Activity Outside of TED Conference Raises First Amendment Questions for City (Part 2)

McCalip as he attempts to make a citizen’s arrest of the TED security guards. Photos by Greggory Moore.

While George McCalip was attempting to get the Long Beach Police Department to take two TED security guards into custody for their part in depriving him of his ability to pass out fliers (see Part 1 of this story), two blue-blazered TED employees emerged onto the Ocean Boulevard sidewalk in front of the conference and informed one of the security guards that a pair photographers perched on a low wall half a block to the east had been taking pictures in front of the conference, a practice the guard was to prevent them from continuing.

The guard did as instructed walking down the block to the two men and telling them they were not to take any more photographs. When asked why he had done this, the guard told the Post he was simply following directions.

Although obstructed by a passerby, this photograph shows a TED security guard in the process of telling a pair of photographers that they may not take pictures of the convention’s approach area.

Initially the two TED employees working the convention’s front entrance disagreed with each other about whether photography was allowed out in front of the convention. After further inquiry, the Post was told that it is allowed. The employees were unclear as to why the security guard had been instructed to tell the photographers otherwise, referring the Post to Group SJR, which handles TED Conferences LLC’s public relations, for more information.

The Post reached a representative of Group SJR the following day and inquired about this incident, along with questions about why the security guards had asked the police to prevent McCalip from distributing fliers across the street.[1] The representative promised to look into the matter and get back to the Post. However, despite numerous follow-ups, neither Group SJR nor TED Conferences provided the Post with a reply.

While the police were not involved with incident between TED and the photographers, the LBPD sergeant on the scene indicated to the Post that on occasion the City of Long Beach enters into permit agreements for special events, conventions, etc., that may include disallowing photography in certain public areas.

“I don’t know what the permit agreement is with the City. […] I don’t know what the agreement is for the approach area,” the sergeant said. “[…] Normally, if they don’t have an event, it’s absolutely [allowed]. It [i.e., the area in front of the Performing Arts Center, where TED was staged] is a public place. But I don’t know if because of this event that they made some special guidelines or not.”

The sergeant referred the Post to Tasha Day of the Office of Special Events & Filming for further inquiry into such permit agreements. Day is currently on leave, but Bill Mallery of Special Events & Filming referred the Post back to the LBPD. However, LBPD representative Nancy Pratt referred the Post back to Special Events & Filming, noting that the LBPD “doesn’t enter into any agreements for photography or videography,” and emphasizing that “anyone can take a picture of anything that is in public view.”

Mallery did not respond to the Post‘s follow-up, so the Post contacted City spokesperson Tom Modica. Modica did not reply to the Post‘s inquiry as to whether the City makes such agreements, except to refer the Post to the City Attorney’s Office. As of press time, the City Attorney’s Office had not provided the Post with a response.

A TED security guard stops taking notes on the author to cover his face with his notebook.