I Fought The Law
Posted on: March 16, 201012 Comments |
Story time! Back when I lived in NYC, I rode the subway all.the.time. I also liked to take photographs on the subway all.the.time. One evening, after a a tasty but overpriced meal with a dear friend in the Village, I parted ways with my friend at West 4th and descended to the BD FV platform. And I waited. And waited. And waited. Bored out of my mind, I pulled the 5D from its neoprene sleeve and started to snap. There wasn’t much going on near me, so I started lining up some cross platform shots — focusing on this gutsy young folk singer, who had a surprising innocence about her — a rare quality for a late night busker. Just as I caught this frame, I felt a strong hand on my shoulder. I jerked backwards into the soft gut of a man just a few inches taller than I am in my heeled boots.
Shit, I thought, sure I was about to be mugged I knew this would happen. Should be paying attention to my surroundings not looking through this damn viewfinder. I must have tensed up, maybe even gasped a little. That’s when the man said:
“NYPD, ma’am. I’m going to need to see the camera.”
Instinctively, I wrestled my arm free, spun around, and cradled my Canon. (Note: My instinct is to remain in the arms of a criminal but to bust away from the cops. Curious.)
NYPD: You know, it’s illegal to take photos in the subway. I need to see the camera.
Me: Is it? Really?
NYPD: Yes. Security measures. Put into place after 9/11.
Me: With all due respect, officer, I think you’re mistaken.
NYPD: With all due respect, ma’am, I’m here to enforce the law & you can’t…
Me: I don’t want to do anything I’m not supposed to. That’s why I’ve looked into this. Extensively. Unless something was enacted recently, I’m well within my rights here. There’s a photography ban on the bridges and tunnels, but not in the subway.
NYPD: No. It’s not allowed — I can stop you.
Me: Oh, yes, of course, you can stop me if you have reasonable suspicion that I am engaged in or aiding criminal activity. But taking photos in the subway is not a crime. Not even a misdemeanor.
NYPD: Yes it is.
Me: I don’t mean to be a pain in the ass, but — no it isn’t. See, I’m a lawyer. And I’m careful not jeopardize my bar admission by running afoul of the photography bans. So I’ve looked into this. And it’s permitted. A ban was proposed back in ’05 or ’06, but it wasn’t enacted.
NYPD: Oh, right, well, ummm, yeah, it’s not… it’s not all illegal. I mean… you can take pictures of your friends while you wait for the train, you know. But what you are doing, it’s suspicious activity. Taking photos across the tracks…Photos of strangers. It raises suspicions.
Me: So let me get this straight: It’s ok to be a tourist, but not an artist.
NYPD: No, its just not ok to be a terrorist.
Me: So you think I am a terrorist then?
NYPD: Well, I don’t see why anyone would want a photo of the things you seem to be photographing. It’s suspicious.
Me: Sorry to frighten you.
NYPD: (shouting as the train pulls in) I WASN’T FRIGHTENED!
Me: Of course not. Can I get on this train?
NYPD: Get home safe.
Now, the moral of this story is NOT “talk back to the police.”
Rather, it is “know your rights.” Be educated, be aware, and be respectfully confident.
And this is NOT legal advice — it’s common sense.
But if you are looking for some more specifics on your rights as a photographer, check out these links:
In the US: It’s also not a bad idea to read, internalize and carry around a copy of this handy document created by attorney Bert P. Krages, which is known as “The Photographer’s Bill of Rights“
In the UK: A fellow named Simon Moran has put together a guide called UK Photographer’s Rights v2 — while I can’t speak to it’s accuracy, it is at least a starting place.
For those of you living in or planning to visit New York City, here’s the relevant regulation, which is posted on the MTA website
NYCRR 1050.9(c):
Photography, filming or video recording in any facility or conveyance is permitted except that ancillary equipment such as lights, reflectors or tripods may not be used. Members of the press holding valid identification issued by the New York City Police Department are hereby authorized to use necessary ancillary equipment. All photographic activity must be conducted in accordance with the provisions of this Part.
After my run in, the NYPD issued an Operations Order which reminds police officers that photography is rarely illegal and states that they may not demand to see the photos taken or that you delete the memory card. When shooting in NYC, a copy of this order is always in my bag.
And a final note of disclaimer: Although I am an attorney, I try to forget that I am when I’ve got my camera in my hands. Photography is generally my escape from all things legal, which is why it’s especially annoying when the two realms intersect. I’m posting this story to build your awareness and point you in the direction of a few resources. This post is not legal advice and does not create an attorney-client relationship between you and me & my law firm (or Brad & his firm, for that matter!) Moreover, I haven’t done a careful analysis of any of the resources I’ve linked to and do not vouch for their accuracy. Rely on them at your own risk. Remember that the law changes depending on where you are. And sometimes just because you can shoot something doesn’t mean you should — be a respectful and sensitive. For more comprehensive discussion, there are lots of books
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March 16th, 2010 at 11:03 am
Timely for me Nicole I am headed down to NYC first nice weather weekend we get this spring. I remember when you first posted this occurrence on flickr. Glad to see it is here as well. By the way, the Busker shot….if I may, it rocks!!
March 16th, 2010 at 12:15 pm
Good post Nicole. I find very few police officers are interested in harassing photographers. My approach is not to argue with them. If you argue and they want to arrest you they will find a reason. You will ultimately win but at what cost? I guess you have to pick your battles.
Rentacops are a different matter. They are typically overbearing, hostile,and clueless, at least where photography is concerned. I have told more than one to F off once I made sure I was standing on public property. No one of course has a “right” to trespass.
And always remember that even if you are right that doesn’t mean you won’t get your ass kicked. ‘Photography isn’t a crime’ is a good mantra but common sense has to be part of the equation.
March 16th, 2010 at 12:23 pm
I eat up stories like this wen the photographer knows their rights and stands up for them. I am very passionate about photographers rights but never get the chance to stand my ground.
See, Cleveland, Ohio apparently loves photographers. Whenever someone says something to me when I am practicing my art, it is usually, “Wow, that’s a great shot! Do you shoot for the newspaper?” I tell them I just shoot for myself, they nod and walk away.
I even had a security guard stop me once to show me where a shot from the opening to the Drew Carey show was filmed!
So my heart is afire with righteousness for the cause, but I have yet to be in a situation to unleash it.
Great article, Nicole, and a great way to show an example of how to know your rights without pissing a police officer off, and causing a small situation to balloon into a conflagration.
March 16th, 2010 at 2:49 pm
So, telling the Police “Nicole said I could…” won’t work?
Dammit.
great stuff nic, and thanks for the links!
March 17th, 2010 at 2:41 am
I have only had one run in with the real cops, I was taking photos inside the South African Constitutional Court, and was told it was not allowed and I respectfully didn’t. The guide told me the museum was off bounds too, but I sneaked in a few shots there, since they just want you to buy the book from the gift shop instead of taking your own.
I have had plenty of run ins with the “Camera Nazi” Rent-a-cops at my office complex which is an Architecturally beautiful space, to the point where it’s no longer worth the fight (I end up getting very worked up about it). In an age where almost all phones have 3-7Mp cameras on them, my bulky and obvious D90 is no risk at all compared to the thousands of camera’s in the precinct daily. The standard training for minimum wage security (on segway’s) don’t seem to agree though.
I really need to speak to a lawyer friend of mine to find out about the regulations here.
March 17th, 2010 at 9:20 am
I love this story! And I love the subway shots. I was nervous about taking shots on the subway while I visited NYC but I did get a couple nice ones. I took some last week at a local flea market and was trying to hide behind merchandise to get shots! I’ve been scolded more than once by the owners of the booths =)
March 17th, 2010 at 10:18 am
Great stuff! My problem in Chicago is that the El is privately owned so they claim that since I am on private property I cant take pictures. Ive gotten into several arguments with people and either they are misinformed or it is true. Ive never been able to verify it either way.
March 17th, 2010 at 12:01 pm
@Tom: It appears that the official policy is available here. http://www.chicago-l.org/FAQ.html#1.4
I suspect all of the vague wording is because they know they can’t prohibit it. Even if it is privately owned, I would imagine that because the L serves a public function, is held out as public space, and is a the type of enterprise that is usually within the province of the state, it would be treated as a public space. In any event, the CTA permits non-commercial personal photography: Personal photography.
According to CTA® Rail Service Bulletin R146-03,
“personal photographers are permitted on CTA property if their activity is incidental, does not pose a distraction to others and does not affect any customer or employee’s safety. Individuals in this category may be identified by the use of simple cameras. Personal photographers generally spend little time in one location and take pictures while waiting for a train.”
March 17th, 2010 at 7:41 pm
Really great story and stuff I never think about… sometimes living a rural existence ain’t all bad! But I’ll need to look into Chicago, where I like to escape with my camera!! Thanks for opening my eyes to possible problems!
March 17th, 2010 at 8:58 pm
nice writing once again.
i hear so many of these types of stories and most of my run-ins have been with rent-a-cop security guards. they always seem to say something after i’ve taken my shots so i just smile and walk away.
what i get most is store owners who have issues with me shooting the building or store from the public sidewalk telling me i cannot photograph the building or store! is it illegal to do this from a public sidewalk? which buildings are “off-limits?” i am sure donut and liquor stores and stores with funky window displays or cool neon signs are not off-limits? that’s what i get hassled with a lot..
March 20th, 2010 at 5:24 am
I have yet to get told “you can’t take a picture of that” but I think I would play the whole “I didn’t know, I am just an art student….” (Which I am not, haha.)
March 21st, 2010 at 9:09 am
Oh very timely as I will be in NYC in April… I had already planned on researching my photography rights before the trip and now you have given me some good starting points…Thanks!