War on Photography - American Front

[Bob Hubbard]

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.

 

[Hollywood1340]

Gotta fight for your right.

 

[Carol]

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

 

[Bob Hubbard]

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.

 

[Bill Mattocks]

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:
(1) photographs or by videotape or other electronic
means visually records another:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual
desire of any person; or
(2) knowing the character and content of the
photograph or recording, promotes a photograph or visual recording
described by Subdivision (1).
(c) An offense under this section is a state jail felony.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.

Added by Acts 2001, 77th Leg., ch. 458, § 1, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 500, § 1, eff. Sept. 1,
2003.

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.

 

[Bob Hubbard]

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

 

[Bill Mattocks]

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.

 

[Archangel M]

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.

 

[Bruno@MT]

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.

 

[Archangel M]

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

Looking for suspicious activity?

It shouldn't.

 

[Bob Hubbard]

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

 

[Bob Hubbard]

NYPD Violates Operations Order and Agreement with ACLU – 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’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’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.

 

[Ken Morgan]

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

James Reston

 

[Bob Hubbard]

NYC Cop Harasses Photog, Claims “Frozen Zone”
Published December 18, 2009

Apparently the sidewalks around the UN headquarters in New York are a “frozen zone.” This is yet another fine example of police officers overreaching to justify trying to prohibit a legal activity. And their tool of choice? The “Patriot Act” of course. Hey, didn’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 “personal or familial activity,” 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’ rights and the public’s right to observe police activity should be the standard for all officers, including the Los Angeles Fire Department.

Texas Cop Bullies Reporter…

Published January 24, 2010
and then acts like a spoiled child who didn’t get his way.

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Photos of Muslims Equals Assault in NYC?

Published January 24, 2010

Photo by lucky dog​

NPRO member, lucky dog, uploaded the above photo to flickr after NYPD unlawfully forced him to delete photographs that he took of a muslim man who was servicing an ATM machine that was located on a public street.​

Although, lucky dog never committed any crime and was assaulted by one of the ATM technicians, Officer Pryce of New York’s 7th Precinct lectured lucky dog, made up fictitious “policies” regarding photographing banks and ATM machines, and threatened to arrest him (for assault nonetheless) if he didn’t delete the photos he took of the muslim man. Unfortunately, and like many people in these types of situations involving police and the threat of an unlawful arrest, lucky dog complied with Pryce’s illegal demands.​

 

[Bob Hubbard]

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.
GothamGuy: I’m not in the store. I’m on the sidewalk.
Store manager: Well, it’s our policy that you can’t take photographs in our store.
GothamGuy: Again, I’m not in your store. I’m on the side walk. Tell you what. I’ll stop taking photographs because it’s actually not that interesting. But you should go in your store and google photographers rights. Have a good day!
​

Outside is the new Inside.

 

[MA-Caver]

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: )

 

[Bob Hubbard]

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

 

[chaos1551]

"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...

 

[Bob Hubbard]

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.

 

[Bob Hubbard]

Olympic security guards create imaginary rules regarding photography


Assault against New Mexico news videographer caught on video


Texas cop arrested for “improper photography”