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The New York Daily News reports today that the ban is dead. "``We are not pressing for a ban,'' NYPD Deputy Commissioner Paul Browne told The News." ``"In the wake of the public comments period, after consulting with the NYPD, which had originally requested the rule change, MTA NYC Transit will not go forward with the institution of a photo ban," TA spokesman Charles Seaton said."
Yes, if a ban on subway photography as proposed by the MTA is enacted. The current rule, if not always properly enforced, is that amateur photography without lights and ancillary equipment, is permitted under New York State Compilation Codes, Rules and Regulations section 1050.9(c). However, on May 20th, 2004, New York City Transit proposed a ban on amateur photography and videotaping, citing "security concerns".
In the New York Times on May 21st, NYCT spokesman Charles F. Seaton was quick to point out that press card holders are exempt, and "commercial enterprises" with "legitimate needs" would be allowed to take pictures with permission obtained in advance. But that's the same as the CURRENT policy for press and commercial enterprises. Given that the MTA charges for commercial photo and film shoots, they want to make it clear that they are not going to sacrifice a revenue stream in the name of enhanced security. We can all see what that means: "Individuals don't have big business to support them. We can hassle them with impunity!"
The madness doesn't just extend to New York City. New Jersey Transit has also enacted such a ban, even so far as having police detain and question people taking photos of NJT trains from PUBLIC STREETS. No trespassing was involved, no laws were broken. This has affected regular users of this very web site. Was their camera taken? No. Were they arrested? No. Charged? No. So, no harm no foul right? Well, if you consider being taken into custody, deprived due process and Miranda rights, interviewed by local terrorism agents, "all right". One person's story is here.
An interesting unanswered question is: "Why prevent only NEW photography?" Is this a prelude to even more bans, this time on web sites? nycsubway.org includes over 11,000 photos of the subway lines, past and present, and over 17,000 more of transit systems worldwide. Should these be considered historical documents or a source of information to terrorists? Webmasters and contributors could even be labeled terrorist facilitators. Even the Library of Congress has close up, detailed photos of key structures and bridges, "soft targets". Will there be attempts to censor the Library of Congress? Permitting a ban on NEW photography is another step toward removal of ALL of these websites, in the name of "security".
Who's come out against it?
The New York Times, although they don't appear to have published an editorial, or even any Letters to the Editor, about the proposed ban, ran an article on June 2, 2004 ("Fixing Problems in Tunnels, but Keeping Trains Running"), describing in fair detail the decrepit conditions of escape routes, fire safety and prevention, and communications systems in the Penn Station tunnels. A terrorist wouldn't even NEED photos with articles like that. I hope it is safe to assume that the Times would oppose the ban if they feel it is safe to publish articles like the one mentioned.
On June 6th there was a "flashmob" protest. A great writeup of the demonstration is here: the Protest: you are there from Forgotten NY.
Several photo contests have been started up in "protest" of the
ban. Both contests are geared more toward "slice of life" photography
in the subway, rather than "railfan" photography, but everyone
probably has a good usable photograph to submit.
Straphanger's
Campaign Contest
Village
Voice Contest
DeviantART
Plans to ban photography on subway property have been scrapped, at least for now, thanks to public outcry and hopefully the realization that such a ban doesn't solve any public safety problems. A reworded ban proposal suggests it will pertain only to sensitive areas of the system, which are not yet defined. The NY Daily News reported a MTA source as saying: "We are looking at a prohibition that will allow the police to make sure individuals are not photographing sensitive areas of the system - but that would still allow tourists and train lovers and people who just find beauty in the system - to photograph it without infringing on their civil liberties." The police, however, will probably continue to enforce "the ban that was never passed" as they have been since May, 2004.
In other news, New Jersey Transit has also backed off its anti-photography stance. A statement issued in September said "police had no authority over photographers on public property and that there are no laws outlawing such activity," and also mentioned that police "have no authority to seize cameras or require the deletion of pictures unless there is a legitimate law enforcement purpose."
The previously proposed changes to the Rules of Conduct regarding the photo ban have reappeared and are published in the November 24th edition of the NY State Register. This means the 45 day comment period has begun. No hearings are scheduled.
The text of the notification is as follows: ...in light recent national and international events that have underscored the need for heightened security measures throughout the transit system, a reinstatement of a prohibition that existed until the early 1990's against photography, filming, and video recording in transit facilities and on transit conveyances without prior authorization except for members of the press.... Consideration was given to restricting photography, etc. of sensitive areas only. However it was felt that a less restrictive approach would not yield the necessary security enhancements and given the nature of the activities in question enforcement of a rule which required law enforcement personnel to make a judgement of the precise subject matter being photographed would be highly problematic. -- NYS Register, November 24, 2004, pp. 15-16.
Text of the new rule: 1050.9.c. No photograph, film or video recording shall be made or taken on or in any conveyance or facility by any person, except members of the press holding valid press identification cards issued by the New York City Police Department or by others duly authorized in writing to engage in such activity by the authority. All photographic activity must be conducted in accordance with the provisions of this Part.
The 45 day comment period closes January 8th. Submit comments to David Goldenberg, New York City Transit Authority, 130 Livingston Street, Room 1207, Brooklyn NY 11201, 718-694-5454.
Other people you may wish to write to:
Let these people know your feelings about the proposed ban. Remember
to be polite. Written communication in the form of a "business" letter
is much more meaningful than a dashed-off email "rant". Take the time
and do it right.
Edited November 27, 2004
http://www.nycsubway.org/faq/photoban.html
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