Man Detained After Photographing TSA Officials
Wrongfully informed that it was a "federal offense" to take pictures of security area
A photographer who writes a blog about airline travel was wrongfully detained after photographing TSA officials at Bradley International Airport in Hartford, Conn. last week.
Steven Frischling, who pens Flying With Fish, had just finished taking photos when he was detained by a Connecticut State Trooper who told him it was a “federal offense” to take pictures of TSA officials.
That happens to be a lie as TSA confirmed on its own blog last year.
We don’t prohibit public, passengers or press from photographing, videotaping, or filming at screening locations. You can take pictures at our checkpoints as long as you’re not interfering with the screening process or slowing things down. We also ask that you do not film or take pictures of our monitors.
However… while the TSA does not prohibit photographs at screening locations, local laws, state statutes, or local ordinances might. Your best bet is to call ahead and see what that specific airport’s policy is.
As we learned this week, some airports do have a policy of forbidding photography of security areas, including San Diego International Airport.
It is likely that these ordinances are unconstitutional, only they haven’t been challenged yet. I imagine that might happen sooner than later with all the scrutiny TSA has been enduring this month since the introduction of the x-ray vision scanners that allow them to see through your clothing.
Frischling, who had written about TSA’s policy on photography in the past, informed the trooper that he was allowed to take photos before asking the trooper if he was free to go on his merry way.
’The trooper, of course, said no. A TSA cop then joined him.
I asked the Trooper if I was being detained and I was informed that in fact I was being detained and that I was not free to leave the terminal. The Trooper informed me that he was waiting on a representative from the TSA’s Office of Law Enforcement and reiterated that I was in “big trouble.”
Moments later a plain clothes TSA agent, who I had encountered while shooting, but who never identified himself as a TSA agent, approached the Trooper. The TSA agent would not identify himself, or in what capacity he was employed by the TSA when I enquired… so I was unable to determine if he was a Supervisor in plain clothes or in fact he was from the Office of Law Enforcement.
Frischling ended up calling TSA public affairs at (571) 227-2829, which in turn called the TSA cop, informing him that photography was, in deed, allowed at TSA checkpoints.
Frishling was free to go after being detained for 20 minutes.
Meanwhile, in Salt Lake City, TSA officials tried to intimidate a man who had videotaped a child being strip searched into deleting his video – prompting two Congressmen into writing letters demanding to know why he was harassed.
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Comments
What I almost find more disturbing is that the person would not identify who they were. Law enforcement officers are required to identify themselves as such and produce credentials when requested to by the public. I'm not talking badge either. All law enforcement officials must carry their issued identification cards/papers on their persons while on duty. I should know, I used to be a cop.
At the point where the person would not identify who they are or what crime I was being charged with I would have got up and proceeded to leave. In most states a person has the right to resist an unlawful arrest, up to and including the use of deadly force (please note I am not advocating that. i am merely explaining the law). A person who refuses to identify who they are or what crime I am being charged with is in fact kidnapping me, by detaining my movement. or at the least it is false imprisonment.
Until the average person wakes up, reads the law, the constitution, and begins to understand how much our freedoms are in jeopardy we will never "fix" these issue.
So on reading Frischling's blog post, I have to wonder if the trooper was clueless and lied to, or clueless and a liar.
[EDIT]
I also note that he was good enough to produce the magic numbers he was able to call while being detained. I think a number of commenters on his site are right: having these numbers immediately at hand and perhaps knowing people on the other end probably had more more influence over his outcome than anything else.
TSA Public Affairs
(571) 227-2829
http://www.tsa.gov/contact/index.shtm
Members of the traveling public who believe that they have been unlawfully discriminated against by a TSA employee may contact the External Compliance Division in the Office of Civil Rights to have their concerns addressed, by sending an E-mail to TSA.OCR -ExternalCompliance@dhs.gov or by calling the Office of Civil Rights.
The Office of Civil Rights can be reached toll free at 1-877-EEO-4-TSA (1-877-336-4872) or (800) 877-8339 (TTY), or by E-mail at TSA-ContactCenter@dhs.gov
contact the Ombudsman, phone 1-571-227-2383 or 1-877-266-2837 toll-free.
E-mail: TSA.Ombudsman@dhs.gov
One of our photojournalism Students at Western Kentucky University shot this video at the Nashville Airport and handled it all very well, eventually putting the officer in his place about the rules as they're stated on the TSA site. Luke Sharrett, the photographer was a 1-year intern at the New York Times and was assigned to the White House press pool.
Here's the link to his video.
http://www.youtube.com/watch?v=Eq4E9MkTUIU
Josh Meltzer
Photojournalist-in-Residence
Western Kentucky University
"Law enforcement officers are required to identify themselves as such and produce credentials when requested to by the public."
That is such a pre-911 mentality.
Welcome to the New Order whereby not only
do you not have a right to face your accuser,
now you don't even get to find out
your accuser's identity!!
you know, I remember they didn't like you shooting photos in airports back when I was in Pakistan
I've also been detained after taking pictures of my daughter going through screening at O'Hare. I was also told it was 'against the law' to photograph TSA screeners at a security checkpoint. At that point I was about twenty feet away from the checkpoint, and standing off to one side.
When I asked to see the 'law', they only summoned two more screeners who began asking questions like who I was, why I was there, who I worked for, etc. When I refused to answer, they summoned a Chicago cop. The cop initially agreed with the TSA agents, but when I asked him if I had broken a federal, state, or city law, he just walked away.
I finally just turned and walked away also, with two of the TSA agents shouting after me.
I emailed my county airport (Monroe County home of Rochester NY) about any county laws restricting photography and this is what they sent me:
"Good morning. In order to be permitted to photograph at the airport, you need to submit a formal request including the date and time you would like to take pictures here. Also, you will need to include the purpose of taking the photographs. Is it for an education purpose? For publication? You will need to be as specific as possible.
Once this request is submitted it needs to be approved by the appropriate personnel here. If it is approved, you will then need to fill out a hold harmless/indemnity agreement form.
Please note that the Greater Rochester International Airport DOES NOT allow any photos to be taken in or near the Security Checkpoint.
Thank you. "
I emailed the County attorney asking if there were any county laws restricting this.
I just may have to go to the airport anyways.....
I emailed my county airport (Monroe County home of Rochester NY) about any county laws restricting photography and this is what they sent me:
"Good morning. In order to be permitted to photograph at the airport, you need to submit a formal request including the date and time you would like to take pictures here. Also, you will need to include the purpose of taking the photographs. Is it for an education purpose? For publication? You will need to be as specific as possible.
Once this request is submitted it needs to be approved by the appropriate personnel here. If it is approved, you will then need to fill out a hold harmless/indemnity agreement form.
Please note that the Greater Rochester International Airport DOES NOT allow any photos to be taken in or near the Security Checkpoint.
Thank you. "
I emailed the County attorney asking if there were any county laws restricting this.
I just may have to go to the airport anyways.....
"Connecticut State Trooper who told him it was a “federal offense” to take pictures of TSA officials.
Has the CT state police been accorded new federal jurisdiction recently ? We're not doing the Federal-State thingy anymore ?
I was once a hall monitor in school. Would I have federal jurisdiction now too ? You know, because of 9-11...and terrorists and such.
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