Can They Shoot Photographers, Too???

August 17, 2011 @ 9:21AM

Can They Shoot Photographers, Too???

Long Beach Cops Are Now The Art Police

By Steve Meltzer

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News

A Photo With No Apparent Aesthetic Value

If you are ever in the vicinity of Long Beach, California please shoot only tasteful, artistic images or you'll end up in the pokey. Yes, photo pals, Police Chief Jim McDonnell say that his police are now authorized to detain photographers taking photos of "no apparent estheic" merit.

Holy, Salvadore Dali! How has it come to this? Who knew that cops were trained as art critics and if they didn't like your work, well you're outta here and on the way to who knows where.

Last June 30th, the Long Beach flics, actually stopped a photographer, who regulalry contributes images to the Long Beach Post, for taking photos of a refinery. You know refinery as in pictureque, peeling, painted, rusty walls. Clearly the cops had not seen or appreciated the work of Paul Strand and are not fans.

"If an officer sees someone taking pictures of something like a refinery," says McDonnell, "it is incumbent upon the officer to make contact with the individual." McDonnell went on to say that whether said contact becomes detainment depends on the circumstances the officer encounters.The policy apparently falls under the rubric of compiling Suspicious Activity Reports (SAR) as outlined in the Los Angeles Police Department's Special Order No. 11, a March 2008 statement of the LAPD's "policy … to make every effort to accurately and appropriately gather, record and analyze information, of a criminal or non-criminal nature, that could indicate activity or intentions related to either foreign or domestic terrorism."

Among the non-criminal behaviors "which shall be reported on a SAR" are the usage of binoculars and cameras (presumably when observing a building, although this is not specified), asking about an establishment's hours of operation, taking pictures or video footage "with no apparent esthetic value," and taking notes.

That's right the cops can look at that old refinery wall and after a few "Hail, Picassos" and "Monet/ Manet" moments, decide that you are a suspicious character involved in an activity that has no apparent aesthetic value. Talk back and point out the existential meaning of torn posters and flakes of red and blue, and away you go to jail without a "Get Out Free" card.

As Woody Guthrie sang, so long its been good to know you.............

For more on the art police check out : http://www.lbpost.com/life/greggory/12188

Comments

Common Sense

9 months ago

This has become such a sad situation. Photography is NOT a Crime.

Whatever happened to beauty is in the eye of the beholder. Not to mention, many times a photographer has a specific "mission" for taking a certain photo. They may be working on different lighting techniqes; working on a school/work project; taking the photo simply because THEY liked it.

I still fail to understand why law enforcment (LE) fails to understand this. How many of the 9/11 hijackers were seen taking pictures of the Twin Towers before they committed murder?

Now days almost anything out there has a photo on the Internet. No need to go and take it in person, simply download it. Hell, Google Earth will even give you the GPS coordinates.

Photography in and of itself is just that, photography. Now mix it with asking about secure areas, attempting to gain access to not so common areas, etc., would make a SUSPICIOUS situation. This would obviously warrant an investigation!

I have been in LE for twenty years. I also work in the homeland security arena and am VERY familiar with 28CFR, as mentioned in the LAPD article. Personally the SOP provided does not appear to be written well. Again, it needs to be the totatlity of the circumstances. If there is now nexus to crime/terrorism, then the incident CANNOT be documented as such.

In today's age where people's rights appear to be violated more and more often, just read Carlos Miller (big fan) articles here on Pixiq, people need to be educated.

Know your rights! Usually treating the LEO the way you wish to be treated goes a long way. Unfortunately most of these inicdents start with the officer being the turd!

Document, document, document. Trust me the LEO will. If you have a bad situation, document the date, time and location. Add anyone present who witness, or heard the incident. This includes ALL officers present. If they refuse to ID themselves, after the incident call dispatch and request all officers who were present. In Florida public records laws are so broad, if they refuse, then this will be violation of the Sunshine Law. Include all statements made as best as you can recall. Do not include your opinions, beliefs or what you thing should have happened. This will have no bearing in the end. It needs to be factual. This needs to be done immediately after the incident while the information is fresh.

If you feel there has been a violation, report it! I personally would not bother with the shift supervisor or commander. The next working day, go immediately to the Internal Affairs office and report the incident.

Keep in mind, IA is simply going to evaluate if there was a violation of the department's policy. If you feel a crime has occurred, you will need to report that seperate. If there is a ranking agency, State Police, Sheriff's office, etc., which has jurisdiction, I would suggest reporting that crime to them. I personally would not bother with the FBI.

Hire an attorney! Regardless is there was no violation of the department policy, no criminal charges, there could be a violation of your first ammendment rights. The attorney will need to be the person to get you through this phase.

Personally, until everyone, aka-law enforcment, understands that photography in and of itself is not a crime, the only way they will understand is MONEY!!! That's right, the agency needs to be sued! Only then will the statement be made!

Sorry to go on so long, I am just embarrassed the way my profession has taken this approach to photography.

Keep the shutters clickin!

Steve Meltzer

Pixiq Expert

9 months ago

Thank you Mike. I think you put the situation into perspective, as opposed to my attempt at satire and ridicule.

I lived near Venice, Florida when Mohammed Atta and others were training to crash planes. He was known around the area as the guy who sang karaoke at Sharkey's bar, where there were half a dozen LEOs drinking while he sang.

America has survived for nearly 240 years because we believed in each other. We are the United States. Communities are united in the love of their land and their people.

These kind of paranoid laws, badly enforced are a symptom of the fear we now have of each other. Ben Laden succeeded in tearing apart the fabric of America with the 9/11 attack. We lost a cousin in the towers but you have to move on.

Caution, sensible security measures and mostly highly skilled LEOs is what keeps us safe and a community that embraces its members and is aware of who are the really odd and dangerous ones. The shooter in Norway was from the far right, not the Arab world.

Again thank you for your clear thoughts and passionate words. Keep on shooting!!!

Steve