Category: Photography is Not a Crime

Amtrak photo contestant arrested by Amtrak police in NYC’s Penn Station

More absurdity from the anti-photography brigade via Carlos Miller. This time reportedly photographer Duane Kerzic was shooting in Penn Station and ended up getting arrested by Amtrak Police, handcuffed in a holding cell and accused of criminal trespassing… in a public train station?

Apparently Kerzic was trying to take photos specifically to win Amtrak’s annual photo contest this week:

““The only reason they arrested me was because I refused to delete my images,” Kerzic said in a phone interview with Photography is Not a Crime on Friday.

“They never asked me to leave, they never mentioned anything about trespassing until after I was handcuffed in the holding cell.”

In fact, he said, the only thing they told him before handcuffing him was that “it was illegal to take photos of the trains.””

Another example of more rogue cops who think that photography is some sort of crime.

Kerzic has photographs he took of his wrists after being handcuffed here. Personally I’m not sure why cops should be allowed to handcuff photographers or any other law abiding citizen at all.

Thanks, Brad!

I received an email this morning from Art Wong, the Assistant Director of Communications/PIO for the Port of Long Beach with regards to the recent case of photographer harassment by the Long Beach Harbor Patrol that I blogged about yesterday. I will print his email response to my request for clarification from their department as to what authority myself and photographer David Sommars were told we were not allowed to shoot from a public sidewalk in the Long Beach Harbor last Friday night and then respond to his email.

Here is his email response in full:

“Generally, we’ve asked our Harbor Patrol officers to tell photographers that for safety and security reasons they should come to our Admin Building, and present identification. When they come to our offices, usually I or someone in our Communications Division talks to the photographer about where they may safely shoot from the public right of ways. Our concern is for the safety of the photographers, so that they’re not run over by trucks. Also the security of the Port, especially in the years since 9/11, we tell photographers that they are only allowed in public areas. We need identification of the individuals and vehicles so we can keep track of who we’ve advised, and so we can communicate that info to our Harbor Patrol officers and the officers watching on our surveillance cameras. Commercial photographers, however, need a permit so our Harbor Patrol officers can secure the area in which they’re working, so that traffic can be re-routed. In the Sunday night it seems that the officer thought you were trying to enter a private area and you were a commercial photographer. You, and other photographers, have a right a take pictures from public right-aways. But for your own safety, and for the security of the Port, we have asked our officers to be as vigilant as possible. If they were too zealous, please accept our apologies and contact me to arrange another visit.”

My response:

This response from the Port of Long Beach is complete and utter BS.

David and I were nowhere near any private property whatsoever in fact when we were told to stop shooting by the Long Beach Harbor Patrol. The photo above is a clearer photo of the location we were at when we were confronted. We were clearly on a public sidewalk on an overpass — nowhere even remotely close to any private property entrance. We were more than 100 yards away from accessing any private areas whatsoever. The photography I published of their Officer clearly shows both the officer and his patrol car on the same overpass from where we were shooting. Here is a link to the overpass where we were shooting from on a Google Map to get a better perspective that we were nowhere remotely close to a private area when this confrontation took place.

The fact that the Officer would suggest that he forced us to stop shooting because he “thought we were trying to enter a private area,” is a bald faced lie. This Officer is a liar who is trying to justify his act of harassment in some way after the fact. I would encourage staff at the Port of Long Beach to examine the photograph of the Officer, the bridge above and the Google Map link. They should know the location where we were shooting and should also know that we were nowhere near any private areas whatsoever when this incident took place.

Secondly, the incident in question took place last Friday night, not Sunday night.

Finally, I think it is a huge stretch for the the Port of Long Beach to claim that the Officer who ejected us from the Port thought that we were “commercial” photographers. We were simply two guys with cameras who clearly explained to the officers that we were doing “art” photography. We were not impeding traffic in any way. We were not a professional film production crew. We were never told that we were being ejected because we were “commercial” photographers. We were no threat to ours or anyone elses personal safety. We were told we had to leave because we were not allowed to shoot the plant that we were shooting from a public sidewalk. This response is just even more CYA BS from the Port of Long Beach.

It is unfortunate that rather than take responsibility for their actions, apologize for violating our Constitutional rights, and offering to change how they enforce their anti-photography campaign, that they’d rather try to justify our eviction from public land that our taxes pay for and chalk it up to a “misunderstanding,” on the part of their officers.

The response of course wouldn’t be complete without at least one reference to 9/11 in it. This response from the Port of Long Beach is very, very disappointing.

If you think that this sort of response is unacceptable, please take a second and digg this story here.

I just got back from shooting for a week in Los Angeles and have to say that the highlight of my trip was shooting industrial stuff down in Long Beach Harbor with Photographer David Sommars. David is an amazing photographer who regularly shoots industrial stuff around L.A. and he shared with me some of the most fantastic vantage points to shoot this sort of photography in Long Beach. David also maintains a photography related blog here.

Unfortunately our photowalk around the Port of Long Beach was not without incident. Three times we were blinted while photographing. I’ve been stopped plenty of times while legally shooting in the past. Most of the times I’ve been able to be respectful but insistent on my legal rights to shoot wherever I’m shooting. Every so often though an incident turns into a more serious altercation.

The first two times Sommars and I were stopped we were stopped by private security agents working for Securitas on behalf of BP’s Carson Refinery. They asked us not to shoot the refinery and suggested that it was a “double standard” that we’d insist on our constitutional rights to shoot in public while not honoring BP’s request that we not shoot their facility from a public sidewalk. I couldn’t quite get my arms around the “double standard” argument coming from BP. Ironically one of the shots that I took of their refinery was probably the largest United States flag I’ve ever shot. Let’s hear it for Patriotism.

The hassle from BP’s agents though didn’t really bother me all that much. We were insistent on our rights to shoot the facility and they seemed to understand that in the end there was nothing that they could do about it. Their security guard snapped photos of both of us with his camera phone (and I returned the favor of course) and then they followed us when we left in my car in order to get my license plate, but they seemed to pretty clearly understand that while they were free to ask us not to shoot the plant, it was clearly within our rights to do so.

The more disturbing incident came later when we were atop a bridge, again on a public sidewalk, shooting another plant and long exposure bridge shots. Here we were stopped by real cops this time, rather than security guards. The cops in question were from the Long Beach Harbor Patrol. Their officer explained to us that it was his job to monitor the side of the bridge that we were on while L.A.P.D. had jurisdiction over the other side of the bridge.

Basically the conversation went something like this.

Long Beach Harbor Patrol Officer: “I’m going to have to ask you guys to leave.”

Us: “But, why, were simply taking art photographs.”

Long Beach Harbor Patrol Officer: “You’re not allowed to photograph these plants.”

Us: “But we’re on a public sidewalk. What law doesn’t allow us to photograph here?”

Long Beach Harbor Patrol Officer: “You’ll need to come back tomorrow and get a permit if you want to shoot in the Harbor.”

Me: “I’m only down in Long Beach for tonight and won’t be able to do that.”

2nd Long Beach Harbor Patrol Officer (shrugging her shoulders): Oh, well, you’re just going to have to leave. Photography is not allowed here without a permit.”

During this altercation both David and I were asked to present identification to the police. They used our IDs to run background checks on both of us.

Now personally I have no problem with the cops stopping to talk to us and check out what we were doing. I also had no problem with Securitas photographing me earlier or following me to get my license plate number. But I think that it went too far when the Long Beach Harbor Patrol ran background checks on us and I think it also went too far when they required us to leave our shoot location. As far as I’m aware there is no law which requires permits in order to shoot the Long Beach Harbor from a public sidewalk. And to kick us off of the bridge that we were legally on was not justified and violated our constitutional rights.

We repeatedly tried to argue for our right to shoot at this location for about a half an hour. The entire time the cops were insistent that we were not allowed to shoot there without a permit. David showed the cops in question photos of his on his iPhone in order to share the type of photography that we were after, but none of this seemed to matter. We were on their turf and they weren’t going to stand for that. He just kept repeatedly bringing up 911 over and over telling us that we were going to need to leave.

What bothers me even more is that this is not the first time that David (who shoots in Long Beach Harbor more regularly than I do) has been harassed by the cops there. David has had lots of previous run ins there. David told me that he’s been stopped about 10 times in the last six months while shooting in Long Beach Harbor. About half of those stops involved actual police in addition to security guards. On one occasion the cops actually handcuffed him and in another incident 4 police cars and a black SUV converged on him. He’s also had FBI agents call on him over his photography. Personally I think it’s wrong to handcuff peaceful photographers for the “crime” of photography while questioning and detaining.

I’ve contacted the media relations department at Long Beach Harbor regarding this incident but have yet to hear back from them. I’ll post more from them once/if I do hear back.

What I am tired of though is the harassment that photographers face on a regular basis while out documenting our world. Photography is not a crime. 911 didn’t suddenly magically turn photographers into criminals. And as long as photography is not a crime, I think that cops, security guards and other authority figures should be required to live within the legal system as it now stands. Maybe some day they will pass a law that shooting Long Beach Harbor is in fact a crime. Or maybe they’ll actually pass a law that permits *are* actually required to shoot there. But until that day happens (and I’d be one vocally opposing any such rule like that) this sort of harassment ought not take place. And it’s unfortunate when it does.

Update: Art Wong from the Port of Long Beach’s Media Relations Department has contacted me and told me that he’s asking their officers for information on this incident. I will post any update from the Port of Long Beach as it becomes available.

Update 2: On Digg here: http://digg.com/travel_places/Thomas_Hawk_s_Digital_Connection_Long_Beach_Harbor_Patrol_S
< br />Update 3: The Port of Long Beach’s Assistant Director of Communications Art Wong, responds to this incident here.

[Warning: Profanity in this article]

The Oakland Tribune has made public today a videotape that was originally seized by Oakland Unified School District Police Chief Art Michel during an altercation that I blogged about yesterday between Michel and Tribune videographer Jane Tyska.

The video is troubling on many levels. I believe that police in our society are given an enormous amount of authority and power over everyday citizens. I believe that with this power and authority ought to come a great degree of prudence and composure when dealing with photographers. Especially in this case, where a photographer was shooting a politically sensitive protest, I think that the police chief in question handled the situation very poorly and ought to be disciplined for his actions based on this video.

Even if a police officer has good reason to detain a photographer (which I seriously doubt in this case) I think that they still ought to deal with the person involved with respect. Unfortunately, on the videotape released, Oakland Unified School District Police Chief Art Michel does anything but interact respectfully with a very upset and shaken Jane Tyska. In my opinion people like Michel do not belong in law enforcement.

Chief Michel repeatedly uses profanity with the photographer when she never used profanity with him. Not only did Michel confiscate Tyska’s videotape (which should only be done in extreme cases if ever in my opinion) he tells Tyska that she is “going to jail,” that she needs to “get in the fucking car,” and that she’s a “pain in the ass.” He also threatens her physically saying that he’s going to stuff her in the car and proceeds to call her a “lying son of a bitch,” and says that she was trying to incite a “riot.”

You can see the videotape for yourself here.

Photography is not a crime.

ABC News: ABC Reporter Arrested in Denver Taking Pictures of Senators, Big Donors ABC News has a disturbing report (complete with a video of the incident) where one of their producers, Asa Eslocker, was arrested on a public street while attempting to take pictures of Democratic Senators leaving a private meeting at the Brown Palace Hotel in Denver.

An as of yet unnamed Denver police sergeant literally pushes Eslocker into the street and then has him arrested. In the video he mentions that he’s impeding traffic, but it is clear to anyone watching that he is being forefully pushed into the street by the cop. The same cop then is heard on video telling people to shut their cameras off.

From ABC News:

“It was two hours later when Denver police arrived to place Eslocker under arrest, apparently based on a complaint from the Brown Palace Hotel, a central location for Democratic officials.

During the arrest, one of the officers can be heard saying to Eslocker, “You’re lucky I didn’t knock the f..k out of you.”

Eslocker was released late today after posting $500 bond.

Eslocker and his ABC News colleagues are spending the week investigating the role of corporate lobbyists and wealthy donors at the convention for a series of Money Trail reports on ABC’s “World News with Charles Gibson.” “

The sad thing is that this gets tons of attention of course because these idiotic cops were stupid enough to engage national media covering a politically sensitive story — at the same time this sort of police harassment, security guard harassment, etc. happens all over the place to people who can’t do anything about it every single day. Most of the time people just do what they are told by the cops and move along. But people shouldn’t have to move along. A public sidewalk is a public sidewalk and it belongs to us not to them.

I hope the cops in this case lose their jobs. I hope the department is sued and forced to pay millions of dollars that takes away from their ability to fight real crime. Because until this sort of stuff gets the visibility that is needed, abusive authority figures are going to continue overstepping their bounds again and again and again. It’s only when they really fear for their jobs, their incomes and their own personal safety that hopefully cops like this one will begin to check themselves before pushing other people around.

Seriously, take a few minutes to watch this video (it’s short) and see what we are up against.

To add to the bad cop stereotype one of the cops comes complete with a lit cigar in his mouth as he puts the handcuffs on Eslocker.

Update: I’ve been on the phone with both the Denver Police Department as well as the Denver Sheriff’s Departments this morning trying to obtain a police report on this incident. I haven’t been able to get through to anyone at the Denver Police Department yet but have left several messages. I was able to get through to Mary Dulacki, the Records Coordinator for the Sheriff’s Department who just sent me the following email regarding my request to view the Sheriff’s Department report on this incident:

“Tom-

There is no “report” per se in this incident. Asa Eslocker was charged
with interference with a police officer, trespass and failure to obey a
lawful order on a GSS&C; (General Sessions Summons and Complaint). On a
GSS&C;, the officer writes notes on the summons itself which is filed
with the Denver County Court. To get a copy of the notes, you need to
go to Denver County Court.”

Update #2: According to Winds of Change, they’ve received a response back on the incident from the Brown Palace Hotel.

“The ABC news cameras were intruding on the entrance of the hotel, creating
an unsafe entrance/exit for our guests, which are our priority at all
times. The police department asked them to move to the side several times
so that our guests could enter/exit, and ABC refused. ABC was clearly told
that they could stand on the sidewalk but it is illegal to block an
entrance to any business, which is what they were doing. After not
complying with the police requests, they were then asked to move to the
other side of the street. It is our understanding that ABC continued to
speak belligerently to the police and were arrested for not complying with
police orders. The arrest resulted from issues between the police and ABC,
not The Brown Palace Hotel.”

LightBoxDC: Norton Schools Union Station Management on Photo Rights, Other Issues

Congresswoman Eleanor Holmes Norton (Dem, Washington DC’s at large District) is currently using her position as chair of a House Transportation subcommittee to push the issue of photographer’s rights into better public view.

Recently I’ve blogged about photographer harassment that has taken place at Washington DC’s Union Station.

According to Joel Lawson’s Lightbox DC blog, today’s hearings included an “hours-long grilling” of Union Station management regarding their anti-photography stance.

Norton reportedly read an opening statement to today’s hearings suggesting the necessity of a recent bill that she has drafted (H.R. 3519, the Open Society with Security Act) to help protect our first amendment rights as photographers in public spaces.

I commend Congresswoman Norton on bringing important publicity to the issue of photographer’s rights. Too often photographers are chased out of our nation’s public spaces by police and overzealous security guards. Maintaining an open and free public space for photography is beneficial to the arts, journalism, and in certain cases justice. Thank you Congresswoman Norton for holding these hearings and for promoting freedom for American photographers.