Two Roanoke media outlets have challenged the Roanoke Sheriff's Office policy of not releasing an inmate's photo after the arrested person has bonded out, arguing that the policy violates Virginia law.

WSLS (Channel 10) and The Roanoke Times have filed a petition in Roanoke Circuit Court asking that a judge mandate that Sheriff Octavia Johnson release mug-shot photos whenever the media ask, regardless of whether the person is physically in jail at the time.

"We want the mug shots released as required by law," said WSLS news director Melissa Preas. "It's plain and simple."

Sheriff's office spokeswoman Patricia Johnson confirmed Tuesday that the office had received the petition but said the sheriff was out of town for a conference and could not immediately comment.

Officials with both news organizations said they believed the matter was crucial enough to set competitiveness aside and join forces.

"The fact that we're working with another media organization demonstrates how important we think this is," said Carole Tarrant, the newspaper's editor.

Preas said that the issue of the sheriff's office refusing to release photos has cropped up repeatedly since she became news director in August 2007.

Tarrant said the newspaper also has had mug shot requests turned down. She was happy to join in the legal complaint when approached by WSLS, she said.

The petition, filed Monday, cites an instance in July in which both the newspaper and the television station requested a photo through the Virginia Freedom of Information Act.

The sheriff responded to the requests by saying her office has a policy of not releasing photographs of inmates who are not in the custody of the jail.

The petition argues that under Virginia law, mug shots must be released unless the release of the photo would jeopardize an ongoing criminal investigation.

Preas said she considers the sheriff's office policy unfair, in that an inmate who has enough money to quickly post bond can avoid having his or her photo released to the media, while an inmate who can't afford to post bond cannot.

Policies for the release of arrestee photos vary from jail to jail. Generally the Roanoke County/Salem Jail will release a mug shot for up to seven days after an inmate has bonded out. The Blue Ridge Regional Jail is willing to release photos whether or not the arrestee is physically in the jail but requires that the media seek permission from the arresting law enforcement agency before granting requests.

Preas said that in her experience only the Roanoke City Jail has refused mug shot requests.