Prosecutors in New York refuse to dismiss charges against a student journalist who was arrested while taking pictures during an Occupy Rochester protest last month.

Jonathan Foster was arrested for trespassing while covering the protest for Reporter Magazine, the weekly publication from the Rochester Institute of Technology.

Prosecutors say they have video of him moving around the park, even though the park was officially closed, according to the Democrat and Chronicle newspaper.

Foster’s attorney, Mickey Osterreicher, general consul for the National Press Photographers Association, said “that’s what photographers do. If the action is here, they go here. If the action is there, they go there.”

Osterreicher noted that reporters and photographers who have been arrested during Occupy Wall Street demonstrations in Zuccotti Park have typically not been charged.

Foster and others charged during the Occupy Rochester demonstrations have been offered ACDs — adjournments in contemplation of dismissal — which would dismiss the charges after 24 hours of community service and no further arrests over a set period of time.

Osterreicher said he did not think that was in Foster’s best interest, however, as he likely could be called upon to cover future demonstration and he could “get into trouble again.”

And Foster, who is 20 years old, is sticking to his guns, intending to fight the case all the way.