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New York City Transit Authority Board to Ban Photography
Dave Bushnell has sent me a disturbing email this morning, to let everyone know that the New York City Transit Authority Board may today impose a ban on all photography on its system (bus and subway). This has been threatened before early in 2004, but now it looks as though the ban will go ahead after all.
Over to Dave:
“An article in the New York Times this morning brought to light the fact that the New York City Transit Authority Board is about to approve a sweeping ban on photography in the New York City Transit system as a supposed anti-terrorism measure. Adoption of this rule would mean that the transit police would have the authority to arrest anyone using a camera on a bus or subway including tourists, artists, and journalists. This was the straw that broke my particular back in my tolerance for broad, anti-intellectual, unenforceable, publicity-driven measures that significantly hasten our march towards a full-out police state while quietly failing to provide the safety they promise.”
“I’m not a professional photographer, but I do take photography as a hobby seriously, and in the best of scenarios this measure would require me to get a series of permits, through an as-yet undefined process, in order to take a single picture in the subway or face arrest. I’ve decided that if I can’t find a way to fight the big battles, then the least I can do is fight a small one that has some broader meaning in the issues I care about and, if you can, I’m asking for your help.
The Transit Board is required to have a 45-day comment period prior to any rules change and, unfortunately, today’s Times article came out just one day before this particular comment period expires on Saturday, January 8th. Fortunately, the MTA has an e-mail comments submission process that will get to them in time.
I’ve attached a link to the New York Times article below so you can see what is at stake artistically, and a link to a press release from the American Society of Media Photographers so you can see the chilling effect it will have on the ability of the press to freely report the news. The last link is the Transit Board’s comments form. I’d like to sincerely ask you to urge your readers to visit that form and submit a comment in opposition. As you probably know, these things are generally a matter of volume, not length, so a simple, polite, statement of opposition is enough to make a difference so this shouldn’t take much time at all. I’ve attached the comment I submitted below, but there’s no need to vent on my scale.
Again, thanks very much for taking a moment to read this. If you feel you can, please urge you’re readers to submit a comment and forward this e-mail to other caring people. I think that if we fight these small battles when we can, the big battles might take care of themselves.
Thank you!
—Dave Bushnell”
Today’s New York Times Article
The New York City Transit Board Comments Submission Form
To the Board—
I have never written a letter like this before, but an article in the New York Times prompted me to call your office and find out how to comment on your proposal to ban photography in the New York Transit System.
Please understand, I believe strongly in taking measures to ensure our safety, and I have even placed a call to 911 to have a suspicious package investigated as we are being requested to do, but this proposal will so broadly restrict my rights for no appreciable increase in safety that it is a significant step backwards.
Actual terrorists have a broad array of widely available tools available to them to circumvent this ban and still take pictures. Anywhere on the Internet and in many consumer catalogs are available pinhole digital cameras with crystal-clear photography and video capabilities for under $100. So with this ban you would ask us to pay a huge price for a safety benefit you cannot deliver—it’s putting a big lock on a screen door.
As you can probably guess, I am a photographer. I’m not a journalist, just someone who gets tremendous satisfaction from his hobby. I don’t take candids of people who don’t know I’m taking pictures, and I respect people’s privacy, but the subway is a wonderful environment for photography and a consistent source of great work for me. You would take all that away.
I keep a list of ideas for pictures I’d like to take in the future, many ideas on that list right now are things like light falling through the overhead grates at the 103rd Street 1 line station, or unique views of the sculptures at 14th Street. You would simply have me throw those away? Move outside? Submit to a permit process to pursue my hobby?
I appreciate the fact that someone learned that terrorists were taking pictures of US facilities and proposed this idea, but please don’t let our fear prevent you from realizing the considerable unintended consequences of your actions. Please don’t just act for the sake of acting. I urge you to disapprove this rules change.
Thank you.
—David Bushnell
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#1 Nicholas
The NYC subways always had a sign indicating taking pictures is not permitted, this was basically to prevent snapshooters from falling onto the tracks as they stepped backward to frame a shot.
The story indicating that a bus will be included as well is outrageous.
The real problem, as I see it, is that the various governmental agencies (in the US) are bureaucratic in nature.
They see the 9/11 issues as a means of re-enforcing the reason for their own existence.
They do such things on instinct for their own self-preservation,with no thought or concern of their actions on the rest of the population. They could care less for freedom, they are far removed from freedom's price and freedom's reason for being.
All this may seem to be a bit of a reach, but in my opinion, I believe i have detailed the root problem us photographers are encountering. And this is occuring across the entire spectrum of life in the US, not only to photographers.
The solution? Do we 'turn the other cheek',
or do we 'call to arms - revolt'?
Bureaucratic institutions die hard. Remember when Romainia fell? Who do you think the US is fighting in Iraq?
Maybe we should elect the bureaucrats and appoint the politicians. And then reverse this every other election period.
You know...this sounds like it might be a pretty good idea, even coming from a photographer.
Regards, Nicholas
12:01 pm - Saturday, January 8, 2005
#2 Bob Wray
I hope that you do not mind, but I took yours and Dave Bushnell’s story as the main headline for my own little website. My reasoning is simple, the more folks that know about this, the better the chance that we will not have to tolerate imposing (and dumb) regulations. If permissible to steal your story, I encourage all other website owners and bloggers to do like wise.
Who knows, with thousands of photographers standing in line taking snapshots of terrorists taking snapshots of the transit system, maybe, just maybe, the terrorist might reconsider their plight.
4:55 pm - Saturday, January 8, 2005
#3 saadiq
I'm not sure if you meant to include a link to the area for submitting comments to the MTA but here's the link:
http://mta-nyc.custhelp.com/cgi-bin/mta_nyc.cfg/php/enduser/ask.php?p_prod_lvl1=2&p_cat_lvl1=43
6:41 pm - Saturday, January 8, 2005
#4 Jerry White
I don't live in New York but I have been there on three occasions. On one of these occasions I had to use the subway system as transportation. Not because I didn't have my own transportation but because I had to experience New York from a New Yorkers perspective. Back then I was in the Navy and my co-worker/ friend and I traveled along the subway checking out the sites. Yes we did take pictures and hardly any of them came out good. All the people on the subway for the most part all seemed in good spirit. You see to us military personnel who were here during fleet week were experiencing something that not many people do get to experience in quite this way. Freedom to do anything we please in the confines of the laws provided. To be honest I did not see the no pictures sign in the subway
and probably would have followed the rules if I did because that's the way I am. I understand the importance of rules and regulations, but to impose a law that would give terrorist what they want (TERROR) is ludicrous.
7:19 pm - Saturday, January 8, 2005
#5 Freelance Photographer
On my home page is a photo I shot right when the ban was originally announced around thanksgiving 2004.
I hope to be able to get a permit when they are available. I wonder how is one supposed to transport cameras when in the subway or bus. Will I have to put it away and not wear it around my neck?
11:54 pm - Saturday, January 8, 2005
#6 Freelance Photographer
Here is the link I just posted: Street Photography
11:55 pm - Saturday, January 8, 2005
#7 Nicholas
Bob Wray,
I assume you mean Mark's and Dave's stories.
My comment here does not make a story, just my opinion (which I believe is a 'valid' one).
Is there a chance that a Bureaucrat may visit your site?
If so, you are hereby free to include on your site my comment in its entirety as it is posted above. (as long as this does not violate the rules here at PhotographyBlog).
Yes, we photographers find ourselves on the frontline for Freedom whether we realize it or not. We must stick together.
Regards, Nicholas
11:58 pm - Saturday, January 8, 2005
#8 Peter Knapp
You don't need to make an argument that simple freedoms are being trampled upon here. This is just plain ridiculous. What's at stake is a serious loss of perspective.
A committed terrorist would be able to do covert surveillance using equipment bought on the internet just like most under cover journalists do.
To take away the ability to take a couple of shots on an obvious camera would not change that!
2:09 am - Sunday, January 9, 2005
#9 Nicholas
Your statement:
"You don’t need to make an argument that simple freedoms are being trampled upon here. This is just plain ridiculous. What’s at stake is a serious loss of perspective. "
Serious freedoms are being taken away by un-elected bureaucrats. This is not ridiculous, this is terrifying.
These people have no 'perspective' to lose, as you say. Their intentions is to win on their own terms no matter what. You can not restore their 'serious loss of perspective' with reasoning or logic.
They rather enjoy ruling by fiat.
This is a loss of our freedom. Such loss should not be rationalized, IMHO.
Regards, Nicholas
8:36 am - Sunday, January 9, 2005
#10 Dave Bushnell
Hi folks!
Just a quick note to tell you how happy it makes me to see your comments. Sometimes when you decide to take action on something like this and start sending e-mails around, you can feel a bit like a voice in the wilderness.
Mark's responsiveness in getting it posted and your interest and opinions have made this very satisfying, and I appreciate it.
If, despite opposition, the Board decides to approve the rules change, I am not going to let this drop, so I'll keep you posted on any future news.
Thanks again!
-- Dave Bushnell
8:38 am - Sunday, January 9, 2005
#11 Nigel Pond
As a Brit who lived through the worst of the IRA's terror campaign on the UK mainland in the 1970's and 1980's, I am appalled at this proposed rule. The aim of the terrorist is to disrupt our every day lives with their acts and perceived threats of acts. What we shoud be doing is going about our every day lives, flicking a finger at the terrorists, albeit with a more wary eye open to possible risks. Implementing blanket bans on certain activities just because a terrorist might pursue those activities for his own ends is surrendering and giving them what they want.
4:22 pm - Sunday, January 9, 2005
#12 max meier
no wounder, the very near ideologic thoughts of the current US facists and the gone breschnew area is obvious. the us is implementing all the stupis things they blame the gone communists for. but dont worry, the communists ar gone and the US facists will disappear, for sure. I just hope that before they wont be able to make to many fatal mistakes.
7:28 pm - Sunday, January 9, 2005
#13 John Martino
Are not the elected officials in charge of the
bureaucrats. Elect different officials.
BTW now cell phones with cameras will also be in the domain of this Big Brother mentality.
8:58 pm - Sunday, January 9, 2005
#14 nicholas
Hello John and All,
No the elected officals are not in charge of the bureacrats in most societies.
Usually the elected officials must follow 'established protocol' formed by the bureacracy when exercising the authority of their office.
In the US recently a major piece of legislation was passed concerning covert operations conducted by the US government.
This legislation was more to reduce the various agency's (bureacracies) authority to hold priviledged information to themselves and not share it with other agencies.
An analogy can be made between the Pope and the Vatican. The Pope must fulfill his duties within the long established framework (bureacracy) of the Vatican.
Photo cell phones will be no problem once the GPS system is completly installed.
Regards, Nicholas
10:55 pm - Sunday, January 9, 2005
#15 James
Hi guys, just read this, I am based in the UK, the British Transport police over here decided not to stop pictures being taken on railway property and in fact they like 'train spotters' to take pictures as these can be used if something goes wrong and also that 'terrorists' would not like to know that camera totting tourists could be taking their picture and encourage the train lovers to report anything they feel is not quite right
11:16 pm - Saturday, March 5, 2005
#16 Dan Bennett
I recently went on vacation to New York City. while taking a photograph within the Coney Island MTA subway station, I was approached by thisgroup of MTA police goons. They confronted me with the following; " Hey, don't you know that its illegal to take pictures in the subway?" I said I did not, to which he replied that "ignorance is no excuse".He then demanded to see my I.D. The officer threatend me "I'm gonna write you a 60 dollar summons and confiscate your camera".
I went back and read the rules, and it turns out that there is no law against photography in the subway. I was threatened by a "professional" policeman with fines and confiscation of my camera based on a law he made up on the spot! What heck? Is this Chicago?
Are these police people professional or volunteer? Is ignorance an excuse for harrassing tourists? Is there any recourse?
4:05 pm - Friday, September 23, 2005