Colorado Lawmaker Censured for Kicking
By DAN FROSCH
Published: January 25, 2008
http://www.nytimes.com/2008/01/25/us/25censure.html?ref=usDENVER — In the week leading up to his first day on the job, State Representative Douglas Bruce, a Republican, got into a lengthy dispute with the Democratic speaker of the House over the time of his swearing in.
On the day he took office, Jan. 14, Mr. Bruce did something more contentious. He delivered a swift kick to the knee of a photographer for The Rocky Mountain News who was snapping his picture during a ceremonial prayer. Mr. Bruce refused to apologize. The paparazzi, he defiantly told members of the House, would not leave him alone.
The kick was captured by a television camera, splayed across the Internet and led to a legislative inquiry that ended Thursday when Mr. Bruce, an antitax advocate from Colorado Springs who was appointed by his party to fill a vacancy, became the first member of the Colorado General Assembly to face censure.
<<snip>>
At a committee hearing last week, Mr. Bruce described the kick as “a nudge” intended to restore order in the House chambers that, he contended, was being disrupted by the news media crowd. He said he had warned the photographer, Javier Manzano, to stop taking his picture during the prayer.
In local news coverage of the incident, Mr. Bruce is seen standing with his head bowed and eyes closed. At one point he opens his eyes, appears to grow distressed and says, “Do not do that again!” before stomping down on the knee of Mr. Manzano, who was crouched at his feet.
<<snip>>
Mr. Manzano told legislators he was simply trying to capture an image of Mr. Bruce during a spiritual moment. “I did not foresee him losing his composure and kicking me,” Mr. Manzano said at the hearing. MORE...
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Doug Bruce's Response
http://graphics8.nytimes.com/packages/pdf/national/20080125_doug_bruce.pdfCONSIDERATIONS
Did I intend to disrupt, or engage in actual disruption? No and No.
1. I brought four dozen roses for staff members, solely as good will gestures.
I brought 64 baggies of Jelly Bellies for my new colleagues " "
I issued 64 invitations for a private meal with new colleagues " "
Are those the actions of a violent, angry, hateful, disruptive person? No.
2. I had asked the photogs twice not to disrupt the prayer and pledge. They
admitted that in their testimony, and agreed not to shoot me during those
times. So freedom of the press is not involved, only their "freedom" to lie
when someone's eyes are closed. The tap on his knee (the closest point without
going down on the floor with him) was not "violent" and was less disruptive
than grabbing his camera, walking away during the prayer (an act of disrespect
that would trigger even more photos), summoning the sergeantatarms,
or any other act. Doing nothing would allow him to continue to disrupt my prayer and
that of the entire House, which would be attributed to me. This was no worse
than poking someone snoring in the next pew (who had never agreed not to
snore!) I was trying to stop his disruption, not to cause one! It was
inconceivable to me that House Rules about order had an unwritten exception,
that they don't apply to media.
3. Had the photog been a plumber or waiter, would this ever be an issue?
Had I put my hand on one's shoulder to escort him out of my office after
his disregard of requests to leave, would that have been disorderly conduct
by me? Does this alleged freedom of the press allow him to violate my
free exercise of religion, as guaranteed earlier in the First Amendment, and
that equal right to pray of the entire chamber? No. No. No.
4. There is no House rule that says any touching of another private citizen is
disruptive per se. How is that nonnotice
due process? No member, nor the
pastor, was aware I had tapped the photographer's knee. How can an unknown
event be disorderly or disruptive?
5. I was not a member, but a private citizen. The stated remedy for public
disruption is clearing the aisles or gallery. Since the Speaker was unaware of
my tapping the photographer's knee, there was no disruption involved, and no
clearing was ordered or justified.
MORE...
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