Photographer Harassed at Atlantic Yards by MTA Police
Tuesday, February 5, 2008 at 01:14PM 
We first heard about this yesterday, and thanks to Atlantic Yards Report, more details have emerged. Photographer Katherin
McInnis was video-taping around the footprint when she was approached by an MTA police officer:
"He attempted to confiscate her camera, questioned whether she was part of an anti-AY organization, and more than once reminded her that the project was proceeding, according to her account."
We know it but it's worth repeating: If you are taking photographs or videotaping in the footprint -- or, for that matter, on a public street or sidewalk and not on private property -- you can point your camera anywhere you want and take pictures. How far you stand your ground with cops (regular or rent-a varieties) is down to you. Obviously, it is always best to resolve a situation amicably.
In the U.S., the general rule is that anyone can take pictures of whatever they want as long as they are in a public space, or if they have permission in a private space. Some exceptions to this rule are military installations, nuclear plants, and some bridges. If you are photographing people, continuing to take an individual's picture after they have asked you to stop could be construed as harassment.
It is legal to take photos of infrastructure and transport facilities. And cops.
No private individual can lawfully confiscate your camera, memory card, or film. Cops need a court order or to arrest you to do this.
If you are told to stop taking pictures by anyone, you can ask the following:
1. For their name and ID
2. Who is their employer?
3. Are you free to leave? If not, how do they intend to stop you if you decide to leave? What legal basis do they assert for the detention?
4. Again, if they demand your film, what legal basis do they assert for the confiscation?
Source: Bert P. Krages Attorney at Law, The Photographer's Right
In the case of Atlantic Yards, perhaps we would be better off if we went down there with our cameras in a larger group...
More reading:
New York City Transit NYCT Rules of Conduct on the official MTA Site (see section 1050.9(c).
"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."
This Friday February 8th, The Mayor’s Office of Film, Theatre and Broadcasting is offering training sessions at the Apple Store in Soho for their new online film permit system. 6:30 to 8pm.
On calling 311 this evening to check if I needed a permit for personal street photography I was directed through to the MOFTB though the lines were shut.
Picture New York Without Pictures of New York has a lot of coverage of the Mayor's photo permit proposals but has not been updated recently.
Reader Comments (2)
It seems our civil liberties are being eroded on a daily basis. After 9/11, many of our abilities to photograph have been curtailed, especially on bridges. Although I understand the reasoning behind this, I can't help feeling my freedom as a photographer - which historically has been considered a dubious artform, is being further limited. As a photographer of mostly buildings, you would be surprised how many individuals take it upon themselves to ask questions about my personal agenda based on their perception of "doing their part for national security."
On a stroll down Flatbush early this past Fall, a policeman questioned what I was photographing. I was wearing one of my Fading Ad Gallery tees and I pointed to the shirt and said I was the "sign guy." Then I told him that he was awfully cute and and asked if I could photograph him. That got him off my tail.
March 14, 2008
Today, I was riding my bike around downtown Manhattan with my camera around my neck. Riding aimlessly and not paying attention to my surroundings, I looked up and noticed that above me was the Federal Reserve building, and I stopped my bike---at that point I was in back of the building and across the street near the opposite curb. Before I even touched my camera, a cop, about seventy-five feet away who was standing with his partner near the back entrance, which I took to be their post, yelled out to me that no photographs were allowed. I wasn't sure I heard him right, or even if he was talking to me, so I asked, "what did you say"?... Upon which his partner stated in an authoritative tone, "You know, that thing hanging around your neck... no photos! I replied, "Hey-- yo, you don't have to be s mart about it", and some additional words were exchanged by each of us. I would have probably gone further, but I had a Jay in my pocket. However, I really wish I took a picture of that goose stepping cop to post on the internet! Wake up America… we are headed towards an authoritarian bureaucracy cloaked in Red, White and Blue!
PS. About half an hour earlier I was taking photographs at the World trade Center and stopped by security from taking photographs… I went up a level and clicked away as there were numerous others there taking photos.
PSS. At the end of the day I did celebrate a little liberty when I smoked that Jay in front of the New York Public Library with the two great lions kneeling in front of me. God Bless America!
Amnotanass