February 10th, 2010 | 
Author: The New York Police Department, which arrested a photographer who was LEGALLY taking pictures of the New York Subway as specifically permitted by law (NYCRR 1050.9(c)), settled the false arrest case for $30,000
According to the story on Fox 5:
The cops whacked Robert with not one, but three summonses: One for “taking photos” even though photography is actually allowed. The second for “disobeying lawful order/impeding traffic.” And a third for “unreasonable noise.”
We asked Robert if he was being a jerk to these cops.
“No I wasn’t being a jerk, but I was standing firm,” Robert says. “I didn’t curse at them or anything. I just said ‘Well these are what the rules say.’ If anything he was being unreasonable to me. He put his hands on me and he shoves me through the door.”
Eventually, all three summonses were dismissed, and the NYPD admitted that the summons for taking pictures was issued in error.
But Robert didn’t drop it there, he hired lawyer Gerald Cohen and he sued the city. In the end, the city settled and the boneheaded move by the “picture police” cost taxpayers $30,000.
It is a well-deserved victory for the photographer. Shortly after this lawsuit was filed the NYPD issued an operations order to its rank and file members telling them that photography is legal throughout the City of New York. Yet incidents and encounters continue to occur as we have seen. Some cops continue to have a personal vendetta against photography and photographers. The city can ill-afford lawsuits like this given the current state of the economy. Unfortunately only lawsuits like this will eventually force the government officials to back down and give photography the freedom it deserves.
Posted in Photography and the Law
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The saddest part is, the cops wont get fired. The city sees these lawsuits as a “cost of doing business” without anyone taking any blame.
This way, they get to enforce a non-existent law that they want to put on the books anyway (but the public wont let them). As long as 99 of 100 people take their bullying and don’t file lawsuits, the city and the cops win.
I carry a printout of the Operations Order, the 1050.9(c) statute, and a copy of “The Photographer Right” when i have my camera with me.
Unfortunately, i doubt they will help. cops dont like it when you know the law better than they do.
Cops are smarter than the rest of us for ONE REASON and ONE REASON ONLY: They took a job that after twenty years will pay them for life.
Unfortunately, the lawsuit may be the only means to enforce citizen oversight of the police in some jurisdictions.
The way I see it is.. “that 30k will sure buy a lot of new photo equipment, won’t it!?”
Rail Car Fan