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Sunday, January 4, 2009
December 21, 2008 Penn Station, New York - Photographer Duane Kerzic was arrested by Amtrak Police for making a photograph on the platform and failing to follow a Police Officer's direction to erase the captured image. Mr. Kerzic was detained (handcuffed) and issued a Criminal Court Summons for Criminal Trespass. According to Wikipedia, the Amtrak Police are a railroad police agency that acts as the security and law enforcement agency of Amtrak, a passenger train system in the United States. Amtrak Police have full police officer powers in the State of New York. As a result of the attack on the World Trade Center, bans on photograph in public places such as bridges, tunnels, airports and train stations are all too common.
While crossing the Triboro-RFK Bridge this past weekend while headed up to Harriman State Park, I spotted the "No Photography Allowed" signage while entering the on-ramp at Hoyt Avenue in Queens. This brought back memories from the summer of 2004 when I was photographing a spectacular sunset in Astoria Park, with the Triboro Bridge framing the City skyline. As I was making some pretty nice exposures, I was approached by a TBTA (Bridge) Officer questioning my activities. It was a bit unnerving since she kept her hand on her weapon as she approached. Since I had numerous dealings with law enforcement (on the right side of things), I quickly and politely advised the officer that I was not a threat and merely photographing the sunset. My approach must have put here at ease since she relaxed her stance and advised me of the ban on bridge photography.
In my discussion with the officer, I told her I thought the ban only applied while traveling on the bridge. She replied that it was prohibited to photograph the bridge from the immediate area surrounding the bridge. I told here it would be pretty difficult to photograph a skyline of Manhattan without a bridge somewhere in the frame. She agreed and ended with "I don't make the rules."
The MTA in 2005 proposed a ban on photography in the subways and buses, which was strongly apposed by the National Press Photographers Association (NPPA.ORG) and numerous other groups. The MTA Board quickly dropped the measure when the opposition was joined by the NYPD and Mayor Bloomberg.
Is there a "War on Photography?" There's even a blog dedicated to the subject. Attorney Bert P. Krages II has published a pamphlet titled "The Photographer's Right - Your Rights and Remedies When Stopped or Confronted for Photography." In the pamphlet he states, there are not many legal restrictions on what can be photographed in the public view. He notes that neither the Patriot Act nor the Homeland Security Act have any provisions that restrict photography.
What should you do if you're confronted? First and foremost, do not become hostile. Remain calm and advise the officer that you were unaware of any photography ban. Do not continue photographing and ask if you a free to leave. As Attorney Krages points out, and I can attest to, most confrontations can be defused by being courteous and respectful. Use good judgement and don't allow an event to escalate into violence. Make sure to print out a few copies and keep them in you camera bag in case you are ever confronted over photography.
Let me know what you think and leave a comment.
4 comments:
That sign on the R.F. Kennedy Bridge (they just changed the name of the Tri-boro) has been there way before 9/11/01. I remember it from working the area. It's intent is so persons driving on the bridge don't stop to take a picture (yes, they need to state the obvious). I'm sure if one was to look at the "law" the TBTA officer referenced it wouldn't say the whole bridge, if there is a law at all.
I have dealt with this in my professional life at airports and while there are signs saying "taking photos prohibited", it really isn't. The PANYNJ doesn't have a law nor does the TSA a regulation for checkpoints. The only concern the TSA has is if a photo is taken of the monitor screens of the equipment. This is the only security concern.
Persons have become paranoid because of media accounts of suspected terrorist taping bridges and tunnels. Photographers who's hobby is to shoot planes have been often stopped because of the "concern" and have been told it is illegal to photograph planes which obviously it is not.
Where photography may be considered illegal is if you are trespassing to do so.
When approached by an officer be courteous, and always offer your identification. Just take into account that if the officer is answering a radio run, it came over as "A Suspicious male/female taking pictures of the bridge."
I agree RMpatrol. The most important take-away here is the need to show respect for the position and courtesy to the officer. This will usually defuse the situation.
Great Site!!!
I also had a slight problem with a member of NYPD while on the subway, but I kept my head and all ended well.
Let me know when the next photo walk takes place.
tincat4@gmail.com
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