FIRST AMENDMENT TRASHED
Rochester Police Threaten Me With Arrest For Photographing Hot Dog Cart
United States Court of Appeals says that I may take pictures of individuals in public settings.
Rochester Police say:
"Go photograph another hamburg stand or you will spend the night in jail"
I was out tonight at about 11pm, Saturday June 29th for what I hoped would be a great night of photography as I continue to document Monroe Avenue and Rochester
I started on the corner of Monroe Ave and Goodman St., after taking some shots of fire trucks making their way through traffic, I decided to get some shots of the neon lights that decorate Paradise Alley. Next I turned my attention to the hot dog cart that was located on the sidewalk across the street from the bar.
At this point things started to get ugly. A person who smelled of alcohol pictured here wearing the shirt that says SECURITY for "MR V's" got too close to my face and told me I couldn't take pictures. I told him that the streets and sidewalks belong to the public, and that I was just out taking pictures. He then told me not to give him any lip or he would fu** me up. Another person who was working the cash drawer and wearing a black shirt told the "SECURITY" to go over to the bar and have a beer and cool down.
Next I had this guy in the area rudely screaming at me not to take his picture, and no matter how much I told him I wasn't taking HIS picture, he wouldn't stop and said he was going to call the police. I told him go ahead certain that the United States Court of Appeals CLEARLY states that I do not need anybody's permission to take pictures of a hot dog vendor on a public street for newsworthy purposes. I think the history of my site makes it clear that I am not just out here on a whim. It would be rather difficult to produce an effective photo story of Monroe Avenue at night, without photographing the goings on that make Monroe Avenue "newsworthy" to begin with.
It just so happened that at that moment a Police car went by, with no less than a Lieutenant in it, and he is the one who told me "Go photograph another hamburg stand or you will spend the night in jail" I told him that I was out minding my own business, and that I publish a web site, and that I felt my first amendment rights were being violated, that he was interfering with my right to publish. He slammed on the brakes and told me again that if I didn't move on he was going to put me in jail.
I walked the two blocks back to my home and called the 911 center to file a complaint. I was put into contact with the Lieutenants supervisor. While I tried to explain that I had a legitimate purpose for taking those photographs, he countered with the idea that I do not have the right to take pictures of private individuals in private places. I said it was a public place and that I was taking pictures of the hot dog stand itself that was located on the city sidewalks, not any particular individual. AND, in particular, I was not intentionally taking pictures of the person who was complaining the most, in fact, what it boils down to, is this, I was threatened with jail because someone THOUGHT I might be taking their picture.
The Lieutenants supervisor also explained to me that I do not have the right to take a picture of a private individual, because, for example, if I took a picture of his three year old daughter, I might use it for pornography. When I interjected, that I did not even want to go there feeling it was extremely inappropriate, and resenting the implication that somehow taking pictures of a hot dog cart equates to kiddie porn, he hung up on me.
I feel Monroe Avenue, and the area, or any part of the city of Rochester for that matter, is worthy of photographing. I have already PUBLISHED over a years worth of photos of Monroe Ave, the city and events in this city on my site. I cannot even begin to express how upsetting it is to be told that you will be arrested if you do not stop taking photographs.
I was told it was harassment, I was told that I was creating a disturbance, and yet all I was really doing was pointing my camera on a public street.
My understanding of the law is this: You may not use an individuals photo for the purpose of advertising without their permission. An individuals image taken in public may be used without their permission, IF it is relevant to the story, and that is NEW YORK law.
Now I think a review of my site will show, that in general, in crowd scenes, you will see lots of the backs of peoples heads. I have never published anybody's image against their will, and I will gladly take down any persons image who requests that I do so provided the send a photo copy of their license. BUT, I will not be screamed at by the "SECURITY" of a hot dog cart in First Amendment matters, and I will not cater to RUDE people who think that my camera revolves around them personally.
I do not think it is the individuals right, to have the police threaten me with arrest, because they THINK I am taking their picture, especially when I have a legal right to take a photo of a hot dog cart, that requires a city permit, and a health inspection while on the taxpayer funded sidewalks.
Stay tuned, this is far from finished.
Ron_M