PhotoPermit State & Local

A Simple First Amendment Win

If you haven't already read the sfist recap, yesterday's San Francisco MUNI Shoot-In was a simple and quiet success, with about two dozen people appearing, including both Steve Malik and J. Tony, who had been subject to the long strong arm of the MUNI police.

Just as it only takes a couple of bad incidents to set a harmful precedent, it only takes the quick direct action of a few challengers to correct it. It seems clear that the First Amendment won this round — MUNI security was present and watchful but never interfered with anyone's peaceful photographing in the entries, platforms, or on the MUNI trains. Special thanks should go out to Jackson West of sfist for creating and championing this event, as well as to the people who showed up to participate:

As a token of that appreciation, attendees got a little PhotoPermit.Org pin — additional thanks to Courtney for waking up early to bang them out without advance notice, even though she couldn't attend the event.

And thanks to Rebecca for the snaps on this page, memoires of her first politcal action.

A couple of sites I've seen with more pix:

• sfindymedia.org
• The comments of the sfist story contain several links as well.

(I seemed to have been the lone user of a film-based camera at this event — those photos will appear on the web some time later)

Copyrighting The Skyline, USA

Following in the trail of Paris, the tailWindy city of Chicago has decided to copyright the city's centerpiece Millenium Park. At first, city representatives were claiming that the copyrights were being enforced to protect the rights of artist Anish Kapoor but in fact that doesn't seem to be the case.

Instead, as this followup article says, city officials are actually enforcing their ban on photography in Millenium Park so they can prevent competition in selling buttons, teeshirts, and postcards, etc — commercial reference to a public space, paid for by citizen dollars (directly or indirectly, through tax breaks for SBC, which contributed), so that city-associated businesses can assign themselves licences to Kapoor's sculpture and the rest of the park and its usage. They are suppressing public usage by claiming it is in the interest of the artist, but the artist receives absolutely no money from the rights.

(Next, one supposes graffiti artists copyrighting overpasses once they've been tagged...)

See this link to lead to scans of a recent article in the Chicago Reader.

Thanks Tim Atherton for pointing out that this sort of thing is illegal in the honorary blue state of Canada:

Canadian Copyright Act

Miscellaneous

32.2 (1) It is not an infringement of copyright

...

(b) for any person to reproduce, in a painting, drawing, engraving, photograph or cinematographic work

(i) an architectural work, provided the copy is not in the nature of an architectural drawing or plan, or

(ii) a sculpture or work of artistic craftsmanship or a cast or model of a sculpture or work of artistic craftsmanship, that is permanently situated in a public place or building;

• http://laws.justice.gc.ca/en/C-42/
• http://laws.justice.gc.ca/en/C-42/39129.html#rid-39149
• http://strategis.ic.gc.ca/sc_mrksv/cipo/cp/cp_main-e.html

See you at noon at the Embarcadero!

Taking Some Direct Action in SF Tomorrow

Just a quick reminder of the shoot-in tomorrow, the 19th, at noon at the Embarcadero MUNI station. Try to attend! I will. And be sure to follow the advice given at the bottom of this SFist post, reprinted here:

• Bring ID with you in case you get arrested.
• Do not fight with the cops if they nab you. That'll just get you a resisting arrest charge. That's how people get hurt.
• In general, the correct answer to any substantive question they ask about the incident (i.e., anything beyond your name and address) is "I want a lawyer." If you can't afford a lawyer one really will be appointed to you, and the SF public defenders are really excellent.
• Don't bring anything illegal with you. They can't search you without probable cause, but if they can tell you've got something illegal on you (a gun, a needle, pot), they can book you for that. On a similar note, if they ask you if they can search your bag, say no. They can look at whatever they want if you agree to it.
• Be nice. Bite your tongue if necessary, and don't give them any more information than you have to, but be polite, nice, and respectful. Nice is not going to come back and bite you on the ass later.
• If you think something funny's going on, get badge numbers, write down the time it happened, and get a description of the cops involved as soon as possible (other people might have pictures of it, for instance).
• Worst comes to absolute worst and they take you to jail, you're guaranteed a court hearing within 48 hours. So you'll be allowed to talk to a judge no later than Tuesday morning.

(Personally, I don't think anyone will be arrested, any more than anyone was arrested in the NYC shoot-in. Then again, no one at the MTA was claiming that a ban was already in effect!)

The SFist has also posted PDFs of letters received by Photopermit visitor JTony_Arts from MUNI after he was hassled back in October — while failing to cite any specific code, they claim that on needs a permit to photograph at the station.

SFSU: SF Police Arrest PJ Student

Last Wednesday, SF police arrested photojournalism student Omar Vega, on campus as he left class. On Friday, SFSU's journalism department held a press conference on the incident, which stemmed from Vega's October coverage of an alleged burglary back in October 2004.

Vega also found himself kicked out of the dorms based on these police allegations.

SF Muni Protest, Saturday

As a response to the SF Muni "let's make up random laws" incident, the folks over at SFist have a suggestion (that link also contains more info):

What we can do is quietly and peacefully assemble at noon this Saturday, the 19th, at the Embarcadero station Muni fare gate and start taking pictures.

Simple and hopefully stress-free. One only hopes that the San Francisco Chinese New Year's Parade, nearby the same day, doesn't give the Wrong People a Wrong idea that such protesters should be casually swept away.

Personally, I tend to agree with Derek Powazek that this incident is probably not the result of any department policy but simply the result of one or two overzealous employees on a power trip — followed by some equally zealous ass-covering. Out-of-bounds arrogance by low-ranking officers does appear to be the #1 source of authority abuse reported here on PhotoPermit.

Note that although Steve Malik is a freelancer, he's also a member of NPPA, and he can get some traction from them (along with orgs like the SPJ). Mere members of the public are still left out.

SF Muni Photo "Ban"

SFist and BoingBoing are running pieces on Muni's tactics to prevent photographers from shooting around the San Francisco municipal system. Rather than bother with the troublesome bureaucratic process of changing the laws (as the MTA experience has shown), they find that there are plenty of existing laws that can be readily and egregiously abused to get whatever results they like, as freelance shooter Steve Malik (shooter.net seems overwhelmed or locked today: try this photo.net link as an alternative for more info) discovered:

After walking over to the group of Fare Inspectors and BART Police Officers, Officer Ryan returned to speak to me. He expressed his frustration at the situation and me by saying: "Would it have been so difficult for you to just stop taking photographs when these guys told you to stop? If you weren't on your soapbox, I'd be out fighting real crime rather than standing around here dealing with you." He expounded further, "Even if there is no law forbidding photography in the MUNI System, the Fare Inspectors have the right to refuse you service for any reason they choose, including taking photographs. Once they refuse you service they can swear out a citizens arrest for trespassing. I, or other officers, will book you and you'll spend the rest of your weekend in jail. It won't be for taking photographs, so your weekend would be ruined yet you'd never get a chance to argue the matter of taking photographs before a judge."

Good Guys, Bad Guys: Bay Area

StillJournal refered this one: a Thomas Hawk editorial listing a number of
Bay Area business with tolerant (or intolerant) policies regarding public photography.

A couple of related links regarding Starbucks and their apparently-open policy (or lack of a closed policy, as the case may be) and some (old) discussion on Boing Boing.

NY Photo Ban: Permits? What Permits?

The latest NY Times story on the new MTA photo ban contains perhaps a telling truth:

Mr. Kelly, the authority spokesman, noted that the ban would exempt journalists with valid press credentials. He said that photographers and documentary filmmakers would continue to have access to the subways by applying for a permit. But neither the procedure for obtaining one, nor the extent of access that would be granted, has been decided.

The story also suggests that the deadline for comments, posted widely as January 10th, may have actually been cut short, to January 8th — if this is so then it's likely that many members of the public were slyly prevented from voicing their opinions about the ban.

Last Chance to Stand Against NYC Ban

As mentioned before, Monday 10 Jan 2005 is the last chance to file your comments on the MTA ban of photography in and around New York City's public transit. This includes ferries, subways, city buses, the platforms, maybe even bus stops on the street. Even if you do not live in the tri-state area, you should still make your opinion known.

If you're not sure of your own opinion, consider this earlier PhotoPermit item.

NYC - MTA - FlashPhotoMob Event

Thanks David Goldfarb of APUG for this set of photos from the MTA event in Grand Central, which attracted "about 40 or 50" photographers — many of them, apparently, bloggers who also posted their own pics.

NY MTA PhotoBan Protest, This Friday

Scheduled for 18th December, 1 PM, at the concourse of Grand Central Station.

"Where? Why?

These are questions that will be answered later. Just remember this: Dec 18th, 1PM.

Plan on taking your camera out for a day of photography that won't ever be forgotten, with a flash mob photo session that will even make the MTA board want to be there with cameras. It'll be one of those 'only in new york' things you've been hearing about...

What exactly is going to happen?

You'll need to be there to see for yourself. Rest assured, it will be nothing dangerous or illegal, and it will be something no one will soon forget."

Additional info from these links:

• subchat
• photorights.mtude.com
• petitionspot: no transit pic ban
• Older NY Daily News story on the ban, published before the current comment period.

NYC Transit Photo Ban Moves Forward

The 45-day comment period on the proposed changes to the NYC Transit Authority code banning photography has begun, as of November 24. More details on the legislation details and info on how to make comments can be found here in the forums (thanks longislandrailfan for the reminder!)

NY Student Photo Threat

As this undated story (April '04?) relates, NYC's New York Institute of Photography was recently visited by the NY State Counter-Terrorism Task Force. Seems one of their students had been seen surreptitiously photographing...

Was it a potential terrorist target – a military installation, an airport, or a reservoir?

Was it a subject of some other security concern? Perhaps an oil refinery?

No, the answer came back, the Investigator hadn’t fully explained to the staff, but it seemed that the student was taking pictures along a highway, and the subject appeared to be the cars on that highway.

But there's more to the story than just somewhat incredulous humor.

NYI Dean, Chuck DeLaney, called the investigator back after the fact to find out what was going on. What he learned is interesting, given that it's the story of the incidednt from the point of view of the investigator, and includes some of that investigator's own "photo tips" — but "...the Investigator agreed that there was little a photographer could do to avoid coming under suspicion in these troubled times."

This second article at the NYIT site, by instructior Jim Barthman, also counsels students to be aware, but reminds them: "I can’t let the situation dictate how I lead my life."

Student Camera Siezed, Returned Days Later

According to this Student Law Center Report, police on the Southwest Missouri State University campus on October 3rd siezed the camera and memory stick of a student journalist when she offered to let them see her photos of a politcal rally, as an offer to help them apprehend a reported thief. The student journalist, Amanda Stratford, is the photo editor of the campus daily, the Standard.

Police returned Ms Stratford's camera equipment two days later, on the 5th, after being urged to do so by Springfield District Attorney Darrell Moore. The police department issued no apology for their actions.

Photographers Reported Near Downed Power Towers

Monday, a group of power transmission towers in the Milwaukee, Wisconsin area were toppled, apparently because a saboteur had removed some structural bolts. See this CNN story: Sabotage blamed for power outage.

Tonight, NPR Radio News has reported that "a group of men of Middle Eastern descent" were seen taking pictures near the towers in the hours before the collapse — albeit with a sound-bite from a local police officer saying that the story had almost zero detail, including direction of travel, number of people, etc — much less the bizarre notion that such a vague story could include the precise ethnicity of this "group of men taking pictures." More as it develops, if at all.

Updated Info in Forum

Protecting Seattle from the Irish

On the heels of the sorry Ian Spears incident, the law around Seattle has a new menace to manage: middle-aged peace-loving Irish Americans. Sherrif's deputies questioned Ari Cowan after they saw him videotaping on a ferry. While not viewing his tape, the deputies then passed info on the the FBI, saying that Cowan (an accomplished photographer and former film reviewer for PBS and the Bellevue, Washington Daily Journal-American) had videotaped sensitive material such as cars going on and off the ferry. The FBI has been following up, unknown to Cowan, for the past five months. Apparently the investigating continues.

Perhaps the FBI felt compelled to run down some facts on Mr. Cowan given his background, especially that bit about being cited alongside President Jimmy Carter for his help in publishing the first edition of The International Bill of Human Rights back in 1982. To say nothing of his book 50 Ways to Stop the Violence Now: In the World, in Our Country, in Your Workplace, in Our Schools, in Your Home, in Yourself. Or perhaps it was his 2002 keynote address at the San Diego Partners in Peace Conference: "In the Shadow of 9/11 — Rethinking the Road to Peace." Dangerous stuff, that.

Chatanooga Case Update

Thanks Jay and Mark, two Tennessee photographers arrested for street photography, for updating us (in this thread) on their case in Chatanooga.

Charges were dropped during the August 10th hearing, but their troubles are far from over — the case was also refered to a grand jury, and may be dragged out for months.

Chicago PD Unapologetic About Detention of PhotoPermit Member

PhotoPermit member Adam Davis has posted an update on his previous report about a run-in with the police at Chicago's 18th Street Station:

[The Sergeant investigating Dr. Davis's complaint] told me they routinely bring in citizens for taking photographs and that they can arrest at their discrepancy anyone who walks across their parking lot. He is wrong on both accounts as described to me both by lawyers and by an officer in Chicago PD internal affairs. He told me there is zero chance that I could see the contact sheet or information sheet...

NYC: Be Ready for the RNC

On August 12, the NYPD held a press briefing on media access to the upcoming Republican National Convention. The NYPD has briefed all of it officers on respecting freedom of the press and recognizing press credentials. NYPD has a mailing list (find the details through the link above) for informing any journalist, associated or independant, of updates and events.

A side note in the NPPA article linked above:

There are laws against taking photos at Triborough Bridge and Tunnel Authority bridges and tunnels. Those taking photos at checkpoints should approach personnel at the site, state their purpose, and show identification. In most cases, photos will be permitted so long as they are not of the entrances to the tunnels or bridges.

Those seeking to take more photos of any of the structures can call TBTA spokesman Frank Pasquale at 646-252-7417. Pasquale has a history of being very cooperative and accommodating for legitimate media. Photography at Port Authority bridges and tunnels will attract the attention of police at those facilities, so be ready to answer questions and produce identification for authorities.

The NYPD certainly seems to be asserting it will take the high road, quoting its own Patrol Guide: "Members of the service will not interfere with the video taping or photographing of incidents in public places. Intentional interference such as blocking or obstructing cameras or harassing the photographer constitutes censorship."

Photographers who wish to shoot around NYC during the RNC, be prepared, stay alert, and remember, if stopped by NYPD or other law enforcement, identify yourself and always tell the truth about what you're doing.

San Francisco PD Seeks Financial District Photographer

This one close to home (thanks Jeff Conrad) — according to the San Francisco Chronicle, the SFPD is looking for a man seen by security cameras photographing and possibly drawing the famous Transamerica Tower in downtown San Francisco, back on the 12th of August (I've taken photographs there myself, many times — but then I'm fair-haired).

The man seen making sketches outside the building is described as Middle Eastern, about 30 to 35 years old, 5 feet 5 inches to 5 feet 8 inches tall, with no facial hair. He may speak with an accent, according to the bulletin.

How did they recognize his accent from a "grainy image"?

Sikh student detained by Secret Service

Thanks to an anonymous reader in this forum thread for this Boston Globe story, dated 30 June...

A Boston College student leader who wears a turban and full beard in accord with his Sikh religion says he was detained and interrogated for seven hours Saturday night by Secret Service agents for doing nothing more than taking photographs of the campus...

The student, Sundeep Sahni, filed a 24 July hatecrime complaint with the Sikh Coalition.

1 August: Photo Protest Workshop, Ballard Locks

In support of photo student Ian Spiers and in opposition to abuse of authority by the Seattle police, there will be a peaceful protest Photo Workshop on Sunday, 1 August, 1PM-4PM, held at the Ballard Locks, where Ian was accosted by police in recent weeks. Photographers in the Seattle area should be sure to attend what is sure to be an interesting Sunday afternoon enjoying a lovely spot and making your voices heard on an important issue.

Texas Authorities Seeking Unknown Photographer

Thanks go out to a PhotoPermit guest for alerting us to this Reuters story, posted this afternoon: "Man Sought for Photographing Texas City Refineries"

Law enforcement officials said on Monday they are looking for a man seen taking pictures of two refineries in Texas City, Texas....

...While it is not illegal to take pictures of a refinery from a highway or street, officials would like to talk to the man to find out his reason for taking the photographs.

"This is based on the idea that al Qaeda does its homework," [Bruce] Clawson said. [Clawson is listed as "emergency management and homeland security director for Texas City."]