Amateur Photographer Sues City, Gets $30K

About a year ago, off-duty MTA worker Robert Taylor was handcuffed and locked in a holding cell after photographing an incoming train at the Freeman Street station in the Bronx. An officer allegedly told him photography isn't allowed, even though what he was doing was perfectly legal (MTA rules read, "Photography, filming or video recording in any facility or conveyance is permitted"). He refused to delete the photos he took, and was consequently charged with unauthorized photography, unreasonable voice/disorderly conduct and impeding traffic.

Robert says "I wasn't being a jerk, but I was standing firm. I didn't curse at them or anything. I just said 'Well these are what the rules say.' If anything he was being unreasonable to me. He put his hands on me and he shoves me." On SubChat this week he posted a note stating, "sometimes you have to stand your ground, and if you don't, it opens up the doors for them to do whatever they want to you."

The summonses were dismissed and the NYPD eventually admitted their error, but Robert decided to hire a lawyer and sue the city. This resulted in a settlement which got him (and cost taxpayers) $30,000. Robert told Fox 5 News, "It would be nice if it came out of those cops' paychecks; it's unfortunate the taxpayer has to pay for cops who can't follow rules or comprehend rules. It's unfortunate the taxpayer has to suffer." If you think the NYPD has learned their lesson from this settlement, take into account that Robert's incident happened right after they settled another similar case for $31,000! (And another one for $15,000.)

Perhaps they should reissue that memo... or put up signs underground stating the rules of photography. Interestingly enough, when Fox 5 was filming their story with Robert in the subway system, a transit cop came over and put his hand on the camera lens saying photography and video weren't permitted!

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By Jen Carlson in News on February 10, 2010 3:55 PM

Comments [rss]

Splicer

It's perfectly reasonable that the taxpayer has to provide the funds for police stupidity. Perhaps the taxpayer will pressure the City Council to force police to behave in a human fashion.

Theodore Wirth

Way to go Robert!

The fascists will keep pushing us further and further unless we take a stand.

That's What She Said

Oh? You can't arrest someone for doing nothing wrong? Who knew? Sorry...

We should take that cop out on a public square for a good public kick in the nuts, and a tar and feathering.

Oh? You can't punish cops without trial, and using illegal means? Who knew? Sorry...

Wza

Good ol' NYPD.

Never fails with the disorderly conduct either.

ItchyGoiter

I love how he says "it's too bad the taxpayers have to pay for this" and then takes the $30k anyway.

Jon P

It's a catch 22, isn't it? If you don't sue, arrogant cops would just keep getting away with it... Sue and hopefully one of these days, the NYPD learns their lesson. Problem is - they've paid out millions in many cases, incorporated sensitivity training, and some in the NYPD still don't learn.

JacqueMehoff

at least he's thinking about what he's doing to the taxpayers, you think the cops care?????

Thinky Think

Damn! Everyone seems to be sueing the city and getting awards. NY city when whilt thou offend me so I took can sue?

Gothamist_Cynic

Damn I wish I got arrested taking photos of train so I can pay off my student loans.

sharpshoota

Nice. He should get 100k.

snickerdoodle

Is there a way to find out how much rogue and bad cops cost taxpayers every year?

I'd like some enterprising reporter to publish the results. Then maybe people will become outraged enough and demand that something be done to reign in and re-train these power-tripping egomaniacs.

just saying

http://gothamist.com/2009/03/12/nypd_paid_35_million_to_settle_laws.php

JacqueMehoff

more like the cops just don't care, like it's going to come out of their paycheck????

you know for people who whine so much about their job, they sure do love the benefits. it's time they walk the walk.

Spirit of 76

The cops will never learn. I'm serious. It doesn't have any impact their budget at all, so there's no incentive to stop hassling people, which is how they get their jollies. So they get a little bad press. Like they care. I tried to take a picture of the side of the Brooklyn Bridge anchorage, but it was a little too close to an NYPD parking lot, so the cops goldbricking in the guard booth shooed me away. What the hell is so secret and sensitive about a parking lot?

Rocknrope

Note to self: Bring camera everywhere with you and take pics when you see a cop.

Jen S

I smell supplemental income!

Sinchy

Clearly the issue for those cops wasn't the law or public safety or justice but simply arrogance and a bully mentality. They simply didn't like being told that they were wrong. Either that or they saw a black guy and wanted some pretext to arrest him.

Spirit of 76

That definitely seems to be the case. Watch the report and you hear things like a cop supposedly saying, "If you had kept your mouth shut, this wouldn't have happened," and a sergeant saying, "Don't tell me how to do my job!" Maybe if you knew how the hell to do your job properly, nobody would have to tell you.

infomofo

They gotta fill a quota. Traffic violations are easy, and they figure most guys will be spineless and just respect their authorita.

Good on this guy for calling them out on it and sticking to his ground.

JacqueMehoff

I see YouTube videos of trains all the time, same with videos of planes taking off and landing.

even the fed brown cops around Federal plaza has lightened up on photographers in the area. (mostly tourists)

adpwnage

This is getting rusty it's so full of iron-y. Yeah I win worst joke ever!

HOTCUP

that's pretty crazy that "Photography, filming or video recording in any facility" is specifically allowed.

gawzmta

Why is that crazy?

jaycjay

Hotcup's point is probably that it's unusual to have rules specifically allowing an activity instead of specifying what's not allowed. But the way the specific rule is written makes it clear that it's intended to ban "ancillary equipment" like lights. It mentions what is allowed in passing, to set up the mention of what is not.

"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."

If nothing related to photography were banned, there'd probably just be no mention of photography.

Kevin Walsh

Good on him.

Cops seem to barely tolerate photographers; cops are trained to look out for aberrant behavior, and many can't fathom why people take pictures of trains.

www.forgotten-ny.com

harrisgraber

You're quite right. Still, they could receive a little training to correct the situation. Perhaps if they were fined for falsely detaining innocent citizens it would have an impact.