Longtime Rabble-Rouser Files Suit Alleging Violation Of Photography Rights

A man with a long history of filing lawsuits filed a suit against the Boston Police Department this month, accusing them of violating his rights to take pictures.

Max Strahan, who has gone by Richard Max Strahan in previous suits against various government agencies – and has been dubbed “Mad Max” by some media entities – describes an incredulous story between him and an off-duty officer named Kenisha Stewart.

In 2008, Strahan was taking pictures of a crane truck working on a sidewalk near Boston Common when he inadvertently photographed Stewart, according to the suit.

Stewart then ordered him to delete the photo, accusing him of violating the state’s wiretapping laws.

First of all, a still photograph does not record audio, so there is no remote chance it could have violated the wiretapping law.

And second of all, it is only a violation of the state’s wiretapping law if you "secretly" record somebody without their consent.

So even if he was openly videotaping the crane instead of photographing it, it would not be a violation of the state’s wiretapping law.

Nevertheless, Stewart kept demanding he delete the photo and Strahan kept photographing her before running off with Stewart giving chase.

Strahan then dipped into a pizzeria where he ordered a couple of slices, before Stewart caught up to him and began radioing for back-up as she stood outside, peering at him through the pizzeria’s window.

So Strahan gulped down his slices and continued running.

This is how he explains it in his lawsuit:

Strahan panicked, and fled the pizza shop.  As he fled, he heard Stewart asking other police for assistance in intercepting him and holding him until she arrived.  He ran around the corner to the Boston Common AMC cinema complex on Tremont Street, at which point, a BPD employee, defendant James Rowley (“Rowley”) rammed him with his bicycle, and grabbed him firmly by the shoulder, screaming at Strahan that he was under arrest.  He held onto him until Stewart arrived, and then she explained to Rowley what happened, asserting she did not arrest Strahan on her own because she did not have her badge or gun. 

Stewart again ordered Strahan to destroy his pictures or be arrested.  Rowley then yelled at Strahan to do as Stewart said, or else he would hurt him and arrest him in order to back up Stewart.  Strahan remained immobilized while more BPD arrived on the scene (the John Doe defendants).  Strahan screamed to let him go, but Stewart and Rowley told him he was being detained for disorderly conduct.  Other BPD officers threatened to beat Strahan and to arrest him unless he destroyed his photographs of Stewart.  One defendant with whom Strahan had had a previous encounter (identified as “John Doe Motorcycle”), stated to Strahan that if he did not destroy the pictures immediately, he was going to “beat your ass,” while grabbing his gun.

Another BPD officer (identified as “Jon Doe Sergeant”), recognized Strahan and asked him why he was not saving the whales today.

Strahan had long ago dubbed himself the “Prince of Whales” because of his efforts to save whales. He has been arrested more than 130 times in these efforts.

Strahan was also seeking a restraining order against Boston police officers, but the judge denied it on the basis that he hadn’t really been harassed since that 2008 incident, according to Courthouse News.

However, the judge ruled that the suit can proceed.

So what do you think? Has Strahan conjured a whale of a story?

Comments

The off duty cop completely overreacted but I don't believe the entire story. The whole thing seems fishy to me. If these cops were that out of control than they probably would have just taken his camera and deleted the picture themselves. I say this story doesn't hold water.

So did he wimp out and delete the photos? Did he use the photographers' SOP 'delete and recover'? Did they beat his ass? Did they gang-ass-rape him? Inquiring minds want to know. In any case, I think I like this guy.

Familiarity breeds contempt, too much interaction with cops. I commend him for efforts but personally prefer to fly under the radar as much as possible. Making matters worse, all the roid-raged, testosterone pumping cops will love to demonstrate their ape-like abilities if the fellow officer has lady bits.

So, if you're in Boston, and you photograph anyone without their permission, you can be arrested for it? Even people who are in the background of, say, a building photo? Or cops in the St. Patrick's Day parade? Do you need permission from all of them before you can take a photo of the parade?

You see where this is going?

of course you can be arrested for taking photographs without permission! but, that doesn't mean the arrest is legal.

"Longtime Rabble-Rouser Files Suit Alleging Violation Of Photography Rights"

With that headline I was hoping this story would be about Carlos himself. :)

Carlos Miller - Photography is Not a Crime
Pixiq Expert

I'm a rookie compared to this guy. LOL

Could have been interesting if it was me there; my camera doesn't HAVE a delete button, by design - to avoid risk of accidentally deleting wrong footage on set.

Mike

hal

MIKE ROSS:

afraid to say, you may very well have been SOL, they would have beat the shit out of you for just buying a camera like that, they would have taken it as you showing them disrespect!
and i dont think i need to tell you, one thing you dont do is disrespect a COP!
last guy that did that on MIAMIBEACH has his shit all shot up!

Here's one thing that bugs me about this, and many other incidents:
Cop says taking photo is illegal, orders photographer to delete photo. The cop may or may not know that it's often perfectly legal to take a photo, but in either case, the cop should damn well know that ordering someone to tamper with evidence is a felony in many jurisdictions. Either the cop knows photography is legal, and tries to illegally order deletion under the color of authority, or the cop thinks it's illegal and orders deletion, which is tampering with evidence.
Oh wait, they aren't "ordering" anything, they are merely "asking"...

You are correct Nathan, for the police,
demanding==asking
"Do it or I'll beat your ass"==asking politely
Beating you with a baton or 50000 volts == asking very politely
For citizens
Turning away, not responding instantly, asking questions, less than subservient looks == RESISTING ARREST

hal

Drcos:

i would say its much worse then that,

don't kiss my ass=resisting arrest without violence

SHIT, i think we have finally figured out what resisting without violence is! that is some crap they come up with, i wonder who the first butt-wipe COP was that proceeded to arrest for that charge?

oh man, I WISH I could get a restraining order against PIGS! Life would be a little more cheery.

It's apparent that multiple criminal charges are in order for a number of people here that illegally detained the photographer.
Such as kidnapping, assault, felony battery, terroristic threats, brandishing a weapon, and various conspiracies.

The cops should also be held personally liable for any civil damages.

And since nothing is going to happen to them no one has any respect for law enforcement.

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