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NPS to Edwards: stop filming or leave park
by Rob Poggenklass · News · June 27, 2007
Local Democrat wants park to apologize to candidate’s wife
The National Park Service stands by its decision to ask Elizabeth Edwards to either stop filming her recent visit to the Herbert Hoover National Historic Site or leave the park immediately.
During a June 16 campaign visit to West Branch, Edwards, the wife of Democratic presidential candidate John Edwards, stopped at the Village Green. For 15 or 20 minutes she walked around the park greeting residents, accompanied by two of her children and several staff members, including a photographer and a videographer.
After about half an hour on the Village Green, Edwards introduced herself as the wife of a presidential candidate to Melissa Bergman, a park ranger at the Hoover Site. According to Pat Furchtenicht, a Cedar County Democrat who was standing next to Edwards at the time, Bergman told Edwards that she was not allowed to take pictures at the Hoover Site.
“Elizabeth said, ‘We’ve never heard this before,’” Furchtenicht said. “She said, ‘We’ve always taken pictures on federal ground and never had a problem.’”
Bergman then told Edwards that her staff could either stop taking pictures or leave. Edwards did both; she and her staff promptly exited the Village Green and headed toward the Hometown Days carnival on Second Street, where her staff resumed taking pictures.
There were no members of the media with video cameras on the Village Green.
The incident took place between 3:15 and 3:30 p.m. on Saturday, June 16, and is not disputed by the National Park Service.
Park Superintendent Cheryl Schreier said that Bergman did the right thing by questioning Edwards and her staff, particularly the man who was filming. Schreier said the relatively large size of the video camera tipped off Bergman.
“That triggered a question for her,” Schreier said. “This was not just a family affair.”
Schreier said that Edwards was cordial in her response to Bergman.
Furchtenicht was angered by the park’s treatment of Edwards. She believes the Hoover Site should rectify the situation.
“It reflects on us,” she said. “I want to get something back to Elizabeth — an apology.”
Dan Leistikow, a spokesman for the Edwards campaign, said Monday that Elizabeth Edwards complied with the National Park Service’s request. He did not have any further comment.
Schreier said that filming on park ground, if it is done for a political purpose, requires a special use permit. The Edwards campaign did not obtain a permit to use the camera on park land.
The special filming permit is different from the special use permit required for the annual pre-prom gathering at the park, when hundreds of residents gather to take still pictures and home videos. In that case, the permit is required because of the large number of people and cars at the Hoover Historic Site.
In the Edwards case, Schreier said a permit is required because of the way the video may be used. For example, when someone comes to the Hoover Site wanting to make a video that will be sold commercially, that individual or company must obtain a special filming permit.
Schreier said there are certainly First Amendment rights of freedom of expression to be considered. But she said that if the video tape made by the Edwards campaign on the Village Green were to be used in a campaign commercial, it may not be covered under the First Amendment.
“When it comes to the filming aspect, that gets a little trickier,” Schreier said. “If that is going to be happening, we need to know about it.”
When asked if a Republican presidential candidate would have received the same treatment as Edwards, Schreier gave an unequivocal “yes.”
In July 2004, Democratic presidential nominee John Kerry held a town hall meeting at another national park, Cape Canaveral. In August 2004, three months before the election, the Bush administration’s Office of Special Counsel issued a memorandum stating that under the Hatch Act, federal candidates are prohibited from campaigning at federal buildings. According to the memo, however, official visits from incumbent elected officials are allowed.
“We walk those very fine lines,” Schreier said. “We have to be cautious where official government business is being conducted.”
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