Lawsuit Filed, Protest Planned Against Ft. Lauderdale Over Photography Ban

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Just over a week after we reported that Ft. Lauderdale police were creating their own laws to harass photographers outside a movie set, the issue has been picking up steam.

First, the National Press Photographers Association fired off a letter to the mayor and police chief demanding officers to stop harassing and threatening photographers.

Then, three local news agencies reported on the situation, including the South Florida Sun Sentinel, the Broward New Times and CBS Local.

And today, a local attorney, activist and publisher filed a lawsuit against the city, seeking an emergency injunction against their illegal actions.

And if the matter hasn’t been resolved by Friday, we will descend upon the area in mass armed with our cameras to photograph the hell out of those cops.

The suit was filed by Norm Kent, publisher of the South Florida Gay News, along with the South Florida Chapter of the Society of Professional Journalists.

According to the SPJ press release:

If the city doesn’t rescind its policy, on FRIDAY, JUNE 17, noted South Florida photographer Carlos Miller will join SPJ for a “lunch-in.” Professional photographers and citizen supporters of the First Amendment will descend on Southwest Second Street at 1 p.m. to buy lunch – carrying and clicking their SLRs and smartphone cameras.

We can’t call it a protest because then we would need a permit as unconstitutional as that sounds (and yes, I'm aware I'm using the word in the headline).

So we are officially calling it a “lunch-in” because we plan to grab a bite to eat from one of the many restaurants in the area where photography has not been allowed since filming of the movie began this month.

The movie, Rock of Ages, stars Tom Cruise, Alec Baldwin and Catherine Zeta-Jones among other notable stars.

Filmmakers have rented a nightclub called Revolution Live and have received a city permit to shoot in the business district surrounding it.

However, under the city’s approval, filmmakers posted signs throughout the three-block radius stating that trespassing and photography is not allowed – even though the area continues to be open to the public.

Police and city officials told the Sun Sentinel that people are welcome to walk though the area to buy lunch, but they are not allowed to take pictures.

Even though the signs refer to an ordincance that have nothing to do with photography or trespassing, city officials told the Sun Sentinel that they are confident they are abiding by the law.

City officials on Wednesday said they could not identify which ordinance governs the situation. Little said an attorney who is "an expert in film permitting" could not be reached.

Obviously they need to learn a lesson in basic Constitutional law.

So if you live in South Florida, come join us on Friday.  SPJ might even spring for a slice of pizza.

And you never know, you just might end up with a photo of Tom Cruise.

But I would rather photograph Catherine Zeta-Jones.

 

Comments

You'll need a short tripod for Tom.

hal

maybe use one those table top tripods....lol? those itty bitty ones.. :D 1pm hey?

ill be there if i am able to. i love pizza, one topping or so, or just cheese?

If the filmakers posted the signs, then the signs have no force of law. It might be worth checking the city ordinances for posting of signs by private citizens on public right of way (in particular, attached to signage placed by the city per city orders). Where I live, that is illegal and 'subjet' to as much as a $2000 fine PER violation! How many signs are there?

Is a 'subjet' something less that a 'superjet'

hal

john: two that i saw myself. but it also matters i would think where the buck stops here with FLPD. they have stated the signs were for real, so it would get very interesting with this lawsuit that was filed, which i read and think is very good.
may i borrow some it so I can also file?
the answer should be good, what a bunch of jackasses!
thing is about the answer, they have like 30 days to answer, way after its all wrapped and they are all gone back to HOLLYWOOD.

if there are any other pleadings in that case, please post them.

City Ordinance 16-1 is basically meaningless. It just says you can't do that here.

[From a 2008 District Court Appeal} "The actual text of M.O. 16-1 is not especially
significant. It is sufficient to accept that it makes unlawful under city
ordinance the commission of any act within the city limits that would
constitute a felony or misdemeanor under state law or county ordinance.
The stated penalty for this violation of M.O. 16-1 is the penalty provided
by state statute for the same conduct."

Actual statute language:

Sec. 16-1. State offenses and county ordinances adopted.

(a) State felony. It shall be unlawful for any person to commit, within the corporate limits of the city, any act which is or shall be recognized by the laws of the state as a capital felony, felony of the first degree, felony of the second degree, or felony of the third degree.

(b) State misdemeanor. It shall be unlawful for any person to commit, within the corporate limits of the city, any act which is or shall be recognized by the laws of the state as a misdemeanor.

(c) County ordinance. It shall be unlawful for any person to commit, within the corporate limits of the city, any act which is or shall be recognized as a violation of any county ordinance which is effective within the city.

(d) Penalties. Any person convicted of violating this section, regardless of whether adjudication is withheld shall be punished in accordance with the penalty clause of the state statute that the person, corporation or entity was convicted of violating.

Couldn't that also apply to the film crew themselves? Catch a felony on tape? There are so damn many and different ones for areas I'm sure it could get interesting. Call a by-law enforcement agent or something?

Also, doesn't that whole sign look a bit fake? If not, the word 'prohibited' looks like it was printed on a label maker or something. Needs something clever.

That law sounds like an end run that was put in place so their municipal law enforcement people can enforce any statute.

For example, a guy employed to be a building inspector can arrest someone for assault or murder, without having to use the normal requirements for citizen's arrest. They would only have to satisfy the municipal offence requirements.

The odd thing is, that it has nothing to do with the offence that is stipulated in the sign, unless the underlying offence is a "State offence"

If that is the case, why not just quote the State law?

I hope that the injunction is successful. I'm sure the judge would see the underlying desire to limit photography through BS application of an inappropriate law.

Best of luck!

It would be interesting if one of the business owners allowed photographers into their business and to take pictures from there. I know that you should be able to take pictures from the sidewalk in a perfect world, but if the street is technically closed to all those that they don't want there through the use of a permit, then they can get you for trespassing. Once you remove trespassing, I'd like to see what they could try to throw at you.

No, its developed for under water..... A spelling mistake. Sheesh.

Cross out the S in Arrest and the B in subjet and you have french! sujet = subject/class. Arrêt = stop/shutdown.

Violators can cut classes? Awesome!

You guys should rent a helicopter, and photograph and film the whole scene. Or even better, a blimp. Hot air baloon would also fit the bill.

How much will it cost to rent a blimp and get it outfitted with the text "photography in a public space is as illegal as eating cornflakes" on the sides?

hal

@POPO2:
thats all well and good, that would only leave to fight another day, they would still be able to tell us we cannot do something that is legal on property that we own, "public land". that is payed for by me and you, and its owned by me and you. not just any jackass that writes and passes laws! and that, i think it is worth fighting for against those that would try to take it from us in this manner.
and about what you said, i think they would tell the owner, they either shut down business or lose their business license, and as a business owner, that is an "offer you can not refuse"

Wish I lived closer so I could attend! Hope you all have some success! You may want to consider having some people to discreetly record the photogrpahers, I mean lunch, hehe, so in the event the police try something, thier actions could be recorded. Kinda the "smokin gun" to show the photographers were not trespassing, acting disorderly, obstructing justice, etc. I see several professionals are getting involved. Anyone thought about contacting the ACLU. After all it is government interferring with the people's rights. Please keep us in the loop! Getting tired of all this silliness against photographers!

Wow, people are really going to waste a day of thier life so they can try to get a picture of Tom Cruise?

Ideot!

hal

well when people like you waste time posting crap like that statement, anything is possible. :(

i may be there and its not to get TOMS image to post online or anywhere. its to make a statement of what is going on with those stupid signs, and the people trying to enforce something that is not illegal! photography in public areana, in the USA!

now randolph, if you now get someone to assist you, there may be a chance you may even comprehend that concept!

joe

i believe there is a action called quo warrento that basiclly says if the city under its corprate liscense fails to uphoald the constitutional rights of its citizens they lose their their liscense and all money goes to a court appointed overseer and the city is out of buisness. might be worth checking into a more powerful weapon to be used against these kind of abuses.

i believe it was used in michigan for Dr. kevorcian and with this lawsuit they dropped all charges and left him alone

My biggest disgruntlement is that the author of the above article did not mention Mary J Blige as an actress in the upcoming film...as previously noted in the original article http://www.pixiq.com/article/fort-lauderdale-police-rewriting-laws-to-ha...

Either way I support the efforts ;)

IN L.A. where I lived for 25 years I saw more film shoots than I care to remember but never do I recall photog'ing a shoot being made into an issue. This strikes me as largely a reflection of FTL's (and the south's) conservative conception of justice and more precisely of free speech.

I'm surprised, however, that targeting the film production company hasn't been proposed as a tactic. If they are on board with this latest assault on the 1st Amendment rights of photojournalists and Joe Citizens with cameras, they need to be made aware that boycotting the film is always an option. Most of what we call "Hollywood" is quite sensitive to bad press and moreso to bad ticket sales.

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