SF Muni’s Crappy Response to Photographer Harassment

"Sir, You Are Not Allowed To Take Pictures On Muni Property!!"
Sir, You Are Not Allowed to Take Pictures on Muni Property!! by What I’m Seeing.com

A few days ago I blogged about an incident of photographer harassment when SF Muni Fare Inspector #32 threatened my friend Plug1 that if he did not turn over his camera to him that he would be arrested. Subsequent to this incident, many other blogs and Bay Area sites reported on this issue as well including Boing Boing, CBS5’s Eye on Blogs, sfist, fecal face news, sfstreetsblog.org, the San Francisco Appeal, and Muni Diaries. After this incident both Plug1 and I received a response back from Judson True in the Press office of SF Muni when we requested an explanation from SF Muni.

Below is the response from Muni’s office:

“Dear Plug1

Please accept my apologies for the delay in responding to your email below.

We have had internal discussions over the past few days on this topic and we have determined that photography is permitted on the Muni system, though our Fare Inspectors were performing as they believed was required of them in order to protect the safety of our customers and employees when they intervened with you and others. They will be re-trained moving forward and I will get our policy posted on our website soon.

If there are further clarifications of our policy in the coming weeks I will let you know.

Thank you for riding Muni.


Judson forwarded this email response to me in response to my request for clarification on this issue. Judson’s response is also published over at Plug1’s blog.

Personally I think that this is a completely unsatisfactory and crappy response from SF Muni. SF Muni never apologizes to Plug1 (instead they try to cleverly apologize for the delay in responding instead in order to make it sort of sound like an apology when it isn’t one — how much do you want to bet that one of their lawyers drafted this one?).

Further, I believe that their statement that their fare inspector was performing as they believed they were required for customer and employee safety is clear and utter bull shit. There was no “safety” issue. Plug1 was no threat to anyone. If Plug1’s description of this encounter is accurate, this was simply the case of a rogue Muni Transit law enforcement agent who didn’t want his photo taken and who decided to use his position as a law enforcement agent to try and intimidate a muni customer and SF citizen. By threatening to arrest Plug1 if he did not provide his camera to the officer he abused his power entrusted to him. This is wrong and should not be tolerated.

Below is my response that I drafted a few hours ago back to Judson True. I also cc:d SF Muni’s Executive Director, Nathaniel Ford, Plug1 as well as a contact of mine at the ACLU.

“Hi Judson,

I’m still a little concerned over this incident. In your email you state: “though our Fare Inspectors were performing as they believed was required of them in order to protect the safety of our customers and employees when they intervened with you and others. ”

Why did they believe that they were required to stop this photography? How was the photographer in this case a threat to either customers or employees? Cameras don’t have bullets, nobody’s physical safety was threatened. The photographer in question was in no way impeding traffic.

Feels to me more like a photographer was bullied by a cop who made up a non-existent “safety” argument after the fact because they didn’t get away with the bullying. This sounds to me like a pretty weak excuse for a law enforcement official to demand to see a camera and a customer’s photos and to threaten arrest, pretty serious things.

While I applaud Muni’s steps for making your open photography policy clearer as well as the retraining involved, I’d still like to know more about what this officer and Muni felt the safety issue was in this case. I would also like to formally again request the identity of of Agent 32. He is a public sworn police officer, I believe that I am entitled to his name as I would be any public police officer involved in a public dispute and incident. I will likely publicize his name and other identifying information about him with regards to this incident if this issue is not resolved satisfactorily.

I think Muni should apologize to Plug1 not just for the delay in responding to the incident but for the incident itself. I think any “safety” issue needs to be clarified, and I think the officer involved ought to be disciplined for abusing his power as a law enforcement agent.

Please respond as soon as possible. I’ll be blogging more on this in the next few hours.”

Photography is not a crime and cops who treat it like it is should be disciplined.

Update: It may be that these agents are not in fact sworn law enforcement. It’s hard for me to tell but based on this Muni job description it appears that they may merely assist sworn law enforcement. I don’t think that this really changes anything in this case, but a distinction nonetheless.

Hey SF Muni Fare Inspector #32, Photography is Not a Crime

"Sir, You Are Not Allowed To Take Pictures On Muni Property!!"
Sir, You Are Not Allowed to Take Pictures on Muni Property!! by What I’m Seeing.com

It seems like day in and day out, increasingly, idiot cops and security guards continue to try and push photographers around. This most recent case is more personal to me because it hits close to home on the SF Muni and happened to a friend of mine Plug1.

Plug1 was doing his usual thing, which is documenting the hell out of daily SF life, when he was approached by an over-zealous muni transit fare cop, Fare Inspector #32.

From Plug1:

“Before I could get the 1st shot off, Fare Inspector #32 started marching towards me, hands in the air, yelling at me to STOP TAKING PICTURES!! So I put down away camera, walked towards him and answered his statement with a question. I asked him if he could cite me the specific Muni code that prohibited a Translink Card carrying passenger from taking pictures of Muni Personal on Muni Property. He could not. Instead he responded that I needed his permission and demanded to see my credentials and the pictures on my camera. He added that in fact, if I was unwilling to turn over possession of my camera to him he would seize my camera and have me arrested.”

Now first off. There is no prohibition against taking personal photographs anywhere publicly accessible in the Muni system. Public photography is allowed on both Muni and BART in the SF public transportation system. Secondly, no cop can ever make you delete images or seize your camera. Photography is a First Amendment right and they have no legal right to demand or do this. If Plug1 was arrested in this case, in fact, he’d have great material for a wrongful arrest case against SF Muni.

It sounds to me like this cop simply didn’t want his photo taken and decided to try and illegally bully Plug1 to get his way. This is an abuse of power. I hope Fare Inspector #32 is disciplined for this.

Now my own policy about shooting strangers is that if they ask me politely, 99% of the time I won’t shoot them or I’ll agree not to publish their image. In fact, over the years I’ve also taken down many images from my Flickrstream, blog, etc. when people have contacted me and asked me to take them down. On the other hand, when someone decides to be a prick about it, like this cop did, I’ll almost always publish their image and bring attention to the fact that they were being a pig — like Fare Inspector #32.

Somebody at Muni needs to inform Fare Inspector #32 that photography is in fact allowed within the muni system and that it’s an abuse of power for him to threaten paying customers with arrest over the crime of photography. Photography is not a crime.