WE HAVE BEEN LIVE ON THE GROUND ALL 18 DAYS of the Delaney Hall ICE prison hunger strike and protests. Our crew HAS BEEN INJURED while being shot at by flash bang grenades, tear gas, pepper balls, rubber bullets, pepper spray—and rushed at by police horses. We’ve been THREATENED WITH ARREST for broadcasting live—and REFUSED to leave. We CAN NOT AFFORD TO CONTINUE without gaining at least 100 paid members over the next few days. PLEASE SUPPORT US for as low as $5 bucks a month (16 cents a day).
Hey folks, it’s Jordan.
I am proud to say that our journalistic pressure—hell, shouting—at Newark police and Newark’s Democratic Mayor Ras Barak just defeated a HIGHLY ILLEGAL and HIGHLY unconstitutional policy implemented to, in my opinion, suppress the ongoing anti-ICE protests at Delaney Hall ICE prison as the prisoner hunger and labor strike now enters Day 19 (I will be back out there later today)
Let me walk you through step-by-step what happened. I know your time is limited, but I encourage you to read this entire story as it has major political, journalistic, and first amendment ramifications.
On Saturday, as I prepared to head to Delaney Hall to cover the latest nights of protests—in pain as I continue dealing with chronic back issues—my colleague and Status Coup videojournalist Jon Farina informed me Newark police was not allowing journalists to arrive in front of Delaney Hall with protective gear (PPE) including respiratory masks and eye goggles. They were also blocking backpacks, which in our case is a major issue considering our LIVEU broadcasting unit, the live-streaming equipment we use, rests on Jon’s back as a backpack.
The city of Newark was essentially leaving journalists and protesters to stand as sitting ducks in the face of Trump’s masked ICE storm troopers —who for 2+ weeks have been firing at and attacking protester with:
Tear gas
Rubber bullets
Pepper balls
Pepper spray
Bear mace
Batons
Tasers
Pushing protesters into incoming traffic
Obviously, unarmed protesters, and journalists, having the ability to wear protective gear is an OBVIOUS necessity and, in the case of some of the above, a life and death matter.
“This must be a mistake,” I told Jon. I was so sure of this because, in over a decade of reporting ON-THE-GROUND across the country—in extremely violent and fascist conditions including at the 2016/2017 Standing Rock protesters—I have never experience police or politicians blocking journalists or protesters from wearing PPE.
But Newark police did indeed block me from entering the protest area with my respirator and goggles. In response, I journalistically WENT OFF.
***WATCH VIDEO EXCHANGE OF MY CONFRONTATION WITH NEWARK PD ABOVE***
“You can’t tell journalists you can’t have protective gear! You can’t tell journalists they can’t protect themselves from gas, pepper balls—who’s ordering this?”
“I don’t know…the city,” a cop—who looked like he had seen a ghost—told me, refusing to directly answer whether these orders were coming from Mayor Baraka.
“You’re telling people they can’t bring protective gear so they can be sitting ducks,” I shot back. Incredulously, the officer asked me: “Sitting ducks to what?”
Yes, he actually said that.
Perhaps as a symbol for the lawless, fascist state of our country, on both sides of the aisle, it soon started DOWN POURING rain, hale, wind, and bursts of lightning.
We still went LIVE for nearly 3 hours—without protective gear.
WATCH BELOW:
Here is just one of many examples of the jeopardy Mayor Baraka’s lawlessness put both journalists and protesters in.
“Tonight press weren’t allowed to bring PPE,” videojournalist Sandi Bachom tweeted. At 82 years old, she is still out there risking her safety to show the ugly face of police and paramilitary crackdowns on protesters in America. “Full face gas mask,” she continued. “We had to ditch at the check point. I’m 82 years old. I need all the help I can get.”
I wasn’t going to let this lawlessness stand.
I reached out to the ACLU and other lawyers. As I thought, several attorneys told me this was completely illegal and unconstitutional.
Here is Weston Rowland, an attorney who has been involved with lawsuits on behalf of journalists, including Status Coup, against the LAPD’s lawless attacks on journalists during ICE protests in 2025:
There is no statute or court precedent that authorizes police to order journalists or peaceful protesters to remove protective gear like masks or goggles. Under settled First Amendment law, restrictions on newsgathering and assembly are presumptively invalid unless the government proves they're content-neutral and narrowly tailored to a real, significant interest — and critically, that burden is on the government, not on journalists.
The City hasn't identified any legal authority or safety justification, and that silence is itself the most telling fact. As well, a blanket order forcing people to remove masks also runs into the ADA: for individuals who are immunocompromised or have respiratory or other qualifying conditions, a mask can be a necessary health protection, and a government order stripping that away — with no exception or accommodation — risks denying disabled people equal access to a public space and public protest, which Title II of the ADA prohibits.So there are problems with these kinds of orders and police agencies would better serve themselves and the press if they were prepared to provide answers that backup any claims that their orders are lawful.
When I reached out to Newark Mayor Ras Baraka’s office asking what exact legal statute, code, or law they were following to block journalists and protesters from protecting themselves with PPE gear, they predictably tried to pass the buck.
“Looping in the Public Safety Press team for review and response to some of your questions below,” the Mayor’s communications director responded to my questions.
I would not allow the Mayor to worm out of lawlessly working to endanger journalists and protesters.
“I don't need comment from the Public Safety Press Team,” I repied. “I need comment from the Mayor of Newark as the buck stops with him and his office. Officers told us that this order was coming from the city.”
Nearly three hours later, the city’s top lawyer responded with unconstitutional and lawless jibber jabber.
Response from Newark Corporation Counsel Kenyatta Stewart:
“We can and did restrict masks and face coverings that obscured a person’s identity because they made it difficult to identify individuals engaged in criminal activity and for public safety purposes. The goal was to allow people to peacefully protest without those demonstrations being disrupted by efforts to identify wrongdoers.
“The City of Newark fully supports peaceful protest and the constitutional right to assemble. Our goal throughout has been to protect the public and maintain safety while preserving the rights of those participating in lawful demonstrations. The policies implemented were intended to help ensure the safety of everyone on site, especially protestors, members of the media, and public safety personnel.
“Finally, the Newark Police Division was the only law enforcement agency involved in the operation not using masks or tear gas.”
“Flatly unconstitutional,” an ACLU attorney responded to me when I sent this response to them, adding that anonymous speech is also protected speech. Another lawyer noted there is serious doubt any mask ban would be constitutional.
ANOTHER lawyer pointed out that the Mayor’s reckless PPE ban also would run afoul of the American With Disabilities Act (ADA) considering their may be disabled protesters and/or journalists who require PPE protection for a variety of issues.
So, I went live with my colleague JT Cestkowksi yesterday morning, raising hell about the Mayor’s lawlessness and recklessness—followed by spinelessly trying to pass the buck and act like it wasn’t him leaving protesters and journalists to lie as sitting ducks in the face of Trump’s masked storm troopers.
WATCH BELOW:
After a day of our shaming and pressure from Status Coup and press freedom organizations/attorneys, Mayor Baraka relented:
“They’re letting everyone in today—no bag or PPE check,” a press freedom organization staffer told me last night.
***THIS IS WHY STATUS COUP MATTERS. THIS IS WHY ACTUAL INDEPENDENT ON THE GROUND JUSTICE JOURNALISM MATTERS. THIS IS WHY INDEPENDENT JOURNALISTS FREE FROM CORPORATE INFLUENCE AND INTERFERENCE MATTERS. THIS IS WHY JUSTICE JOURNALISM MATTERS.
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