ACLU says it intends to sue Maryland transit agency for trying to stop photographer from taking pictures

This is a photo of a Maryland Transit Administration train in Baltimore that was posted on Flickr. Photo by skabat169.

A very interesting story ran earlier this week in the Baltimore Sun: The American Civil Liberties Union of Maryland has said it intends to sue the Maryland Transit Administration because transit police tried to stop a pair of photographers from taking pictures of trains and other transit infrastructure.

The ACLU contends that in this case photography is a protected First Amendment right. Excerpt from the story that neatly frames the issue:

The right of photographers to take pictures in public places has been a point of contention virtually since the invention of the camera. But the disputes have become more frequent — and more contentious — since the terrorist attacks of Sept. 11, 2001, which prompted police to challenge individuals who take photos or video of public infrastructure as potential security risks.

Civil libertarians and rights advocates say police have been given no new powers to curb photography since 9/11. In many cases, they say, police are making up laws and rules on the spot and issuing orders they have no right to give.

The Maryland Transit Administration declined comment on the prospect of a lawsuit but said its media guide requests that people request permission from the agency before taking photos.

Attentive readers of The Source know why this is a relevant issue: Our “Art of Transit” posts feature photography of transit systems across the globe on a daily basis. Furthermore, I frequently encourage readers to take photos of Metro’s system because I believe it’s a creative and fun way to show readers the Metro system.

As I’ve noted before, Metro does have photography guidelines:

  • Only permissible in public areas, proof of fare required in marked fare required areas (station platforms of all rail stations and the Metro Orange Line)
  • No commercial photography without prior authorization and consent from Metro
  • Hand held equipment only, no tripods are permitted
  • No photography inside moving trains for privacy and safety reasons
  • No flash photography, especially into oncoming transit vehicles (rail or bus)
  • Photography must not interfere with passenger safety or movement at any time

I don’t believe these guidelines are overly burdensome. One issue briefly alluded to is the taking of photos of strangers — an issue that photographers must contend with everywhere.

On this front, I’ll say this: if you intend to publish a photo of a stranger, the courteous thing to do is ask their permission. As for the “Art of Transit,” I do consider the privacy of all transit passengers when selecting photos for The Source.

As for the larger issue of allowing photography of our transit system, I’ll say this: if I thought it compromised the safety of passengers or employees of Metro, I wouldn’t encourage it. But I believe photography is one of the great tools that humanity has to tell its own story and those who wish to do evil will do so with or without a camera.

 

15 thoughts on “ACLU says it intends to sue Maryland transit agency for trying to stop photographer from taking pictures

  1. Hi Spokker;

    I think the original post explains my views and I that I think it’s an important issue.

    As far as I know, there are no official records, nor am I aware of any need for an investigation. I’ll repeat again what I wrote earlier — I have not had problems taking photos of Metro buses or trains, nor do I hear about people having problems. As far as I can tell from your most recent comment, nor do you have any actual evidence it’s a problem for Metro patrons.

    Steve Hymon
    Editor, The Source

  2. “As far as I can tell from your most recent comment, nor do you have any actual evidence it’s a problem for Metro patrons.”

    It has been documented in print and in video. It has happened on the Red Line. It has happened at Union Station. Some have come here to tell their story. In the past, photographers staged a large photography shoot on the Red Line in protest of harassment. There is evidence that it happens, and that it happens at all makes it a problem.

  3. Last year at Aviation Station, I heard someone being told to put their camera away over the PA.

  4. Ok, this is getting silly.

    I feel bad for Steve for having to field ridiculous questions on here. He BLOGS FOR METRO. There’s no way he would know some of the questions you’re asking…you act like he’s THE security expert at Metro, and knows all and is responsible for all.

    Here is my “secret.” I’ve had pics on here before, and take pictures of transit/transportation whenever I get the chance.

    Secret:
    Security: “Show me your pictures.”
    Me: “Sure!”
    Security: “You can’t take pictures.”
    Me: “Ok!”
    *waits for security to leave or goes to other location/station/area*
    *continues taking pictures*

    There you have it. You’re welcome for that valuable information. The secret is to care less about silly things.

  5. Its disappointing that taking pictures while inside a train or bus is not permitted since people generally are not concerned about privacy on public transit and the main reason people do it is to simply document the riding experience of a transit line, mainly with camera shots looking out the window. If anything, taking in-transit photos or video promotes a system and allows people to have a better understanding of what to expect on said transit vehicle or line.

    “…and those who wish to do evil will do so with or without a camera.” I completely agree and I really don’t believe there is any rational basis for claiming this somehow aids terrorists in anyway more than just fear mongering.

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