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February 6, 2008
Photographers have rights too (at least they are supposed to)
Atlantic Yards Report's account of videographer Katherin McInnis being stopped by the MTA cops in the footprint of Atlantic Yards is not the first incident of its kind. The Ratner rent-a-cops are known to do the same.
The story was picked up by The Gowanus Lounge, which had some action in the comments section:
Gowanus Lounge: We wonder how many other photographers have had incidents where MTA officers or others tried to stop them from taking photos or in other ways harassed them or tried to get them away from the property.
threecee: i've been told on several occasions that i could not photograph buildings or demolition sites, never by the MTA nor police (which surprises me), but by people i assume were either security or demolition foremen.
Anonymous (referencing a comment he/she had posted on Atlantic Yards Report): I'll repeat here what I posted at AYR...
[Quoting Norman Oder's report] "Finally, she said, he asked if she was part of any organization "opposing these Yards." She said no. He said "You know the project is probably going to go through."
That was a very, very stupid thing for the MTA cop to say, because worse than his illegal attempt to confiscate the camera, this makes it clear that his intent was arbitrary in hindering the exercise of her legal rights.
His intent did not seem to be block photographers, but to block opponents of the project.
That's a very big legal no-no.
Last we checked, Ratnerville was still in America — so what are your rights when you're taking a photo tour of the footprint of Bruce Ratner's controversial Atlantic Yards project?
Local photographer Adrian Kinloch explains on his blog, Brit in Brooklyn:
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.
Kinloch goes further to explain the steps you should take when a cop, or Ratner rent-a-cop for that matter, tells you to stop taking pictures.
Posted by lumi at February 6, 2008 5:35 AM