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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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Re: The war on photography-a big name fights back

Posted by The Silence on Wed Nov 16 15:40:54 2011, in response to 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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Broad Channel subway stop in Brooklyn

smh

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Re: The war on photography-a big name fights back

Posted by R36 #9346 on Wed Nov 16 17:08:32 2011, in response to Re: The war on photography-a big name fights back, posted by The Silence on Wed Nov 16 15:40:54 2011.

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Next, they're going to say the Rockaway Peninsula is part of Nassau County.

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Re: The war on photography-a big name fights back

Posted by mike cruz on Wed Nov 16 17:15:20 2011, in response to 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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Bout time someone stands up for us!

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(1117711)

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Re: The war on photography-a big name fights back

Posted by Kriston Lewis on Wed Nov 16 17:45:10 2011, in response to Re: The war on photography-a big name fights back, posted by R36 #9346 on Wed Nov 16 17:08:32 2011.

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That is where the power comes from anyways.

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(1117716)

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Re: The war on photography-a big name fights back

Posted by Chris R16/R2730 on Wed Nov 16 17:48:18 2011, in response to 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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This is the good fight, folks. More power to them.

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Re: The war on photography-a big name fights back

Posted by AMoreira81 on Wed Nov 16 17:49:12 2011, in response to 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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I think that I witnessed that incident.

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(1117788)

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Re: The war on photography-a big name fights back

Posted by Allan on Wed Nov 16 19:32:24 2011, in response to 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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IMHO, Steve Barry and Mike Burkhart are going to have a disappointing time in court.

The incident happened in 2010. The MTA rules ALLOWING photography were well in place so the statement "...over rules that prohibit photography in the subway and requirements that riders carry identification." will not stand legal scrutiny.

The MTA statement "that there are no rules prohibiting photography on the trainsit system. A spokesman went on to say that there also isn't any rule requiring people to carry identification in the subway system.: is 100% correct.


I think that the part of the suit against the MTA will be dismissed.

I also think that the fault lies totally with the NYPD specifically the officer(s) involved. If you recall the NYPD issued an operations order (14) in April 2009 advising all members of the NYPD that photography is permitted.

http://www.subchat.com/read.asp?Id=786873

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Re: The war on photography-a big name fights back

Posted by Terrapin Station on Thu Nov 17 07:17:13 2011, in response to 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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Yes, this event is very well known. Glad to see they launched the lawsuit.

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