February 15, 2002 - Colorado House of Representatives Health,
Environment, Welfare and Institutions Committee hearing on House Bill
1275 - Concerning Dependent and Neglected Children.
In a blatant application of viewpoint discrimination, HEWI committee
chairwoman, Laurie Clapp, adjourned the hearing HB1275 after hearing
testimony from all attendees who were opposed to the bill (numbering
approx. 5) and then pulled the bill without hearing testimony from those
favoring the bill. Over 80 people had appeared to testify in favor of
the bill, some traveling from as far away as Texas.
The pretext for the viewpoint discrimination was an allegation that
Suzanne Shell had disrupted the meeting. Shell attended the meeting for
the purposes of video taping the proceedings for possible inclusion in
her documentary film project. She possesses a valid press pass issued by
the Rocky Mountain Media Collective. State and local governments may not
limit or deny the public or the media access to public forums.
Ms. Shell had set up her camera against a wall, well out of the way of
any traffic, and had video taped the first hour of the session
unobtrusively and with complete decorum, and without comment from the
committee. As soon as the first witness attempted to testify in favor of
the bill, without justifiable reason or provocation, Chairwoman Clapp
sent the Sergeant at Arms to demand that Shell move her camera to the
back of the room. Because Ms. Shell's video camera is not equipped with
remote microphones, if she was moved to the back of the room, she would
only be able to photograph the backs of people's heads and would not
able to record any audio. She was essentially being told to turn off her
camera.
Ms. Shell refused to move, citing first amendment freedom of the press
rights. The Sergeant at Arms then laid hands on Ms. Shell and assaulted
her. When Ms. Shell attempted to video record his face, he blocked the
camera lens with his hand. He refused to allow her to video record his
identification. The Sergeant at Arms then left to get the State Patrol.
Chairwoman Clapp gave Ms. Shell permission to continue video recording
but instructed her to leave room for people to pass from behind the
committee platform to the witness table. Ms. Shell readily agreed. The
Sergeant at Arms returned with two troopers and again assaulted Ms.
Shell, demanding that she leave. Shell insisted that she had permission
from the chair to remain. The audience began to shout out "Leave her
alone," and "Let her stay." A recess was called and Chairwoman Clapp
confirmed that Shell was allowed to remain.
When the hearing resumed, Ms. Shell was subjected to repeated harassment
by the Vice Chair, Betty Boyd and other staff members. Shell continued
to quietly video record in spite of the harassment and unprovoked
disruptions until Chairman Clapp abruptly called a recess in the middle
of the second witness's testimony in favor of the bill.
Ms. Shell's press pass was confiscated by one of the representatives on
the committee. The committee then held a secret meeting in an adjoining
room, apparently without their attorney present, and without announcing
it to public. A secret decision was subsequently made to postpone, and
then changed to pulling, the bill. There is no record of the discussions
leading up to those decisions or what the corresponding committee member
votes were.
Witnesses have reported that certain members of the committee approached
them privately immediately after the hearing was adjourned and offered
to hear their testimony secretly at a later date, possibly via
telephone. One mother reported that the State Patrol had suggested she
remove her children from the building because they were going to use
force to remove Ms. Shell. The mother responded by saying, "I believe I
want my children to watch you do that."
Chairwoman Clapp announced to the public and on the record, which also
goes over the internet, that Ms. Shell's press credentials were
fraudulent and that the reason the bill was pulled was because Shell had
been 'disruptive.' Ms. Shell has received many calls from the public who
were present with offers to testify on her behalf; that she had done
nothing to disrupt the meeting.
Ms. Shell has confirmed with the Director of the Rocky Mountain Media
Collective that nobody had attempted to verify the validity of her press
pass with him. Despite the fact that Chairman Clapp had publicly
declared her press pass to be fraudulent, Ms. Shell's press pass was
eventually returned to her when she demanded it.
Ms. Shell was subsequently informed that she was banned from future
hearings. It is unclear as to the nature or extent of that ban. Since
1931, the U.S. Supreme Court has stated repeatedly that government
attempts to censor the media are presumed unconstitutional. This ban
also constitutes a prior restraint on Ms. Shell's ability to publish
subsequent General Assembly proceedings. The Court has said that "any
prior restraint on expression comes to this Court with a 'heavy
presumption' against its constitutional validity."
Ms. Shell has been subjected to a systematic pattern of intimidation and
harassment where ever she goes for two years. While sitting silently in
courtroom galleries, judges will address her, interrogate her and issue
orders to her. When attending public meetings and press conferences,
they will assign security personnel to follow her around in an effort to
intimidate her.
Ms. Shell is the publisher and owner of Sage Wisdom Press (book
publishing), the publisher of an internet website
(http://www.profane-justice.org) and e-mail news list, a freelance
journalist and editorial columnist, and a documentary film producer for
Diogene's Quest Productions. She covers issues of public interest
relating to child protection.
Ms. Shell will be seeing appropriate legal remedies. Other persons
attending the meeting have also stated their intentions to seek legal
remedies.
Contact Information:
Suzanne Shell
Director, American Family Advocacy Center
Founder Committee for Pro-Family Public Policy
719-749-2971 fax 719-749-2972
dsshell@ix.netcom.com
