Chaney’s behavior in this matter is beyond believable. How can she the mayor disapprove of the press covering public matters? I don’t get it.
The INKster had been hearing rumors for weeks of a big flap going on between Moscow Mayor Nancy Chaney and Kai Eiselein, editor/publisher of the Eagle and the Boomerang. So she decided to try and get to the bottom of what was going on between the two.
The INKster called Kai and talked to him Tuesday. For starters, Kai quickly noted that the problem was "just between me and Nancy," and did not involve the two newspapers.
Kai forwarded a copy of what had been running on his copyrighted personal Web site to which he posts to on a regular basis. Dated in July, the site was headlined: "Nancy Chaney: Anti-photography Mayor" and included a picture of her conducting city business. The actual picture did not appear in either of Kai's newspapers.
The posting claims that in May 2007, Chaney ordered Kai to stop shooting the proceedings of a council meeting in violation of Idaho's Sunshine Law.
"In a heated e-mail exchange, later in which I sent her a copy of the Attorney General's opinion, she said my photographing those who were speaking was 'disruptive' and 'intimidating'," Kai wrote. "Never mind the fact that I was sitting in a chair, using no flash and never moved from my chair. I merely lifted my camera to take the two shots that I got before her order."
Fast forwarding to July, Kai wrote that when a KLEW-TV reporter was setting up his gear to film a council meeting, he warned him to be careful as the mayor might say his camera was "intimidating."
"He looked at me as though I were nuts, but less than two minutes later the Mayor came over and asked him not to film those who were testifying because his camera was 'intimidating,' " Kai continued.
Chaney supposedly told the reporter, "We've been through this before," as she looked directly at Kai, who had his camera gear at the ready.
"The TV guy was flabbergasted and said he had never had a public official ask him not to shoot," Kai wrote. "We ignored her request and did our jobs."
Kai noted the first time Chaney asked him not to film, he let it pass as an "ignorant mistake." But the second time was a different story.
"She knows it is unethical, but did it anyway," he concluded. "She is unfit for office since she clearly believes her personal beliefs overrule the public's right to know."
But back to the copyrighted photo on the Web site, Kai was shocked when he found out Chaney had used it on her Facebook account, her campaign Web site and some of her campaign flyers used this fall when she was running against Councilman John Weber.
"When I found out, I e-mailed her a copy of the Digital Millennium Copyright Act on Oct. 20," Kai told the INKster. "She had used that photo three different times."
Kai said Chaney came into his office shortly after and was very apologetic.
"I told her the photo hadn't been copyrighted at that point and she asked me not to," Kai recalled. "She said an enthusiastic volunteer had pulled the photo to use and had only had it for a few days. I then checked into it and they had actually posted the image on Facebook on Sept. 13, so they had it for over a month."
After doing some "research and checking," Kai sent Chaney a "letter of demand" in which she had 10 days to respond. That was before the election.
Kai then learned Chaney had retained J. Christopher Lynch of Pepper and Foster, a Spokane law firm.
"A lot of people don't understand how serious copyright infringement is," Kai said Tuesday. "You have thousands of dollars invested in your camera equipment, and every time a photo is taken without permission, it harms every photographer."
The INKster had learned from others that Chaney had claimed she was too busy with community activities to pose for photos for campaign purposes, but had removed Kai's photo from her Facebook and campaign Web site.
The INKster called Chaney on Tuesday afternoon for comment, and after being chastised for "not making her look foolish again," the mayor said she was reluctant to do so since it was a "legally sensitive" matter. She also said she had hired a Spokane lawyer because she needed a specialist in copyright matters.
"This was an extremely unfortunate incident and an honest mistake made by a volunteer," Chaney said.
Chaney said she had always made provisions to accommodate the media at City Hall whether it is print, radio or television and that she and her staff were "consistently available."
"I believe that a strong and healthy free press is critical to the democratic process and representative of government," she said. "The First Amendment is freedom of speech, and I try to accommodate that always."
But Chaney said her concern was for people in council chambers to testify or speak on an issue and are "petrified" by being on camera.
"It is sometimes intimidating to have a camera pointed in someone's face," she said.
"It is an obtrusive presence. The media is there not to create news, but to report it."
As for Kai, he planned to visit with his attorney later in the week since "all talks have broken down."
And for those wondering, Kai is still attending City Council meetings, camera in hand!