Charged with Criminal Trespass After Filming in City Hall Following Council Meeting

Location: Texas

Charge: Criminal Trespass PC 30.05(D)(1)

I was charged with criminal trespass after an incident where I was acting as a journalist for a nonprofit news organization within City Hall following the adjournment of a public city council meeting. The meeting was over, and multiple members of the public, as well as city officials, remained inside casually conversing, which has happened many times before without issue. I approached one public official to question him about comments he made regarding another public official. During that interaction, the public official grabbed my camera twice in an apparent attempt to stop me from recording.

I verbally announced that he had just assaulted me by grabbing my camera. Shortly after, the City Administrator told me I “needed to leave,” and that he was going to call the police. I told him to go ahead and call them because I need to file a report for the assault. I questioned why they were removing me from a public building while they continued to coax me out the door. I received conflicting instructions, at one point being told by the Mayor to “just wait in the lobby.” I was repeatedly coaxed to leave while other members of the public were still present and not asked to leave. I was not being disorderly or raising my voice leading up to the moment I was asked to leave. I was attempting to perform interviews in my journalistic capacity.

Police were called and eventually responded. They took my report regarding the official grabbing my camera but never mentioned anything about trespassing. I later voluntarily provided video evidence to support my assault complaint. The video spans from the moment I approached the public official to after our interview with the responding police officer. Three weeks after the incident, I was arrested on a warrant for criminal trespass based on the same interaction, and held in jail until I bonded out. This was the first time I have ever been arrested for anything.

Are city officials allowed to selectively ask someone to leave public property, like City Hall, while other members of the public are allowed to remain, especially when the person being asked to leave is engaged in peaceful, constitutionally protected activity such as journalism or recording? Does being ejected in these circumstances, following a confrontation where I accused a public official of assault, raise potential First Amendment retaliation or other civil rights concerns? I am not asking for a defense strategy or help with the criminal side. I would just like to better understand if my constitutional rights may have been violated.

Thank you in advance for anyone that spends the time to offer any level of advice. Your time is sincerely appreciated.