A subway photographer who goes by the internet name “Nilet” sent us this account of a recent encounter with a New York City Police Officer in the subway:

It’s been almost a year since the NYPD issued an operations order on April 3, 2009 explaining that photography is legal, and yet the NYPD continues to harass photographers.

On March 18, 2010 I took a photo in the 96th Street subway station of a 1 train with a sign that said 2 on it. A pair of cops standing nearby shouted that photography was illegal. This was officer Corrad, shield #7338 (if I remember correctly, as I was never given an opportunity to note it down with greater accuracy) and his partner, who never provided a name or shield number. They were clearly looking for a fight.

The two demanded to see identification. Wary after numerous stories of previous harassment as well as my own experience, the first thing I took out of my pocket was my camcorder. After numerous complaints of unknown headless lecturers in which photographers recorded their harassers only from the neck down, I elected to point the camcorder at the officer in order to obtain an accurate video of the encounter. The officer, however, grabbed the camcorder and my hand (as I have learned to keep a tight grip on the camcorder and held it in my hand-strap) and covered it with his own hand.

He repeatedly told me that I was not allowed to take photos, despite photography being specifically permitted by 21 NYCRR 1050.9(c), and despite the operations order telling him as much, and continued to demand identification. I asked him again to take his hands off my camcorder— as well as violating my right to take the video, he was also demanding that I produce identification, which required that he let go of the hand in which I was holding the camcorder, making it impossible to reach into my pocket.

I asked on what basis I was being detained. He told me I was not being detained; he was just asking for ID. I asked if I was free to go, given that he said I was not being detained. He demanded ID again, and specifically demanded a photo ID “that says you can take pictures down here,” and demanded that I show him a special photo permit. Given that photography is explicitly permitted, special photo permits are not required except for extensive commercial shoots.

Ultimately, I managed to extract my wallet from my right pocket with my left hand even though he never let go of my right hand and the camcorder. I handed him a school ID and a copy of 21 NYCRR 1050.9(c), neither of which he ever really looked at. Even after I gave them to him, he continued to accuse me of refusing to provide ID; the other showed me some odd paper of sorts, claiming that refusing to provide ID is a $25 fine. I’m not sure what that was, but refusing to provide ID is legal unless the police have reasonable suspicion of a crime.

The officer specifically asked me: “Do you have a document that says you’re a special photographer that can take pictures in the subway? Yes or no? YES OR NO? Do you have a permit that lets you take pictures in the subway?” This was while he was holding both the copy of 21 NYCRR and my ID. I told him to read the former; he asked for the latter. He also ordered me to put the camcorder down, saying: “You don’t have the right to take photos of me. That’s what you don’t have.” This statement is not true, and I corrected him. He repeated: “You need MY permission to take a photo of me, PUT THE CAMERA AWAY!” He also declared: “You can’t take photos without being identified!” Not only is this statement untrue, he was, and I repeat, holding my ID at the time he said it. He finally looked at it, noticed it was a student ID, a said: “You’re a college student… Why wasn’t it around your neck?” When I told him this was not required, he declared: “If requested, you have to produce it.” This is also not true, but I said: “I gave it to you!” Indeed I had. He said: “No you didn’t, you went on to take photos of me,” and lectured me for failing to produce it fast enough. Then, he declared without the slightest sense of irony: “You know the rules! You need to produce ID! Why were you making this so confrontational?” I pointed to my ID; he declared: “I’m asking you a question!” I told him I wasn’t going to answer that; he told me that in that case I had to leave the subway. I asked him on what basis; he said: “Refusing to produce ID,” and threatened to arrest me for “disorderly conduct,” the all-purpose contempt of cop charge. (I also asked him to refund the $2.25 fare; he said “talk to the MTA about that.”)

This is absolutely inexcusable:

1. The photographer is correct. NO PERMIT IS REQUIRED to take pictures in the NYC Subway. Everyone is entitled to take pictures under 21NYCRR1050.9(3)

2. NO PERMISION is required to take pictures or video of police officers.

Police officers were given an operations order that specifically reminded them that photography in the subway is legal – apparently these two officers are ILLITERATE !

15 Responses to “NYPD Continues to Illegally Harass Subway Photographers”