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Remember back when the MTA floated the idea of banning all photography on Subways and Busses? And then when the overwhelming opposition to that idea forced the MTA to drop it? (See above photo)
You do remember that? Funny, so do we. It was awhile ago too! So you were probably as surprised as we to learn that some Police officers are still enforcing the non-existant MTA ban on photography.
"We're very concerned that police officers, without any legal authority, are telling people they cannot videotape, they cannot photograph,” Christopher Dunn of the NYCLU told NY1. “And people, because they respect the police, or they fear the police, are complying with that, even though that's a completely unlawful order."
So, let's review: If you want to take a picture on MTA property, you can. There is no rule that say you can't. And if a cop stops you for doing so, you should remind them of this fact. If that doesn't help you can always contact the NYCLU.
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This same BS has happened to me several times in the past few months - not just from the police, but also from MTA work crews. I've never been served a summons, but there have been hassles and my friends have worried that I'd be arrested for picking the wrong battles with my civil liberties. In all truth, I could be arrested for this (wrongly), and even though no charges or penalty would stick, I'm not particularly keen on spending the night in lockup just because someone has false information about how to do their job.
While I respect the need for police and workers to enforce approved rules, I strongly believe that certain individuals in a position of authority need to be better informed about the rules they're supposed to enforce - in particular, which rules are real and which rules are not. I hope that the NYCLU convinces the NYPD and MTA to at least send department memos to police and workers about this issue - that would be a generally effective solution.
Cops not know the law, who would of thunk it?
That's why cops are not lawyers.
Even beyond hassling law-abiding photographers, I think this is indicative of a larger issue. The MTA and the NYPD aren’t effectively communicating the rules and laws that should be enforced. So knowing our rights as photographers is especially important.
The MTA website clearly outlines their rules on photography in the subway. Section 1050.9c of the Rules of Conduct states:
Photography, filming or video recording in any facility or conveyance is permitted except that ancillary equipment such as lights, reflectors or tripods may not be used. Members of the press holding valid identification issued by the New York City Police Department are hereby authorized to use necessary ancillary equipment. All photographic activity must be conducted in accordance with the provisions of this Part.
Like Brian, I don’t especially like the idea of spending a night in lockdown, and I’ve come close. For that reason, I now keep a copy of the Rules of Conduct in my photo bag when I’m out shooting. You can find the full rules of conduct through this link: http://www.mta.nyc.ny.us/nyct/rules/rules.htm
This also has happened to many people I know, mostly tourists who are just innocently taking photos. The cops AND MTA employees are usually quite rude and threaten to take the individual's camera if they don't stop. I really hope the MTA and NYPD explain the law to their power-tripping employees.
What I love is when taking my bike on the subway having a TA employee open the gate and tell me to come in without swiping my MetroCard. This has happened more than once and a few times in front of cops. Not that I am saving any money, as I have an unlimited MetroCard.
Gee, is this the same BrianVan commenting who insisted he can take any pictures he wants last year? Quote: "I've NEVER had a problem going anywhere public, taking pictures of anything public," visible to anyone who wants to search the Gothamist forum Ain't it a bitch when what you claim couldn't happen happens to you?
Simple solution: Comply with the order but make sure you get the cop's badge number, document the situation completely, then talk to the NYCLU. Might be a nice class-action lawsuit in this.
1. Since this rule was proposed in the interim since I've made that comment (but not actually enacted), I've encountered problems. But never before. That statement is technically true.
2. In the past year, I've been more active with the camera in taking pictures in "delicate" situations than I had been in the past. Prior to my "stalkerazzi" days, I only took pictures of buildings and sculptures - inert objects that don't have a chance to argue.
3. The only bitch in my life is Captain Midnight.
1. Blah, blah, blah. "Technically true" {Google translate} "What, me admit I'm wrong? Never!"
2. Yes, I guess all those trains, tunnels and bridges really put up vigorous arguments.
3. Don't you wish. The ad hominem, first refuge of those who lack convincing points.
The ad hominem wasn't my first refuge. I had a couple of other convincing arguments. I just threw in that zinger for fun.
Settle down, sugarplum. It's okay to be a sub. Just grab your ankles and enjoy the ride.
Sorry, you're not my type. I tend to like real women, not men who squeal like them. You couldn't convince anyone which direction is down with your pathetic arguments. So you were scoffing last year when I wrote it was a slippery slope. Now you're reaping what you sowed with your "What, me worry?" attitude. I'll enjoy knowing that Brian "I can take pictures anywhere I want" Van can't, and when it all comes down to it, admitted in a public forum that Mr. Tough Guy doesn't want to go to jail. Wah, wah. What was that line from the "Boondocks" cartoon? "I don't want to be anally raped!" So you're so sure the cops have "false information about how to do their job." But get arrested so you can sue for false arrest? Not BrianVan! Never, ever stand up for your rights! You'd much rather be a stalkerazzi. Such an honorable avocation. Say it loud, say it proud!