Pixiq

Guidelines? Thats not going to stop LEOs from doing it.

I don’t really want to take sole credit for this. Lots of people have worked on this. The lawyers for the NPPA and the NYPPA have done a wonderful job. I only did a small part.

I searched all over for Amtrak Photography Regulations before I went to Pennsylvania Station NY on Dec. 21, 2008. I couldn’t find anything other than some arbitrary comments about some rules that were claimed to exist. Amtrak is a government controlled corporation and can’t arbitrarily make rules or regulations.

Under the Title 49 Code of Federal Regulations Part 701 Amtrak Freedom of Information Act Program and a couple of Executive Orders, Amtrak is required to maintain an electronic reading room that contains all materials that effect how it deals with the public. Thus if they had a proper photography policy one would expect that it would be published in the reading room. One would also think that the definitions of public and private spaces in train stations would also be published. Yet there are no records in the electronic reading room. I’ve filed a FOIA request with Amtrak for both of these things which you can read here, http://www.duanek.name/Amtrak/PennStaNYpublicareasFOIA1.pdf. This week I was informed by the FOIA office that I can expect a reply to this request on Feb. 6. At this time I expect no photography policy and a copy of this document, http://www.duanek.name/Amtrak/PennStationRulesofConduct.pdf.

If Amtrak wants to make rules it has to have a public rule making process and invite public comment on any rules it makes. It than has to properly publish the rules and train it’s police force.

This is just the first step in getting something that’s fair and balanced from Amtrak.

From the NPPA article about the new guidelines…

“In last week’s exchange between NPPA and the railroad’s lawyers, Domzalski said that Amtrak police officers had been issued “specific guidelines” regarding the “rights of passengers, patrons, or the public-at-large to take photographs or video record in public space areas.”

“These guidelines also state that Amtrak police can investigate activity of photographers that is reported or observed to be suspicious in nature,” he said.”

An important question is… Do AMTRAK’s new guidelines clearly explain to their officers that, even when investigating scary suspicious photographers, they cannot ask or compel a photographer to delete his digital images or pull out a roll of film to destroy the negatives???

Also, NPPA’s support on this issue naturally concentrates on professional photographers and photojournalists, but care should be taken to insure that the AMTRAK photo policies apply equally to amateur photographers. The only reason I bring this point up is that in a couple of parts of the NPPA article it seems to concentrate on pros through the uses of words like “photojournalists”, “media”, “breaking stories”, etc.

Since “photography is not a crime” access to public areas of even private property should be equal, regardless of professional credentials. Those credentials have their uses but should not be a requirement for photography in public places.

I can’t actually find the new guideline’s on Amtrak’s website. So much for them being easy to find.