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Re: Another Update: The CCRB Called

Posted by JPC on Fri May 4 16:08:42 2007, in response to Re: Another Update: The CCRB Called, posted by tankertom on Fri May 4 14:27:14 2007.

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$3000 to $15000? The lawyer will probably end up getting most of it.

Lawsuits that settle out do not generally result in sweeping changes to existing procedures. That's what I meant when I said the case would (at best) be settled and that's the end of it. They settle, pay out to who they have to, and go back to what they were doing before.

Only if there is intense media coverage, only if bigwigs are subpoenaed to testify, only if large-scale investigations take place, do such grand changes take place.

And honestly, unless there is a SERIOUS breach (i.e. a detained railfan photographer died in police custody, or the photographer who is harassed is an award-winning world-famous documentarian with connections in high places) will that take place. Stopped for a little while, cuffed and your photos deleted just doesn't cut it.

Civil courts are primarily damage-driven, in that the size of their actions is proportional to the amount of damage done. No damage, no action. Little damage, little action (such as an out-of-court settlement).

Having your pictures deleted and being cuffed for a little while qualifies as little damage.

On the other hand, by choosing mediation, there is at least one officer out there who knows that we exist, who knows that subway photography is legal (within the limitations of 1050.0(c)), that the proposed photoban was just that - proposed, and then dropped - and that we do not represent a security risk the way some would have everyone believe.

And one is a hell of a lot more than zero.

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