Archive for the 'Police Harassment' Category



Photographer Sues Homeland Security Dept.

Software developer, amateur photographer and self-proclaimed libertarian activist Antonio Musemeci and the NYCLU are suing the Department of Homeland Security for what they say was an unlawful arrest during a protest at the Manhattan federal courthouse last year. The lawsuit challenges a “government regulation that unconstitutionally restricts photography on federal property, including public plazas and sidewalks.”

Musumeci was videotaping the arrest of protestor Julian Heicklen in November 2009, when officers approached and asked what he was doing. Because he said he was freelancing (which he does for Free Talk Live – for free), he was arrested under a code which prohibits news or commercial photography on federal property. The situation was classic — very similar to the dozens of ones we’ve reported on here. The agents took his camera and poked around on it, talked down to him, threw their weight around. Ultimately only Musumeci’s memory card was confiscated after he suggested that would be the only relevant information for the agents. While charges against him were eventually dropped, Musumeci never got his memory card back.

From the NYCLU:

“We understand the need for heightened security around federal buildings, but the government cannot arrest people for taking pictures in a public plaza.”

It will be really interesting to see how this turns out, as it could be a watershed event for photographers’ rights.

You can read all of the events leading up to the arrest here.

Article from New York Daily News and blog of bile

US Park Police Admits ‘Rookie’ Error

The US Park Police stationed outside the White House are in hot water after they blocked reporters (see YouTube video) and closed Lafayette Park amidst a “Don’t Ask, Don’t Tell” gay rights protest on Tuesday.

A Park Police spokesman put the blame squarely on his department, not the White House or Administration, and told Politico it was  a “rookie, amateur error” and “embarrassing.”

I can tell you from personal experience that the police outside the White House seem to commonly make rookie errors, as I was walking by there a few weeks ago and hundreds of tourists and pedestrians were moved back from the White House gates for over 30 minutes, supposedly due to the presidential dog being let outside (and he was not in any way visible from the street). Just imagine — these whole classes of kids traveled from the heartland to see the most famous house in America, and they’re forced instead to just look at some policeman (above). 

If that was indeed the reason to disrupt almost the entire block of Pennsylvania Avenue, I would say there is some ridiculous overreaction going on there.

Article from Politico

Harassed Photographer Speaks Out

Newspaper editor/photographer Kai Eiselein wrote an excellent editorial in The Eagle & Boomerang addressing his experience with law enforcement at the Thomas S. Foley federal courthouse in Spokane last week.

Eiselein admits he was a skeptic before his own incident, thinking somehow photographers must be provoking authorities. But after his experience, he understands how photography has been demonized in a way that is unnecessary, unfair and scary.

My test at the Spokane courthouse proved without a doubt that what some other photographers were claiming was happening was true.

And he also addresses those commenters, those wonderfully strident, angry commenters, who automatically accuse the photographer in these situations:

The comments were the most interesting part of the post, a large number of people praised my actions, but an equally large number, also photographers, vehemently decried what I did. Many of them stated I should have just backed down and apologized for taking photos, others called my actions underhanded, a set up, and that no real journalist would do what I did.

And on the practices of law enforcement:

Done often enough, to enough people, it can become a de facto change in the law, all without any public input or open debate. It runs directly counter to the tenets upon which this country was founded.

And some final thoughts:

Do we ban the photographing of children, buildings, aircraft, trains, bridges or anything else that might be used for some nefarious purpose?

Do we slice large chunks from the 1st Amendment in the name of safety and security?

Have we become so afraid as a nation that we see danger in every corner and shadow?

The fact is, bad people will do bad things no matter what kind laws or security procedures are put in place.

Article from The Eagle & Boomerang

NYPD Act Like Fools, Mess With Photographer

Photos from The Villager

Clayton Patterson is a  fixture on the Lower East Side of New York, having documented the neighborhood for 25 years. He’s an artist, activist, photographer for The Villager newspaper, has published books, had a documentary made about him, and been featured in the New York Times.

But being the true iconoclast that he is, his relations with the Seventh Precinct haven’t always been rosy.

On March 13 he was trying to photograph a stabbing victim on Orchard Street when police bizarrely and belligerently harassed and tried to intimidate him. In their effort to block Patterson from shooting the scene, at various points: an officer smashed into him and accused him of starting it; the sergeant screamed at him — “I’m f—ing tired of you!”; two other officers jumped around wildly in front of his camera yelling “I’m a monkey”; and then an officer positioned his squad car on the sidewalk, directly in front of Patterson, to block him.

Now, there is a history here. Patterson has been arrested 14 times over the years, all when he was shooting photos. He is currently suing the NYPD over a 2008 incident where he was arrested for photographing a fire and not stopping when he was told to. So, the precinct officers know who he is (check out his photo — he’s hard to miss), and they want payback. I get it.

But it doesn’t make it right.

For officers to behave like this — in a ridiculously immature manner to impede a photographer who has every legal right to be there? I don’t care whether you like him or not; he could be the biggest thorn in your side, but that’s called life. As long as he’s following the rules, deal with it.

Show your support for photographers’ rights by calling the NYPD’s Seventh Precinct Captain Nancy Barry at (212) 477-7731.

Article from The Villager

First Amendment Showdown

Photo by discarted

The Christian Science Monitor turns its focus on photographers rights this week, reporting on the ongoing clash between police and the photographers who shoot them.

CSM says that the increase in amount of camera seizures and photo deletion is testing First Amendment protections and names a few well-known incidents, including the recent trial in New Orleans where two photographers accused police of wrongful arrest and lost, Carlos Miller‘s trial for refusal to stop taking photos of police in Miami, and the Oakland cop who shot and killed an unarmed man in a BART station.

It’s disappointing that the article says police “often have the upper hand in court.” But it also doesn’t come as a surprise — we’ve seen it a lot here in the blogosphere with reaction to photographer vs. law enforcement incidents as an indication that many people seem to slavishly support police actions despite evidence that shows a clear overstep of legal boundaries.

Nevertheless, the article quotes attorney Bert Krages who says photos (and video) are the best defense when accused photographers are (falsely) accused of obstruction, which is a common charge in these scenarios. He also recommends that photographers who find themselves in these situations file a report with internal affairs and contact local media as they should have a vested interest in photography in public places.

And, finally, from Marjorie Esman of the Louisiana ACLU:

We have this thing called the Constitution, and the idea that you can’t film something that you can see is ludicrous. The sad thing about these cases is it suggests that police don’t want people to know what they’re doing, which then implies that they’re doing something that they don’t want people to know that they’re doing.

Article from Christian Science Monitor

The Consumerist, the New Censorist?

Meg Marco by Meg Marco

UPDATE: The discarted user account is no longer available on Consumerist. Maybe it was deleted by them? Guess we shouldn’t have written this post.

The Consumerist is a well-known website that prides itself on highlighting the persistent, shameless gaffes of modern consumerism – and the latest scams, rip-offs, hot deals and freebies. However, despite all of these great things Consumerist stands for, apparently some people who work for Consumerist don’t have a problem with being a hypocrite, or silencing their critics by censoring them in their online comments.

For instance, Meg Marco, Consumerist’s Co-executive editor, recently posted a brief summary of an incident involving a Burlington, Vermont, street photographer who was banned from a mall for an entire year, even though what he was doing was completely legal. Meg writes:

A coffee shop in Vermont has issued an one-year universal trespass order that bans a local amateur photographer from 67 establishments on the Church Street Marketplace because he would not comply with repeated requests to stop photographing the patrons and employees of a coffee shop. Here’s his Flickr stream.

This one should be fun. On one side you have a guy who is perfectly within his rights to hang out and photograph people in a public place. On the other hand you have a coffee shop and 66 other merchants who are sick of their customers and employees being creeped out by a guy taking pictures.

She continued by selectively pulling the following from the much larger and original article in Seven Days:

About a month later, during a February snowstorm, Scott shot some pictures of a woman smoking a cigarette outside Uncommon Grounds on Church Street. Scott claims he was about 50 feet away when the woman, an employee of the coffeehouse, noticed his camera and asked him not to take her picture. Scott claims he backed off. But the woman also asked Scott to delete the pictures he’d already taken of her. He refused. The following Monday, March 1, a Burlington police officer again showed up at Scott’s workplace, and this time issued him a one-year universal trespass order that bans him from 67 establishments on the Church Street Marketplace. If Scott enters any of them, he could be arrested.“If I had been drunk and gone into Uncommon Grounds and created a loud scene, I can understand why they wouldn’t want me in there,” Scott says. “But I wasn’t even in the store. I wasn’t even in front of the store.”

Manager Mara Bethel tells a different story.

“We’ve had a problem with him a number of times before — taking pictures of women, specifically, on the sneaky side of things — without asking their permission,” she says. “A number of customers have come in and said, ‘There’s a guy out there taking pictures and it’s really creeping us out.’”

Bethel confirms that Scott didn’t enter the coffeehouse to take pictures, nor does she describe his pictures as “lewd.” Nevertheless, she says, Scott’s persistence and demeanor were “unsettling” to her and other employees.

“For the young women around here, it felt really uncomfortable, someone kind of lurking about, and then quickly taking their picture and turning away,” Bethel says. Moreover, when someone asked Scott what he was doing, she claims he became defensive and argumentative.

And finally she ended in her own words with:

It seems that both parties are within their rights. The photographer can stand outside creeping people out and the coffee shop and other merchants can ban him from coming inside for whatever reason they like…

After reading what Meg wrote, it was very clear to me that I did not agree with Meg or her obvious stance on the matter. Nor did I agree with the way she chose to write her post (especially her selective editing and her repeated use of the word creepy), which was clearly biased with a very obvious subtext that screamed Dan Scott was a perv for taking pictures of people in public without asking for their permission. Which is rather an ironic position for Meg to take, but we’ll get back to that a little later. (However, stay tuned, there is a twist to Meg’s story.)

So of course I decided to write a comment on the Dan Scott post that was very critical of Meg Marco. However, it’s no longer there along with other comments that were critical of her post.

And unfortunately, I didn’t save my original comment posted to Meg Marco’s article because  I thought I didn’t need to since was I posting it to Consumerist, which I mistakenly thought, is about truth, fairness and impartiality. But apparently that is not the case with Meg Marco—she likes to censor her critics.

But hopefully someone at Consumerist other than Meg Marco will read this and we’ll be able to get my original comment as well as the other comments that were not approved, or deleted after the fact, back online so everybody can read them and formulate an opinion for themselves, rather than having it shaped by Meg Marco and her personal crusade against Dan Scott.

I can’t guarantee the accuracy of the following, and I’m sure my original comment to Meg was much more eloquent, but here’s the gist of what I posted:

Meg Marco-

This is probably the briefest and shittiest summary you could have written regarding Dan Scott’s situation. It is clearly biased and also very apparent that you wrote this in support of Uncommon Grounds and with a personal agenda. Rather than asking everybody else what they thought of the situation, why didn’t you just have the brass to come out and say that you don’t agree with what Dan Scott is doing, even though taking pictures of people in public without their permission is perfectly legal. Reading something like this, where there is a clear agenda, just makes me question the legitimacy of all Consumerists writers.

Fail.

What is so ironic though about Meg’s position (this is where I get back to what I touched upon earlier), as well as extremely hypocritical of her, is the fact that it appears Meg also enjoys taking photos of strangers without asking for their permission. Which is exactly what Dan Scott was doing. Hmm.

Check out Meg’s flickr stream here, along with her Strangers set here, which both consist of photos of people whom she didn’t ask for their permission before she snapped away.

What’s really creepy, though, is the fact that Meg has a photo of a little girl’s ass! And she didn’t even ask the girl for permission.

That’s just plain creepy.

Creepy photo by Meg Marco

And there’s even more photos of children in her Strangers set.

Double creepy.

I’m curious to know how Meg would feel if she was banned from a public place for an entire year for taking this photo because a few people didn’t agree with what she was doing even though it is a perfectly legal thing to do, nor is she required to justify her actions to anyone.

Meg Marco, YOU ARE A HYPOCRITE.

To contact Meg Marco, email her at marco@consumerist.com.

You Digg?

VT Photographer Banned From Mall


Photo by Dan Scott/sevencardan

Vermont, always a state on the cutting edge, just came up with a new way to to restrict the legal right of photographers to shoot in public.

Due to complaints from business owners, photographer Dan Scott was issued a one-year trespass order barring him from shooting 67 businesses in the popular Burlington open air mall Church Street Marketplace. If he disobeys that order he can be arrested.

Seven Days reports that Scott has been shooting locals in the mall for over a year and “all his photos are taken on public property, not inside stores or through the windows or blinds of private homes.” In January, Scott was approached at another mall, the Burlington Town Center, by a security guard who told him he wasn’t allowed to take photos there. He was questioned by Burlington police, and then the next day a cop came to his office to question him for 45 minutes. (Crime is pretty low in Burlington.) The photographer seemed mostly interested in finding out whether Scott takes photos of children and posts them on the internet.

The next month, Brown was taking photos outside Uncommon Grounds coffeehouse on Church Street when an employee asked him not to take her photo and to delete any already on his camera, which he didn’t do. A few days later he got a visit at work from another Burlington cop, this one bearing that trespass order. (That sounds like “uncommon grounds” for a trespass order!)

The manager of the coffeehouse, Mara Bethel, paints a different picture of Scott, claiming he’s been a problem, surreptitiously targeting women and creeping them out. She called his behavior “unsettling” and “aggressive” when confronted. 

The Burlington PD never arrested Scott and actually don’t even have control over the trespass order – they’re issued at the request of property owners. So that means, any business that doesn’t like you hanging around can actually legally order you not to? Even if you’re doing something perfectly legal?

As local Saint Michael’s College journalism professor Dave Mindich put it, “Church Street is, by definition, the most public place in Chittenden County, if not Vermont,” he says. “There’s no presumption of privacy. There’s no gray area here.”

Article from Seven Days vis Carlos Miller

When the News Becomes the News

“In This Day and Age” Cops Stop Photographers


Photo by Jason C. Romero

This is a familiar story. Maybe you’ve heard it? A guy appreciates some artistically interesting yet vaguely industrial part of the landscape. Usually the light is really good. He gets out to take some photos. A cop shows up and starts asking questions. He makes allusions to terrorism while he harasses him for conducting a perfectly legal activity in public using that old bromide “in this day and age.”

Only this time, the Champaign, Illinois, photographer, Jason Romero, made the mistake of putting his hands in his pocket too many times and got frisked. They didn’t like his iPhone that was set to record audio. They told him that was illegal. And then the cop went through the things in his pockets, including notes and notebooks. A couple more cops showed up and they gave their own requisite “in this day and age” speech. 

Not: “In this day and age, police officers like to stop innocent photographers because we’re confused and scared about terrorism but don’t really know the law or how to address it in our town.”

No, not that one.

Article via Jason C. Romero Blog

Funny Story

FLAG

Photo by rose_peacock

You have to appreciate the irony of a woman being blocked in by a police cruiser and then being told by the police officer to produce ID after photographing an American flag (which was clearly visible from a public sidewalk), but located in front of a federal building—aka the ubiquitous terrorist target. Seriously, do police academies not teach constitutional law?

ok. funny story. i stopped to take this pic on Reston Parkway on my way home from a client’s office. It took maybe a minute to get a few shots…as i walked back to my car a Fairfax County police officer pulls into the parking lot and blocks my car in. He asked why i was taking pics of that building and took my ID and ran it thru the system. He said there was no legal action being taken but he had to write up a report that i was seen taking photos of a federal building…Better to be safe than sorry, i guess
And the shot is not nearly as good as i thought it was going to be…


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