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It was Labor Day in 2009 when I became aware of just how bad things have gotten in the US. Don’t get me wrong, I don’t think I’ve been naïve. I’ve been a student of free speech and the political landscape of the US since high school, but Labor Day was the first time I have come into contact with a violation of my civil rights in a very real way.
Our office had a loaner 5D Mark II, and I took it for the weekend for a test drive. I’ve had a fascination with the Houston light rail since they started laying track, and shooting it with the 5D seemed like the thing to do. So my friend and I were standing on the platform when an angry homeless guy came up to us and starts harassing us for change. I look to my right, and there was a Metro Police Car. I waved at him hoping he would keep this guy moving who was now becoming belligerent. I’m usually not so nervous in these situations, however, I did have $3500.00 worth of camera strapped around my neck. The cop yelled out something: ”NO PICTURES OF THE TRAIN!”
Could he actually be serious? After several calls to the Houston Metro Police Department, I come to find he was. However, it seems there is no law on the books prohibiting photography of a train. Nevertheless, Homeland Security has endowed local police departments nationwide with violating the first amendment rights of would be train photographers by harassing them and/or detaining them.
When I hung up the phone, I knew for the first time, I wasn’t dealing with some rogue cop or an over zealous police captain, I was dealing with the New American Police State. The kind of police state they warned us about in speeches on Veteran’s Day when I was in elementary school.
It turns out, my experience isn’t unique in any fashion, except I might have gotten off easy. Last February in New York, Robert S. Taylor of Brooklyn was taking photos for fun in a subway station. Police saw him and cited him for unauthorized photography, even though the crime doesn’t actually exist. Taylor states that charge was dropped, however, they also charged him disorderly conduct. Ironically, Taylor works for MTA. He was off duty at the time. More recently, on the other side of the country in California, Andrew Cichowski was taking pictures Diridon train station in San José.
I was taking a picture of the barbed wire fence, I heard someone shout “TURN AROUND SLOWLY!” I said “excuse me?” confusedly, and then slowly turned around. To my surprise, two police officers were staring at me. They asked what I was “suspiciously photographing industrial stuff for…” After about 30 minutes, they realized I wasn’t some sort of strange train terrorist, but were still asking me questions. A third officer and third and fourth squad car then arrived. Eventually, they copied the entire contents of my CF card to their police laptop and two flash drives, I told them they could have a copy of the photos as long as they didn’t sell any of them. They smiled and promised not to. Aside from this being a terribly obnoxious waste of time, it was an interesting experience, and I’m now very likely on some sort of terrorist watch list for being a suspicious photographer…
Just today, someone posted the image at the top of this article which is a sign on a train in Chicago. It asks citizens to call 911 if they see any suspicious behavior, and it explicitly lists photography and video as one of those suspicious activities. So where does this leave free citizens who wish to maintain their Constitutional rights? It leaves us with the burden of asserting ourselves I’m afraid.
Sometimes, the only way to keep a right is by exercising that right. Therefore, take pictures whenever possible of everything possible, especially of trains, planes and buses. We must report any police officers, security guards or other so-called officials who attempt to infringe upon our rights to their superiors and watch dog groups such as the ACLU. Become locally active in photography groups in your area and most importantly, talk about these issues. Post your experiences online using blogs and social media. Above all, write your mayor, congressman and senators and tell them if they are incapable of stopping these attacks on our civil rights, we will elect someone who will.
The bottom line, there is now a real threat to the rights of free citizens everywhere, and no one is going to rescue you. If you want to enjoy the freedom to use your camera when and where you want, you’re going to have to fight. It’s up to you.
Other sites to check out:
http://tinyurl.com/nopicsinca
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3 Comments
While I agree that people badly need to stop begging the government to take their freedoms away every time some idiot shoves a firecracker in his pants, I’m not sure how I precisely see how this is a first amendment/Constitutional issue.
Just to be sure, I checked the first amendment again.
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”
This isn’t a religious issue, unless I’m unaware of some new photography cult that’s sprung up.
“or abridging the freedom of speech, or of the press”
Doesn’t really have to do with this issue, has more to do with your right to post this complaint without governmental censorship.
“or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances”
A.K.A. holding protests, as long as they don’t get violent.
Like I said, I agree that it’s bullshit and the government ought to get a hand-slap from the people for overreaching, but I don’t buy it as a Constitutional challenge. I’d think an angle like “freedom of information” would be more relevant.
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If I take pictures and publish them in a newspaper or magazine or if they appear on television or more recently blogs and social media, I am exercising my right to free speech and freedom of the press. Just think of the numerous cases that have challenged the First Amendment such as posting religious symbols in a public park or burning the American flag. Free speech doesn’t just include the spoken word nor does freedom of the press merely include the printed word. Considering how far the free speech issue has been pushed in the courts, I think it’s rather naive to think photography and video are not protected by the First Amendment. If the state, be it military, local police or any other government agency try to prevent a US citizen from exercising these rights, then we have a clear constitutional challenge that must be addressed by the courts. Finally, the 9th Amendment sums it all up: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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Christmas day, Main street Salt Lake City, a fed ran out of the historic post office and down a flight of stairs screaming about the macro shot I just took of the marble bald eagle statue in the sidewalk. He made me delete the photo and wanted to review every photo in my camera. He didn’t get the chance as three teenage girls snapped a shot from across the street, which sent him into a ballistic rage.
Halloween, four police cars descend onto my house and they start a search because I had snapped some trick-or-treators, _while_ their parents stood next to us. My kid was photographed by three houses on our block alone, but I was using _professional_ gear.
Testing out a 100-400mm lens and 2X combo out at the expressway in front of where I work and have a police captain lecture me for 20 minutes for “exploitation photography”.
WTF?
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