Archive Page 66

Judge Rules for Watchmen: Graber Cleared of Wiretapping Charges

It’s been the case that has served as the flash point of the photographers’ rights issue lately–and now justice, and common sense, has prevailed. Judge Emory A. Pitt Jr., the Harford County Circuit Court judge presiding over Maryland motorcyclist Anthony Graber’s felony wiretapping case, ruled today that police do not have an expectation of privacy when in public while performing their duties.

“Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public. When we exercise that power in public fora, we should not expect our actions to be shielded from public observation. ‘Sed quis custodiet ipsos cutodes’ (“Who watches the watchmen?”).”

Judge Pitt also ruled against Hartford County State’s Attorney Joseph I. Cassilly’s (the prosecutor behind this entire fiasco) claim that Graber should be charged with possessing a “device primarily useful for the purpose of the surreptitious interception of oral communications” because of the camera he used to record the encounter between himself and Joseph Uhler—the Maryland State Trooper who pulled his gun and ordered Graber to “get off the motorcycle” before identifying himself.

The judge disagreed with the prosecutor that the helmet cam was illegal, and concluded the state’s argument would render illegal “almost every cell phone, Blackberry, and every similar device, not to mention dictation equipment and other types of recording devices.”

And as was reported by The Washington Examiner:

“This ruling upholds the fundamental right to hold police accountable to the public and constitutional principles they serve,” said attorney David Rocah of the American Civil Liberties Union of Maryland, who represented Graber along with a team of private attorneys who took the case pro bono.

Now who wants to see Cassilly and Uhler held financially liable for pursuing these frivolous charges against Graber, and then thrown in jail for 16 years (which is the amount time Graber was facing) for wasting taxpayers’ money?  And let’s not forget about the anonymous judge who signed the search warrant that allowed the cops to illegally enter Graber’s home and steal his private property.

Joseph I. Cassilly
Circuit Court, 1st Floor
20 W. Courtland Street
Bel Air, Maryland 21014
410.638.3500
410.879.3204

Article from The Washington Post and The Washington Examiner

rOsa

Photo by Devin Yalkin

Jeff Mermelstein – I’m A Voyeur

This is for anybody who hasn’t seen Jeff Mermelstein’s work.


Crazy Eyes

Photo by  galadrielthompson

Kentwood Mayor Proud of City Workers Who Harassed Photographer

Now, most logically thinking people would gather that the City of Kentwood, MI, is the last place on Google Maps that terrorists would target. But if you make the mistake of photographing Kentwood’s “octopus” water tower (which of course, is featured on Kentwood’s website, Google street view, and within eyeshot of Kentwood’s police and fire stations), then you will likely be harassed, threatened and followed until you are forced into providing your name to a group of people who have no authority to order anybody to do anything.

It all started when 40-year-old computer programmer and photo hobbyist, Ed Heil, was minding his own business and decided to photograph the water tower located on Walma Avenue SE, but instead, attracted the attention of Kentwood’s finest—its city utility workers—who wanted to know Heil’s name and why he was taking pictures of the tower.

As reported by MLive.com:

Heil said he just wanted to be left alone Thursday afternoon. If police asked, he would talk; but he didn’t think he had to answer to city workers.

Heil’s position was correct, but the interrogation didn’t cease. And even though the water tower is within view of the police station, the utility workers chose not to involve the police, but decided to take matters into their own hands and go beyond their non-existent authority and continue to harass Heil, following him to the library — where they prevented Heil from working and ultimately bullied him into providing them with his name. Real heroes, right? A mayor would be so proud.

“I was physically shaking with anger and fear, and let them know in no uncertain terms that I did not believe this was a legitimate exercise of authority, and I wanted them to cease harassing me and let me work,” Heil said. “I told them they had no right to demand any personal information from me, but they were so intimidating and threatening, I did give them my name and they finally went away.”

In most situations, when something raises a concern, i. e., real suspicious people or real potential terrorist attacks, most logically thinking people would contact law enforcement to handle the situation. But that is not what happened in Kentwood and the city’s vigilantes believed that they had the legal authority to handle the situation the way they wanted to handle it.

So Mayor Richard Root and John Gorney, Kentwood’s operations and utilities manager (who was summoned to the scene), are justifying the utility workers’ harassment of Heil by using—you guessed it—terrorism as the rationale. Which, nowadays, is standard operating procedure involving these kinds of incidences. Since we all know in these hyped-up times of synthetic threats and manufactured fear, “terrorism” and “homeland security” are used to condone all kinds of illegal and questionable behavior that is carried out by our federal, state and the smallest of local governments.

As Mlive.com wrote:

But Mayor Richard Root said no one takes chances any more.

More important, Root, in an attempt to support his position and create some sort of false threat of terrorism in the City of Kentwood (I’m curious to know when Root is up for re-election), equates Kentwood’s water tower to Michigan’s Mackinac Bridge (ironically, and contrary to Root’s presumptions, the bridge’s own website has a photo gallery). So we’re supposed to believe  that the third longest suspension bridge in the United States and it’s likelihood of being attacked by terrorists is equivalent to a water tower in a small city located in the southeastern part of Michigan with a population of 45,000?

Root said:

“I’m sure you’d find the Coast Guard very excited if somebody (was photographing) the Mackinac Bridge.”

No disrespect Mayor Root, but stop the terrorism histrionics—the City of Kentwood is not in any real danger of a terrorist attack, so please act like a Mayor and apologize to Mr. Heil for the behavior of your city’s utility workers. Don’t you see the danger in criminalizing perfectly legal activities? (Not likely.)

He said he was proud of city workers for their diligence, adding that they responded appropriately.

And just so you know Mayor Root, but I already think you do, as one of Michigan’s major tourist attractions, the Mackinac Bridge is photographed by people every day (try a simple Google search) and the Coast Guard does not harass these people for performing an activity that is protected by the First Amendment.

As far as John Gorney is concerned:

…he made no apologies.

And, as MLive.com reported:

…the incident would be referred to U.S. Department of Homeland Security.

I wonder if the The Department of Homeland Security (Theater) is tired of receiving ridiculous reports like this, or if they have paranoid morons working for them too.

Let’s hope not.

Mayor Richard Root
Kentwood City Center
4900 Breton Ave. SE
P.O. Box 8848
Kentwood, MI 49518
Phone: (616) 554-0771
Email: Mayor@ci.kentwood.mi.us

Article from MLive.com

Arf Arf

Photo by lofi ken

Celebrity and Paparazzo Team Up for Documentary

It seems a little incongruous that an actor who tries to come off as above the fray of celebrity tabloid culture would make a documentary on a paparazzo. But “Entourage” star Adrian Grenier addresses that in the “Teenage Paparazzo” trailer – he’s trying to “make sense of this insane celebrity world” through a 13-year-old LA-based photographer named Austin Visschedyk.

I’m not sure if the documentary accomplishes that, or answers the better question of “Where is this kid’s mother?!!?”, but the self-serious Grenier goes to the front lines of the tabloid photography culture — and gets interviews with the biggest paparazzi tip-off artists out there, Lindsay Lohan and Paris Hilton. Austin says he’s out there, like, 17 hours a day and wonders if the paparazzi will target him after the film comes out. (Uh…no.)

In an interview on Huffington Post, Grenier actually says, “I think my movie will mark the end of the hyper-tabloid era.” And that doesn’t seem to be tongue in cheek.

If you think you can stomach it, “Teenage Paparazzo” debuts on HBO on September 27 at 9 pm.

Street Photography: Documenting the Human Condition – Part 3

As promised, here is the final part of Scott Weeks’ street photography video.

Scott Adsit with Beautiful Woman – March 2008

Photo by Shawn Nee/ discarted

Seeing that 30 Rock premiered last night, it seemed appropriate to post this photo. However, it would’ve been better if I posted it yesterday—I was not thinking yesterday though.

Anyway, frames like this are just one of the perks when you shoot street in Hollywood.

Wackenhut/G4S Guard and Photographer Face Off

When it comes to watching security guards harassing photographers, Tom McElvy’s video of his encounter with a Wackenhut/G4S security guard at the Bank of America Center in Norfolk, VA, is one of the more cordial exchanges that’s been uploaded to the web this year. Maybe I’m partial to blonde haired girls with blue eyes and a nice Virginia accent, but most photographers would likely prefer an encounter with this Wackenhut/G4S guard than with the US Bank Tower’s Patrick Silver or the Port of Long Beach guard who didn’t care about the law.

No, there’s not much excitement occurring in McElvy’s video (both people handle themselves well), but based on the text and what is said in the video, there is evidence pointing to a history of harassment and an illegal policy that is creating a hostile environment for photographers who shoot around this Bank of America location. More important, the people in charge of this place, such as Chris Taylor and this girl’s “superior,” who is informing this girl to tell people they can’t photograph the property, may not know what the First Amendment entails.

But maybe they do and simply don’t care about constitutional rights and will continue harassing photographers as long as they can get away with it.

So maybe a flash mob at the Bank of America Center is needed to help educate whoever is running this operation?

Bank of America Center
1 Commercial Place
Norfolk, VA 23510


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