Archive for the ‘Photography and the Law’ Category

We wish to express our THANKS to Carlos Miller and his website Photography Is Not a Crime for bringing the Metrorail situation to what we hope is a satisfactory conclusion. The protest organized by Carlos was a success and made its point. Read the details and see images from the scene here.

And promises to stop harassing photographers. Although they do state that they will continue to question all photographers, which unfortunately opens the door for harassment if not handled properly

Here is Metrorail’s response to the NPPA

MDTA Response 08-06-10

How Ironic. Officials of the Metro North Railroad and the New York Transit Museum are seeking amongst other artifacts:

Still photos and moving images also are being sought as is ephemera such as tickets, timetables, menus and matchbooks from Terminal tenants. Flyers and advertisements for events held in the Terminal, such as galas, political events, USO entertainers, exhibits, movies, etc. also are welcome.

Seems these HYPOCRITES need pictures for their 100th anniversary celebrations.

Ironic indeed considering that these same officials have declared the platforms of Grand Central off limits to photographers. One incident is described here , and another here

Since photographers at track level are now routinely harassed where will the pictures be for the 150th anniversary or the 200th in the future?

HD Net has posted this video of the Metrorail Security guards assault on photojournalist Carlos Miller

A protest is now being planned. See Photography is Not a Crime for more details.

The protest will start at 1pm on August 8th at the

Douglas Road Metrorail Station
3100 South Douglas Road
Coral Gables, FL

METRORAIL REFUSES TO RESPOND to Email

Shortly after we saw the original incident on Twitter, we sent an email to Metrorail requesting clarification of their photography policy. To this date they are refusing to respond. Silence speaks for itself!

Breaking News -Security Guards employed by Miami Metrorail Assaulted Photojournalist Carlos Miller on Video:

In spite of the operations order some officers of the New York Police Department still think that they are above the law and are continuing to try to stop photography through intimidation. For example, this incident which is being reported in the New York Times:

As I stood at the open gate of the fenced-in parking lot at the southwest corner of West 40th Street and 11th Avenue, I started to aim my camera upward toward the building. Within seconds, an N.Y.C. taxi abruptly pulled in front of me. It was dark. There were rats. The cab startled me.

‘Can I help you?’ asked the driver in a tough tone. I then noticed the flashing red, white and blue lights in the cab’s grill. It was N.Y.P.D. in a taxi costume.

‘I’m taking photos.’

‘Of what?’

‘The new Javits building.’

‘Why?’

‘I like the building. Is that O.K.?’

‘Not in here.’

“By ‘here,’” Mr. Hahn continued in an e-mail to Lens, “I’m presuming he meant the fenced-in lot, in which I was not standing, by the way. Both of my feet were firmly on the public sidewalk next to the gate.”

As the photographer said, the action by this officer was a very thinly veiled attempt to intimidate the photographer into leaving.

Demonstrating utter disregard for FEDERAL LAW which permits photography of architecture from public space, security guards in downtown Norfolk harassed photographers who were participating in the in the Scott Kelby World Wide Photo Walk. According to one of the photographers in the group:

a Wackenhut rent-a-cop came over and scolded us about shooting. He said “You cannot take any pictures of any kind of the bank buildings” he said. I immediately challenged him. He refused his name, and both his badge number AND his name tag were covered in black tape.

I then asked him to tell me the law that says I cannot take photos. Of course, he could not cite any, just that “I have my instructions, and I am not to allow anyone to take pictures of the bank buildings.”

If the bank building can be seen from public space then it can be photographed. The behavior of these guards is inexcusable.

This in-depth article in the Washington Post confirms what we have been reporting here for the past three years:

Courts have long ruled that the First Amendment protects the right of citizens to take photographs in public places. Even after the terrorist attacks of Sept. 11, 2001, law enforcement agencies have reiterated that right in official policies.

[...]

Reliable statistics on detentions and arrests of photographers are hard to come by, but photographers, their advocates and even police agree that confrontations still occur frequently. Photographers had run-ins with police before the 2001 attacks, but constitutional lawyers say the combination of heightened security concerns and the spread of digital cameras has made such incidents more common.

The article includes a link to pictures people were harassed for taking and the stories behind them. Some of the stories were reported here and there are a few that are news to us as well.

The analysis is excellent and a must read for anyone interested in this issue.