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The war on photography-a big name fights back

Posted by Hank Eisenstein on Wed Nov 16 15:21:55 2011

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http://www.myfoxny.com/dpp/news/mta-accused-of-unconstitutional-rules-20111116-lgf

MYFOXNY.COM - The Metropolitan Transit Authority is being sued over rules that prohibit photography in the subway and requirements that riders carry identification.
The suit it being filed on behalf of two railroad enthusiasts. Steve Barry and Michael Burkhart were arrested in August 2010 while they were taking photos of subway trains at the Broad Channel subway stop in Brooklyn.
At the time, they were awaiting the arrival of a vintage subway train on display by the New York Transit Museum. The pair were taking photos of regular subway trains while they waiting.
A police officer told them that they were not allowed to take photographs in the subway system.
"This was a baffling and upsetting experience," Burkhart said. "Taking pictures of a subway train is not a crime. It's disheartening to think that we're not the first people to be arrested for this and that it could happen again to anyone."
Barry asked the officer to identity the city statute that they were violating. Instead, the officer demanded ID from both men. Barry gave his name and address but did not present identification. The officer handcuffed Barry and searched his pockets.
They both were charged with unlawful photography, and Barry was charged with failing to produce ID in violation of a Transit Authority rule.
..more at link.

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