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Mandy Pomeroy claims photo of opponent’s children in campaign material is fair use

Mandy Pomeroy's campaign material with a picture of Meredith Reed and her children (bottom right).
Mandy Pomeroy's campaign material with a picture of Meredith Reed and her children (bottom right).

At an earlier school board debate, Reed asked Pomeroy to stop using the image.

School board candidate Mandy Pomeroy, who has been criticized this week for using her opponent’s children in a campaign door hanger, responded Friday with a public statement.

Park City school board District 4 candidate Mandy Pomeroy issued a press release Friday saying she was within her legal right to use a picture of opponent Meredith Reed and her family.

Earlier this week, Pomeroy placed campaign material around Jeremy Ranch that contained a picture of Reed with Reed’s elementary-school-aged children.

The photo showed Reed and her children at a school bus stop with a question asking if voters wanted a board member who only gets as close to the classroom as a bus stop.

At a school board debate Tuesday, Reed asked Pomeroy to stop using the image. After Pomeroy declined to do so, Reed sent a cease and desist letter.

In addition to the press release, Pomeroy responded to Reed Friday with a letter from her lawyer. It says Pomeroy had stopped using the picture of Reed and her children, but that it was fair use under the First Amendment.

The statement called Reed’s concerns about the use of the picture a well-timed “publicity stunt.”

Reed said the community has expressed support and outrage over the incident and that she has received an influx of campaign donations, including from those outside her district.

Asked about the ethical implications of using a child's image, Pomeroy said in a follow-up statement that "morality is not up for debate."

KPCW also verified with Jeremy Ranch families that Reed is frequently inside classrooms, not just at the bus stop.