It Had to Happen Eventually
It had to happen eventually. I mean, when you think of it, when you’ve shot almost 1,000 pictures of a certain subject, it had to happen… My friends often marvel at the amount of pictures I take in the subways. I’ve been told many times by my peers and my friends that I’m lucky I’ve never been punched in the face, or harassed by the police.
In fact, a few weeks ago, I posted on flickr asking if anyone had been harassed while shooting the subway.
Today, it was my turn.
I stood on the platform doing what I do every morning. Shooting my brains out. As I was taking this shot, I saw him coming at me from the middle of the platform. I took a deep breath and watched him get closer.
“It’s not a good idea taking pictures here,” the officer told me, much to my surprise. Now, normally, I would just submit. I don’t need the aggravation, and I know what the police go through, but when it comes to photography in the subway systems, I clearly know my rights. Since it’s a hobby of mine, I’m always prepared. Here’s the relevant law:
Section 1050.9(c) of the NYC Transit Rules of Conduct:
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.
Knowing that law cold, I countered.
“Is there something wrong with taking pictures?”
“No,” he responded, seemingly shocked that I dare challenge him on his half-assed assertion.
“Ok…” I looked him right back in the eyes. “So what’s the problem then?”
“Well, high terror alerts.” That was the sum of his response. Actually, that was his entire response.
I breathed deep, and kept my camera in hand. He stayed about 2 feet from me for at least 5 minutes, staring darts into the back of my head. Finally, I let my camera just hang from my neck and he walked to the close end of the platform. I turned around and looked, and saw he was still glaring at me from 5 feet away. I realized, at that point, I hadn’t gotten his badge number. Luckily, he walked past me and I caught it. 2773. Perfect. I took out my Blackberry, and typed it in. Then, just because he aggravated me so much, I took a picture of him as he walked back down the platform.

But he didn’t give up. He got to the middle of the platform, turned, and looked dead at me, and didn’t take his eyes off of me until I got on the train. I wanted to smack the shit out of him, but I kept my cool and got on the train.
I didn’t do anything wrong, and yet he had me feeling like I was committing an illegal act because of “high terror alerts.” What the bloody hell is that supposed to mean? Anyway, tomorrow, I’m going to write a nice letter to the Civilian Complaint Review Board. That’s the organization that oversees civilian complaints against the police, and I’m going to contact the NYCLU just because I can. One way or another, I’m getting an apology for this officer’s conduct, and I don’t care how I have to do it.
It’s one thing to come after me for doing something illegal. It’s entirely another for making me to feel like a common criminal in front of other commuters on a subway platform for doing something that is codified, clearly, as legal.
Technorati Tags: subway, officer, NYPD, harassment, 2773, photography
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December 7, 2005 at 11:30 am
A Work In Progress The War On Photography Vinny has a run-in with the NYPD."It’s not a good idea taking pictures here," ...
March 23, 2007 at 3:18 pm
dailywebthing linkport on photographers' rights It Had to Happen Eventually[A Work In Progress]