turns out he was having a manic episode. I’d written about being diagnosed with bipolar, and he saw it. He told me that when he read about my experience, it didn’t feel as shameful. He felt some hope,” Blanchard said.

A few years back, when Blanchard was raising funds for M.V. Community Services’ New Paths program — an intensive substance use disorder recovery program — he got a call from a woman in hospice, during the last week of her life. “She told me her situation and I said, ‘Oh, I’m sorry to hear this,’ and she yelled at me. ‘I’ve lived long enough. I’m writing checks,’” Blanchard chuckled. “Then she asked me if I really believed that the New Paths program was a good one. When I told her I absolutely did, she said, ‘All right, that’s all I needed to know.’” Not long after this conversation, the director of M.V. Community Services called Blanchard and told him they’d received a check for $20,000 for a new wing. “Sometimes donations come in from outside the sales of my calendar, which is great. It’s all about raising awareness.”

The photos chosen for the calendars are printed on fine high-quality paper, which means if someone covets the October photo and can’t quite bring themselves to flip to November, they can easily frame October, hang it up in their living room, and gaze at it forever. Though creating the calendar is a lot of work, it’s clearly a labor of love for Blanchard. “Every year is like running a marathon,” he said. “You get done and say, ‘I’m never doing that again,’ but then the pain subsides, and you go back and do it again.”

As the saying goes, “it takes a village,” and luckily, Blanchard has a lot of support. The Island community and Blanchard’s Facebook fans play an integral role in bringing the calendar to fruition. “Each February I conduct The 12 Days of Calendar Voting. Day one is January, Day 2 February, and so on. On any given month, I post photos I’ve taken in that month from the previous year. My Facebook followers vote for the top five photos, which then make the cut for the calendar. Over that 12-day period I have had as many as 400,000 people clicking. So it is popular!” Blanchard explained. Locally, members of M.V. Community Services’ Daybreak Clubhouse, a service for folks living with mental health issues, play an important role as well, by volunteering to stuff thousands of envelopes from preorders.

Island businesses carrying Blanchard’s calendar include Tony’s, Cousen Rose Gallery, Craftworks, Sanctuary, Edgartown Books, Bunch of Grapes, SBS, Coastal Supply Co., Cronig’s Markets, and the Martha’s Vineyard Camp Meeting Association gift shop. Blanchard’s calendar is also available online and through his website, blanchardphotomv.com.

Blanchard’s two books, “Through a Sober Lens” and “Fighting for My Life,” won the Ben Franklin Award for most inspirational story and best art and photography. A portion of the sales from these books helps support addiction treatment on the Vineyard.