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My name is Lindsey Grayzel and I am launching this fundraiser to cover legal expenses for my cinematographer Carl Davis. In October we were both arrested and charged with three felonies and a misdemeanor while filming a climate activist's protest action at an oil pipeline in Skagit County, Washington. We both faced up to 30 years in jail and $46,000 in fines simply for filming someone else engage in non violent civil disobedience.
For over a year I have been working on a documentary following climate activist Ken Ward. On October 11, 2016 Carl and I filmed Ken's action protesting tar sand oil's effect on climate change. Ken entered a secure enclosure and closed a safety valve on a pipeline near Anacortes, Washington. Carl and I filmed this action from outside the fenced enclosure. When the police arrived they told us to leave the area and we complied, only to be arrested after returning to our vehicle. Police officers seized our cameras, footage, phones and computers. We were strip-searched and held in custody in the Skagit County Jail for 34 hours before being released on $25,000 bail. Our charges were the same as Ken Ward's including:
-Criminal Sabotage, (Class B Felony): ten years imprisonment, a fine of $20,000, or both.
-Assemblage of Saboteurs (Class B Felony): ten years imprisonment, a fine of $5,000, or both. (These first two crimes are remnants of Washington State’s attack on the IWW in the early 20th Century)
-Burglary, 2nd Degree (Class B Felony): ten years imprisonment, a fine of $20,000, or both.
-Criminal Trespass, 2nd Degree (Misdemeanor): ninety days imprisonment, a fine of $1,000, or both
Total maximum punishment for each of us: 30 years + 90 days imprisonment, a fine of $46,000 or both.
The First Amendment* protects our right to fil m, and after three weeks the prosecutor dropped all the charges against us, while retaining the right to re-open the case any time within three years. This intimidating process of being charged with crimes and having to defend ourselves has created a chilling effect for our work and for everyone considering covering these important stories. It has also exacted a financial toll. Fortunately, I had two excellent attorneys working pro bono on my behalf, but my cinematographer is facing steep legal bills for his defense.
If you are in a position to help with legal expenses, your donation will be deeply appreciated.
You can also help by sharing this campaign via email and on social media to raise awareness of infringements on the First Amendment rights of other filmmakers and reporters covering similar issues.
There is now a pattern of police intimidation of the media covering protests of oil pipelines. While our cases and that of Amy Goodman have been dismissed before trial, filmmakers Deia Schlosberg and Steve Liptay still face charges along with numerous reporters covering the protests at Standing Rock in North Dakota. You can read more about this issue in this article.
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Lindsey Grayzel is an award winning documentary filmmaker who lives in Portland, Oregon with her husband and two teenage sons. She has spent much of the past five years working on documentary films aimed at helping grieving families after tragic loss. You can see some of her work at goodwingrayzel.com.
Carl Davis has been a professional cinematographer for over 30 years, working on projects ranging from dramatic short features to documentaries, corporate marketing videos, exhibition films for museums, and videos for non-profit organizations. His career has taken him to film in locations all around the world, including Siberia, China, Russia, Korea, Mexico, Australia, New Zealand, Kenya, Nigeria, Ghana, Senegal, the Middle East, and throughout Europe.
*The First Amendment of the U.S. Constitution states: “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
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