Taking Pictures and busted?

[Mark D]

I've never been busted for taking pictures of trains, or anything else for that matter. But I am well aware of the issue of people being harrassed for taking pictures when in a truly public place and not in any sort of unsafe situation.
Well the other day I ran across a Popular Mechanics magazine. Heck, I didn't know that thing was still in publication, but I guess it is.
Anyway, there was some stuff on the cover that caught my eye, so I looked inside at that stuff. In the course of things, I ran across a more interesting article. It is about the same topic that consumes a lot of railfan forum space, but from a slightly different perspective. It turns out that the problem with being busted for taking pictures isn't limited to railfans by any means.
The first page shows a cool rendition of a "checkpoint" in New York City. There is this big wall, everything in dark shadows, of course. there is a sign that says, "42nd Street Checkpoint" above an opening in the wall. Outside of that opening, on the side you are looking from, there is a barrel where you dispose of your camera before entering the gated city. There is an armed officer in full military gear at the door beckoning to a young family to come ahead past the line that warns, "DO NOT CROSS." Another sign says, "Enjoy New York."
I love it!
The sub title says it all... "Too many officials think taking photo's is a crime. Here's why they're wrong,"

The best part of the article is in the first paragraph. It says, " Here's how bad it has gotten: Not long ago, an Amtrak representative did an interview with local TV station Fox 5 in Washington D.C.'s Union Station to explain that you don't need a permit to take pictures there -- only to be approached by a security guard who ordered them to stop filming without a permit."

It tells of a NASA employee who was stopped for photographing an art exhibit near the Indianapolis City-County building and told that "Homeland Security" forbade photo's of the facility.

It tells more than interesting anecdotes, though. The article explains in detail why those who try to stop you from taking photo's are wrong, and what you can do about it. It is not a long article, but I think it tells the story better than the articles I've read in TRAINS magazine.
The author, Glenn H. Reynolds, is a law proffesor at University of Tennesee.
This is in the August, 2010 edition if anyone is interested. Another interesting article in there deals in reasonable depth with the border control situation in the Southwest. Interesting read also.
Mark D.

[Charles T. McCullough]

Thanks Mark, I'll be out today to get a copy of that magazine. Not only to read the photography related article and the border control, but mainly to see if I can figure out what either of those subjects has to do with "Mechanics". hee hee hee.

[Q4960]

Interesting topic, often discussed. Below are some links that deal with the topic:

http://www.webpagehandyman.com/mike/Pho ... ights.html
http://www.railfanreading.com/Rights/Rights.htm
http://www.krages.com/phoright.htm

The last one is from an attorney which has a PDF sheet with photographer's rights, easy to fold and keep in a camera bag, etc.

[Mark D]

The big problem, of course, is what to do when you're out there taking pictures in a perfectly legal manner and a cop comes along and doesn't just tell you to stop, which you should do rather than argue, but he might, as has happened to some, tell you to delete your photo's.
I would refuse to do so. But refusing risks being put in the back of the cop car, hauled off to the local jail where you will be fingerprinted, etc. before they figure out that they're in the wrong. At that point, I would be thinking I'd have been better off just doing as the cop said and argue another day.
Just my take on things.

Mark D.

[Q4960]

When I was in Arkansas several years ago the Chief of Police of the Arkansas & Missouri Railroad issued me an ID card with his information on the back in case I was stopped by anyone in their territory. This was because I was taking photos of their operations subsequently offering the line to use these photos for their own use which has included three of their annual fliers/timetable, several calendars, etc. I was also told that I was the only railfan allowed on the property. I still needed to let them know when I was planning to come, etc. One thing that they required was for me to wear a safety vest when out shooting photos. I have since worn my safety vest whenever shooting rail photos and have never been questioned. If stopped, I would explain the hobby, would also show the A&M ID with the suggestion that they call their chief of police verifying who I was and my interest. For what it's worth.

[Mark D]

Roger, that ID card is a great tool to have. On other railroads, you might run into a problem some day, but maybe that vest helps you out. I suspect that as with most things, though some people are harrassed by enforcement for taking pictures, the vast majority walks away with great photo's and no problems.
Mark D.