Kayakers said man couldn’t take pictures at Whatcom Falls Park, now they’re facing charges
A kayaker from Bellingham and one from Skagit County have been charged with assault after an argument with a photographer in Whatcom Falls Park reportedly turned physical and resulted in the photographer suffering a severe knee injury.
Weston Brantley Persons, 23, of Bellingham, was booked and released Friday, Aug. 19, from Whatcom County Jail.
Whatcom County Superior Court documents show Persons and La Conner resident Padraig Rogers McGowan, 21, were charged with second-degree assault by the Whatcom County Prosecuting Attorney’s Office on July 13, and both men were mailed summons.
Bellingham police officers responded on Jan. 25 to Whatcom Falls Park for the report of a fight between a group of kayakers on the creek and a photographer standing on the shore, court documents state.
Officers spoke to a witness who reported seeing Persons get in an argument with the photographer because the man was taking pictures of the group of kayakers on the creek and Persons believed the photographer was not allowed to do so, documents state.
The witness reported that during the argument Persons struck the photographer several times in the head and torso with his kayak paddle, according to documents, and that McGowan joined the fight and tackled the photographer into the water and continued to throw punches.
Medical reports showed the photographer suffered an ACL tear in his knee, documents state.
According to the Photographer’s Right: “The general rule in the United States is that anyone may take photographs of whatever they want when they are in a public place or places where they have permission to take photographs. Absent a specific legal prohibition such as a statute or ordinance, you are legally entitled to take photographs. Examples of places that are traditionally considered public are streets,sidewalks, and public parks.”
However, permits are required to photograph for commercial purposes in Whatcom County and Washington state parks.