# War on Photography - American Front



## Bob Hubbard (Jan 10, 2010)

In the name of security, safety, and anti-terrorism, police wage a war against the evils of the camera. Everyone knows that an enemy spy, who must remain inconspicuous, avoid confrontation, and move undetected, is going to travel carrying a full bag of expensive professional gear while scouting out future targets for his madness.  These brave police and other agents of government fight a never ending battle to keep anyone other than Google, the local chamber of commerce and tourism, and a buildings own website from capturing a professional looking image.

This is the story of the American front.
Damn those cameras, remember, mega pixels equal megadeth!

*Man gets harassed for photographing elevator in Virginia courthouse*


*New Hampshire man told he needs permit to film inside state park*


*California enacts law to protect celebrities from the paparazzi*


*Lawsuit filed in Maryland videography arrest*

*2009*
A Bay Area Rapid Transit Cop shot an unarmed man in the back. At least two people recorded the shooting on their cell phone cameras. Police are said to have confiscated many more cameras, an act that is illegal without a warrant.

a New Jersey man named Duane Kerzic was becoming a national symbol of photographer rights after he was arrested in December 2008 for photographing an Amtrak train in New York City while participating in an Amtrak photo contest.

a Metropolitan Transit Authority worker ended up getting arrested by NYPD officers for photographing a train.

a professional gambler in Las Vegas tested his luck by taking a picture inside a casino and refusing to show the image to security guards, prompting them to detain him illegally for 90 minutes.

a South Florida model was jailed overnight on felony charges after filming police against their wishes in a case that was quickly dropped.

A TV reporter was arrested in Texas after pulling up to the scene of an accident that resulted from a police pursuit of a car filled with marijuana. 

In Connecticut, police feared for their lives when they arrested a priest who filmed them frisking an Ecuadorian immigrant inside a convenience store.

The NYPD sent out a memo to its officers ordering them to stop harassing photographers. It turned out, some officers never got the memo.

In Washington, a Seattle man was arrested after he photographed an open ATM, which was open in full view of the public.

North Carolina, a news videographer was assaulted, handcuffed and detained while filming a fatal traffic accident because he was not showing proper respect to the people in the accident.

Homeland Security Agents arrested a man in Manhattan for filming a federal building from a public sidewalk.

a St. Louis Dispatch photographer was arrested trying to capture the melee during a demonstration at a town hall meeting.

Massachusetts, police proved they dont even respect correction officers when they severely beat one after he attempted to film them during a traffic investigation.

Arizona, Sheriff Joe Arpaios deputies harassed videographers three times in two weeks.

Texas, police claimed it was illegal to photograph the Houston Metro Light Rail.

A Chicago House of Blues security guard was arrested after assaulting a woman who photographed him and snatching the camera away from her in an incident caught on video.

A student journalist was arrested in Mississippi for photographing a fight on campus.

And after months of people showing up to President Obamas rallies legally packing guns, a photographer was told that it was illegal to photograph the presidential limo.

award-winning videographer who had survived battles in Bosnia was arrested in a West Virginia shopping mall after photographing Santa Claus. 

A Tampa Tribune photojournalist had his cell phone confiscated after he photographed a federal agent in the wake of a traffic accident.

 In California, a man was detained after photographing a barbed wire fence and another man was told he needed a permit to photograph his own family.


*Phoenix police memo encourages harassment of photographers*



> The Phoenix New Times posted the memo on its website on Tuesday:_This memorandum is to address the concerns of citizens taking photographs while on Central Station Property._
> _Citizens are allowed to take photographs while on Central Station Property. However, we need to remain diligent with our duties and contact them to obtain as much information as possible, without giving the impression we are interrogating them. Take the information and log it on your daily log with the reason they are taking photos. If they are acting suspicious complete a full 36 card and place it in my box. This will let the citizens know we are paying attention to this type of activity._​The memo was written last year, which explains why Phoenix police have been accused of being heavy handed towards photographers. But this memo was restricted to personnel working at Central Station, which is the bus and light rail terminal in downtown Phoenix.
> It makes one wonder what is stated in the memo sent to personnel working the Sandra Day OConnor Federal Courthouse, which police and security guards believe is forbidden to photograph.


*Deputy threatened to arrest 12-year-old daughter for unlawful photography*



> After arresting Scott Conover for unlawful photography in Mountain City, Tennessee last June, Johnson County Sheriffs Deputy Starling McCloud threatened to arrest Conovers 12-year-old daughter with the same charge after she snapped two photos of her father getting handcuffed. As it turns out, she is a better photographer than her father because she actually managed to photograph the camera shy deputy.


*Photography is no longer a crime in New York City!*

http://carlosmiller.com/wp-content/uploads/2009/05/nypd.jpg


All comments pulled from _Carlos Miller's _ *Photography is Not a Crime* blog. Mr. Miller has been involved in a long standing dispute with the Miami-Dade police over his own photographic work, and has recently won his case against them. Most links will lead to his own blogs, which contain numerous links to other media sources to allow the reader a less biased view than if they only read the Miller blog. I strongly suggest reading all links and researching on your own.


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## Hollywood1340 (Jan 10, 2010)

Gotta fight for your right.


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## Carol (Jan 10, 2010)

Personally, I am glad the state of NH is taking a stand against that whack job that is just exploiting hikers.


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## Bob Hubbard (Jan 10, 2010)

I understand the commercial use permit requirements, but I object to the fact that because I have a DSLR I need to order in advance a $50-100 permit to photograph at national parks. No permit for a pocket camera.


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## Bill Mattocks (Jan 10, 2010)

I hate to break this to you, Bob, but Texas has the most onerous state laws prohibiting photography of any state in the US.


http://law.onecle.com/texas/penal/21.15.00.html



> § 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING.  (a)
> In this section, "promote" has the meaning assigned by Section
> 43.21.
> (b)  A person commits an offense if the person:
> ...


This 'Improper Photography' law in Texas has been used in ways we'd probably cheer - such as prosecuting freaks that put video cameras in dressing rooms and so on.  However, it has also been used to arrest photographers who took photos that would otherwise be legal - for example, one guy who took photos of CLOTHED juvenile girls at a high school football game.

http://nl.newsbank.com/nl-search/we...page=10&p_sort=YMD_date:D&s_trackval=GooglePM


> *Bleacher cameraman's arrest puts focus on voyeurism law*
> November 14, 2005  A Section Page 01A (1009 Words)     	  *Vianna Davila EXPRESS-NEWS STAFF WRITER  *  San Antonio Express-News (TX)
> In a flash, a snapshot at a high school football game developed into evidence. Robert Earl Thompson III was arrested last month while snapping what police say were inappropriate photos of young women at a high school football game between Marshall and Taft. According to police, the images -- captured through the eye of a 300 mm telephoto lens -- were taken without permission and intended to stir sexual desire.



How would you like to find out that if you take a photo in public, a photo that would otherwise be completely and totally legal, but some police officer decided that your photo was 'intended to stir sexual desire' and you were arrested?

In 2006, Austin Texas reported they were making about 20 arrests per month for Improper Photography.  Most arrests?  College students at parties taking drunken cell phone photos of their equally drunken companions in various states of undress.  All adults, all consenting, but now they are felons - Improper Photography is a TWO YEAR FELONY in Texas.

It's a tough law to challenge, because a lot of the people prosecuted under it are indeed the kind of people we would want arrested and prosecuted - kiddie stuff, video cameras in locker rooms, upskirts, all that kind of icky stuff.  But the law is just too broad - innocent people have been arrested and had their lives completely destroyed by this - even those who have had the charges dropped have lost their jobs, had to take bankruptcy to pay insane legal bills, and lost their families.

I can't seem to find the link right at the moment, but there was one elderly couple arrested in Texas and prosecuted for 'naked' photos of their 3 year old grandchild playing in a kiddie pool at their home.  They had legal custody of the child and were raising several of their grandchildren - not only where they arrested, but they lost legal custody of their grandchildren.  When the charges were dropped due to public outrage, they still had to sue the state to get their grandchildren back, and it cost them their entire retirement savings.

Texas.  Don't get me started.  As a photographer, I would not set foot in that state ever again if I live to be a hundred years old.


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## Bob Hubbard (Jan 10, 2010)

Well, looks like I'm going to be stuck in NY for a few more years, so they have time to fix em.


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## Bill Mattocks (Jan 10, 2010)

Bob Hubbard said:


> Well, looks like I'm going to be stuck in NY for a few more years, so they have time to fix em.



Well, I'm sorry to hear that...

Good luck with getting Texas to become slightly more sane.


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## Archangel M (Jan 10, 2010)

_Since Im an American Cop I'll repost what I placed on the UK thread:_

If I catch some guy taking photos of the underside of a bridge or Airport flight activity I'm checking him out whether some blogger or (forgive me Bob) internet posters like it or not. 

If I just drive by and then the unthinkable happens, then I'm the one who has to live with the lives on my shoulders. Then will come the second guessing, and the why I didn't "do something" accusations by the exact same people who would crucify me for "trampling photographers rights".

That's a separate issue from seeing terrorism behind everything. Like some guy taking pictures of Choo-choo trains being taken down at gunpoint, having his property taken and photos deleted by cops who don't know how to use common sense. But there is more to this than Mr. Miller likes to admit.


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## Bruno@MT (Jan 11, 2010)

Archangel M said:


> If I just drive by and then the unthinkable happens, then I'm the one who has to live with the lives on my shoulders. Then will come the second guessing, and the why I didn't "do something" accusations by the exact same people who would crucify me for "trampling photographers rights".



The problem with that line of reasoning is that it doesn't ever end.


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## Archangel M (Jan 11, 2010)

Bruno@MT said:


> The problem with that line of reasoning is that it doesn't ever end.


 
Looking for suspicious activity?

It shouldn't.


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## Bob Hubbard (Jan 25, 2010)

*eBay security guard says no photos from  public sidewalk*


*Federal officers twice fail at  intimidating photographer (videos)*


*Journalists detained and  threatened with arrest at Orlando airport*


*Chicago Transit Authority urges  commuters to report photographers*


*Police increasingly use  false wiretapping charges to prevent video recordings*


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## Bob Hubbard (Jan 25, 2010)

*NYPD Violates  Operations Order and Agreement with ACLU &#8211; Threatens Photographer*



> Officer Pryce of the New York City Police Department is trying to  enforce non-existant law. There is NO LAW against taking pictures of  unattended ATM&#8217;s from public property. Similarly there are NO LAWS that  prohibit the photography of people because of their religion. In fact  people do not even have a civil case against the publication of their  picture based on religious grounds according to the New York Court  ruling in Nussenzweig  v. DiCorcia.


*Ebay Tries to Stop Photographer from Taking Pix  of HQ*



> In spite of the fact that federal law (17 USC 120(a)) specifically  permits photography of any architecture from public streets and  sidewalks, it appears that eBay has instructed its security guards to  try to stop photographers from exercising those rights.



*  Chicago Transit Authority Declares Open War Against Photographers and  Railfans *




> The Chicago Transit Authority has declared war against both  photographers and railfans. In an ad which can be seen  here, the authority equates photography with terrorism and enlists  the public&#8217;s help in reporting photographers. The CTA rules specifically  permit photography, therefore this ad and its implications are an  outrage, both to photographers and the railroad enthusiasts that will  continue to be harassed and abused by the authorities in Chicago.


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## Ken Morgan (Jan 25, 2010)

"In any war, the first casualty is common sense, and the second is free and open discussion

James Reston


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## Bob Hubbard (Jan 25, 2010)

*NYC Cop Harasses Photog, Claims  &#8220;Frozen Zone&#8221;*
Published December  18, 2009 


> Apparently the sidewalks around the UN headquarters in New York are a  &#8220;frozen zone.&#8221; This is yet another fine example of police officers  overreaching to justify trying to prohibit a legal activity. And their  tool of choice? The &#8220;Patriot Act&#8221; of course. Hey, didn&#8217;t that became  irrelevant along with its enabler anyway?


*

Now Easier to Sue for Paparazzi Pics*
Published January  1, 2010 


> An amendment to an anti-paparazzi  law went into effect today in California that allows celebrities and _others_  to sue media outlets for publishing photos of them that were taken  illegally. As the LA Times reports,  it:_Allows celebrities and others to sue for up to  $50,000 when someone takes and sells their pictures without permission  while they are engaging in &#8220;personal or familial activity,&#8221; such as  taking their children to school._​


*

Much Respect to this LAPD Officer*


> The public has a legal right to observe and photograph police and  firemen working on public streets as long as they do not interfere with  them, and in no way was I interfering with this detainment since other  members of the public were walking between the officers and myself.





> Much respect to the LAPD officer involved in this incident for the way  he handled himself. His professionalism and respect for photographers&#8217;  rights and the public&#8217;s right to observe police activity should be the  standard for all officers, including the Los Angeles Fire Department.



*Texas Cop Bullies Reporter&#8230;*


> Published January  24, 2010
> and then acts like a spoiled child who didn&#8217;t get his way.


[yt]zPYW_8ehD1Y[/yt]

*Photos of Muslims Equals Assault in NYC?*


> Published January  24, 2010
> 
> 
> 
> ...


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## Bob Hubbard (Jan 28, 2010)

*Banana Republic manager  harasses photog for taking pics outside store*



> _*Store manager: *Sir, you cant take  photographs. (Louder) YOU CANT TAKE PHOTOGRAPHS_
> _*GothamGuy:* Or I can.
> *
> Store manager: * It is against our store policy to take  photographs in the store._
> ...


Outside is the new Inside.


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## MA-Caver (Jan 31, 2010)

I am worried about this as well... but found this pic that might help the protest ... (not poking fun at the thread or the subject ... but thought it might be appreciated ... :asian: )


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## Bob Hubbard (Feb 10, 2010)

*NY photographer wins $30,000 in wrongful arrest  case*


*Ca. judge files  restraining order against family who photographed neighbors*


*Why the video mode in the new digital SLRs  is so important*


*US Marines seize camera from Haitian journalist*


*Virginia man fights  speedtrap with camera and website; irks local news station*


*Broward sheriff furious at release of  surveillance video*


*Photographer receives  apology after armed guards harass him for shooting video*


*Miami Beach police  accused of wrongly arresting gay men (and photographers)*


*Virginia police file  report on woman photographing flag at federal building*


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## chaos1551 (Feb 11, 2010)

Ken Morgan said:


> "In any war, the first casualty is common sense, and the second is free and open discussion
> 
> James Reston


 
"Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." - Ben Franklin

Unfortuntely, though our American judicial branch sees alledged criminals as innocent until proven guilty, it is the unspoken job of the executive branch to assume guilt until innocence is shown.  

Now, from Mr. Miller I'd like to see some articles of when an officer stopped a photographer and asked him what he was taking pictures of and why only to accept the answer and move on his/her way.  What?  Those articles don't exist?  I guess they just don't get high ratings in the news...


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## Bob Hubbard (Feb 11, 2010)

Miller's posted a few of those articles. I've also seen similar on other sites.

My direct encounters with law enforcement have been favorable and I tend to shoot in areas they are near by. However, I have dealt with some people in uniform who don't understand that they are bound by the law, or who misunderstand the law. Overall though, I've found my local law enforcement to be pretty decent folks.


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## Bob Hubbard (Feb 14, 2010)

*Olympic security guards create  imaginary rules regarding photography*


*Assault against New Mexico news  videographer caught on video*


*Texas cop arrested for &#8220;improper photography&#8221;*


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## Ken Morgan (Feb 14, 2010)

Bob Hubbard said:


> *Olympic security guards create imaginary rules regarding photography*
> 
> 
> *Assault against New Mexico news videographer caught on video*
> ...


 
Dumb, dumber, dumbest....


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## Bob Hubbard (Feb 14, 2010)

Yep.  Now, I know some folks have issues with Carlos Miller, but in most of the links he links to news stories and other less controversial sources.  I figure, follow the links for the full story rather than me posting 10 on the same single matter.


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## Bob Hubbard (Mar 4, 2010)

*South Carolina man attacks news videographer*

*Are you required to produce ID if a cop demands  it?*

*Bank of America security guard gets  schooled in American law*

*Lafayette cops threaten to  seize iPhone after questionable arrests*

*Security  firm refuses to release report of excessive force incident caught on  video*

*Illinois photographer frisked after  photographing smokestacks*

*Celebrity photogs detained and manhandled  by security guards*

*Las Vegas security guards harass woman  for taking photos*

*NJ mayor  orders journalists out of public meeting while allowing other journalist  to stay*


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## Bob Hubbard (Jun 8, 2010)

March Stories



*NYC dishes out an  additional $40,000 for wrongful arrest of videographers*
*NYC to dish out $98,000 in Critical  Mass melee caught on video*
*NYPD leaving a horrible  impression on foreign and student photographers*
*Crayon-weilding cops harass photographer in  Washington*
*Another citizen complains about Miami Beach police*
*Secret Service agents threaten to confiscate  cameras*
*Do we need a  federal civil rights law that specificially protects photographers?*
*Thomas Hawk comes to Miami; gets  harassed for taking photos*
*NJ radio journalist threatened with arrest  for filming cop*
*Trial begins for New  Orleans police officers accused of arresting photographers*
*Baton Rouge cops go rogue during St.  Patricks Day parade*
*Vermont photog banned from mall  because of photos he took outside mall*
*Airline passenger told  inflight videochat is illegal because of terrorism*
*AMC Theatres employee snatches  phone from woman who photographed logo*
*Security guards harass cyclist  for photographing trees outside prison*
*Assaulted and arrested  celebrity photographers strike back with lawsuit*
*El Paso cop orders news  manager to stop filming for integrity of the victim*
*NJ transit guard: This  is private property. This belongs to the state.*
*Student journalist arrested at  University of Wisconsin during protest*
*NJ mayor  orders journalists out of public meeting while allowing other journalist  to stay*
*Man sues to protect his right to flip off cops*


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## Bob Hubbard (Jun 8, 2010)

April Stories



*Clueless federal  security guards threaten to confiscate camera in Philadelphia*
*NYPD cop guilty in  body-checking Critical Mass incident caught on video*
*Arizona immigration protesters  assault and intimidate videographer*
*Ft. Lauderdale cop arrests man for  asking for his badge number*
*Detroit cop caught napping in photo*
*OSU cops handcuff, detain student  for photographing loose cows*
*And the lies continue to mount in  the Maryland police beating case*
*Man arrested for videotaping  on federal property sues Homeland Security*
*Seattle cyber sleuth proves cops to be liars*
*Cops attorney grasping for straws in  bike-shoving trial*
*Aspiring cop beat up by cops in a  wrongful arrest caught on video*
*Is Amtrak reneging on its revised photo policy?*
*Police chase away journalists from Lafayette  Park in DC*
*Police raid  university newspaper in Virginia and confiscate almost 1,000 photos*
*California journalist fighting  to get his memory cards back from police*
*San Francisco cop with pattern of  abuse at center of settlement*
*Suburban Chicago cop facing  felony charges after beating a man on video*
*The Associated Press  discovers latest trend of police brutality caught on video*
*Motorcyclist jailed for 26 hours  for videotaping gun-wielding cop*
*Man wins $5,000 after he was cited for  flipping off cop*
*Two cops suspended in Maryland  beating incident; FBI investigating*
*Maine teens assault man after he  photographs them jaywalking*
*Disney security  guards harass and threaten photographer before photographing him*
*Another video exposes another cover-up of  police brutality*
*Mass. man charged with  illegal wiretapping for videotaping cops on public road*
*If you get too close to me with that camera, Ill take it out  of your hand and ram it down your throat*
*Man who filmed  plainclothes cop pulling gun on him now threatened with prison*
*Chicago most heavily watched city in the country*
*Video of photogs invading Miami Marine Stadium*
*Ten rules for dealing with police (videos)*
*Topless women enraged that men  would photograph them in public*
*So why is photography banned  outside the Pentagon Metro Station in DC?*


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## Bob Hubbard (Jun 8, 2010)

May stories



*LAPD kicks cyclist before pouncing on  videographer*
*Police tried their best to intimidate  me last night (video)*
*Mass. activist  confronts, documents and reports cop parked in handicapped spot*
*Detroit mayor bans reality show from  shooting police raids*
*BP CEO barks orders to the media*
*Welcome to America: Now step inside the jail cell*
*Police continue  to use wiretapping laws to crack down on people recording them*
*Mississippi governor quashes rights of  photojournalist*
*New York videographer takes on cops  with wit, sarcasm and attitude*
*Another officer convicted from evidence  obtained from video*
*CBS reporters allow  themselves to be intimidated by BP and Coast Guard officials*
*Earn  $100 for filming cops*
*Mystery video  supposedly will prove Detroit cops lied about shooting girl during raid*
*Penn. activist  facing 8 years in prison after videotaping officers outside courthouse*
*Tenn. lawmakers try to bar  reporter from chamber for taking photo*
*New Jersey man arrested  for videotaping police officers on a public street*
*Activist  arrested for videotaping federal guards outside Pennsyvlania courthouse*
*LA photographer cleared of felony  charges in graffiti case*
*News videographer at  center of media battle after shooting video of abusive cops*
*Student  photographer still fighting for his rights in cop cow-chasing incident*
*Attorney blogger told he  is not allowed to shoot video in front of courthouse*
*Los Angeles  photographer facing year in jail for photographing graffiti artists*
*Photog wrongly arrested  for trespassing during power plant demonstration*
*Charges dropped against man  who was assaulted, arrested for videotaping*


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## Bob Hubbard (Jun 8, 2010)

*Standard Disclaimer:*
I'm snagging stories from a blog written by someone who has had several unfavorable run ins with Miami FL cops. Some of the comments on his blog are very hostile towards LEO's. I *do not* endorse nor agree with the commentary there.  I suggest that where links to -reliable- news sources exist that those reading examine those and make their own minds up as to what's really going on.  I'm dropping these in here so as to not clutter the Study with a thousand "bad cop" type stories. If any are of any interest to discuss, please use these links as starting points to create new threads.

Thanks.


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