Man harassed at Orlando theme park last year prepares to visit again
I received the following email from a Photography is Not a Crime reader asking for advice on how to handle invasive security guards at an Orlando theme park who have harassed him in the past for taking photos.
Rather than advise him to send the security guards to hell, I figured the best thing to do is allow other readers to respond to his question.
He is a family man, after all.
Last summer, I and my family visited Aquatica in Orlando. While my kids went on rides, I wandered around taking pictures. Pretty soon I was surrounded by security guards. They wanted to know my name and what I was up to. They said I was taking pictures of people without their permission. Someone had complained. I told them you couldn’t shoot in any direction in that park without strangers–a lot of them–being in the frame. I did not raise the lack of a “reasonable expectation of privacy” in a water park: I wanted to avoid trouble. Then they asked to see the pictures in my camera. I was shooting film, so that point was moot; but if I had been shooting digital, I don’t know what I could have done at that point. More on that shortly. The officers were very courteous, I must say, and we parted on a friendly note. They said, “Please just be careful to not disturb people.”
I thought the incident was over, but in a few minutes they came after me again. They wanted to know my address and home telephone number. I suppose they had spoken to a superior officer and got an order to re-interrogate. Rather than escalate the confrontation, I gave them what they wanted. They did not ask for ID to prove the name and address, nor did I offer any. They left me alone after that. Presumably, they verified my name and address and checked to see if I have a criminal record. I don’t.
I dislike, however, that they have my name and address on a list somewhere. How should I have handled this differently? I didn’t want them to claim “probable cause” and seize my film. Why? Because prosecutors could have enlarged unimportant parts of carefully chosen frames to paint me as a pedophile/voyeur. (That would be quite easy when children are bound to be in many shots.) Also, I didn’t want my kids’ vacation spoiled by Daddy’s trip to jail, even if I was exonerated.
I’m going back to Orlando in about ten days, to Disney World. I’m a little scared of Florida now. How should I prepare? What do I need to know, just in case?..
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Comments
Fore warned is fore armed. Call them ASAP and get them to send you a signed copy of their photography policy and carry it with you in the park. It’s private property so you have to adhere to it or leave.
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I would contact the public relations department of the park and express my concerns. If they have a policy against taking photos in their park, they should make that known on prominent signs before you go in. This would be the appropriate time to bring up the “reasonable expectation of privacy” issue. If they don’t offer you a reasonable explanation, I’d find another amusement park to spend your time at!
I’m all for photographers’ rights, but you said the security guards were courteous and I would say that you handled it the correct way. Water parks are privately owned and security guards have to do their job if someone complains. You shouldn’t be worried about being on a list, I’d be almost certain that they were checking your name and address against a database and not adding you to one – if they even did anything with it at all.
I’d definately go for getting their photography policy. If they don’t have one they can send you then you can fall back onto public space and the expectation of privacy argument.
wanna go for a ride on metrorail?
The above posts all give very sound advice.
” I didn’t want them to claim “probable cause” and seize my film. ”
As the title of this blog suggests, Photography is not a crime, and there is absolutely no reasonable expectation of privacy in a theme park (aside from dressing rooms, lockers, or rest rooms), so there is no need to concern yourself if they have probable cause… they don’t. Nobody can seize your camera without a warrant or subpoena. Courteously remind them that you know your 4th amendment rights, and that you do not consent to a search of your camera.
Even if the officers are polite and professional, they are always probing you to give up more information than you might want to. Acknowledge that you respect that the officer is just trying to do his job, however you don’t wish to say anything other than your name without counsel present. They cannot legally ask you anything after you request counsel. In police confrontations though, the best thing to say is always, “Am I being detained, or am I free to go?”
Just remember to remain polite (which I have no doubt you are capable of doing). If you act like a hard ass, they will always be the bigger hard ass.
Just a little FYI, Disney doesn’t permit you to carry tripods, external flash equipment, or anything else that you cannot fit into a backpack sized bag. If you need your tripod, make sure it’s a compact tripod.
I didn’t find anything specific from Disney after a generic Google search but I do have two links.
The first is Thomas Hawk’s Digital Connection and he says that he has not had any issues at Disneland- but the article does go on discuss a person who had some issues at Disney World.
http://thomashawk.com/2010/04/hey-walt-disney-company-photography-is-not...
The other link essentially states that you should details at all the rides/attractions and then sends you to a forum where the discussion is all about photography at Disney Parks.
http://en.allexperts.com/q/Walt-Disney-World-234/Disney-World-Camera-Pol...
http://www.themagicinpixels.com/forum/
As many cameras as there are in Disney Parks I seriously doubt you will get harassed.
I say go, have fun, and take lots o pics.
I didn’t want them to claim “probable cause” and seize my film.
As for seizing your film, or memory card if you switched formats, remember that they’re security guards, not cops (unless they’re off-duty cops.) They can only call the police, if they suspect a crime has been committed. They have no right to seize personal property, not unless there’s some related crime involved, such as robbery or theft.
If the park’s photography policy allows you to take pictures unimpeded, then there should be no suspicion of criminal activity, even if children are in the frame. Everybody’s dressed, right? You’re taking pictures of your own kids, right?
That may not prevent you from being hassled, and they may involve the cops. If you’re willing to push this, have the photo policy handy, and remember your rights. Your property may not be taken without *your* permission, and you don’t have to submit. Put up a fuss, verbally not physically. And you don’t have to give your name or address if you don’t want to. You haven’t committed any crimes, and you hopefully will be abiding by their photo policy.
It’s unfortunate that there are voyeurs, pedophiles and the like, and that taints what it sounds like you’re trying to do: take family photos, of your own family.
I can totally understand that other parents may be concerned. Make use of positive body language – photograph your kids up close. Fill the frame with your kids. It goes without saying that you should probably avoid making other kids the subject of your photos, not unless you want an alarmed parent to get pushy, which they will.
And don’t let the security guards or parents become your photo editor. You don’t have to let them review your photos. They may kick you out, which they probably have the right to do. Demand a full refund in that case, and then write a complaint letter to the company president, etc.
If you’re feeling paranoid, bring along a digital audio recorder or video camera, and set it rolling the moment you sense trouble. Florida, if I recall correctly, is an all-parties state, but I don’t know if that applies in a privately-owned park.
Here’s my advice to you. Bring a dozen body builders, no one is going to fuck with you then.
It doesn’t matter what their photography policy is. If they don’t like what you are doing, they can ask you to stop or leave the park. Private property gives them the right to ask you to do almost anything with the option of you leaving of you don’t agree. While that might violate a portion of the contract you signed with them when you bought your tickets and entered the park, you can only sue for the money you are out. You can’t legally demand access to their park.
I think you handled the situation the way you wanted to. You wanted to stay, so you went along. If you didn’t want to stay and you felt their questions and demands were out of line, you should have left. Simple as that.
I found out Aquatica is a water park in Orlando, part of SeaWorld. That right there is going to cause you trouble. People appearing to take photos of family members will look different than folks walking around, randomly taking shots. People are going to paint you as a perv, unless you can show your photos and they really appear to be innocent.
If you are stopped by park police/security again, all you need to do is ask why you are being stopped/detained. If you broke no law, you are free to walk away. On the flip side, the guards can tell you right then and there you no longer have permission to be in the park.
Going to Disney will likely be different, unless of course you are at the water park. Last year, I went to a Midwest amusement park. Part of the park is roller coaster rides, shows, etc.. Another park is a water park. I noticed that even with the prevalence of cheap digital cameras, there were very, very few people taking photos. I am sure anyone clicking away at a water park would stick out. And if that camera is aimed at a group of teens in bikinis, you can bet someone will call security/police.
Its private property, if you want to spoil your vacation when your family is kicked off the property, because being right, is more important then your kids being happy, then by all means go right ahead, If you want people to suspect your a Pedophile be stupid enough to take pictures at a water park twice. Where there is smoke there is fire, You don’t have to cede your rights to anyone, ITS YOUR DUTY to know what your rights are. They are not going to tell you. They have a right to ask you to do anything. Its free speech. I can ask you to wash my car, I can ask you to pay my mortgage, You are free say NO. IF they Demand it. If they have guns and demand it then that different. The servant is not required to tell the master his rights. The master should know them already.
“I suppose they had spoken to a superior officer and got an order to re-interrogate”
The term Superior Officer seems a bit
too flattering. Superior to what?
How about “Top Goon.”
Don’t go back there. They treated you like shit and now you’re going back there to give them more money?
Send the management a letter (not an email) and tell them that their personnel made you feel threatened and you and your wallet will never ever set foot in their park again.
There are plenty of other amusement parks.
“Don’t go back there. They treated you like shit and now you’re going back there to give them more money? ”
Bingo.
Go camping instead. Though I seem to recall an article about some stupid park ranger hassling a guy photographing his family on camp grounds.
Security guards are not police officers, so they do not have police powers to seize cameras. However, you also do not have 4th Amendment and 5th Amendment protections against them. So they can ask you to leave the park and can in fact remove you from the premises if you don’t comply with their orders.
Many security guards intimidate people by pretending to appear to have police powers. Sometimes, these guards are actually cops working a second job and they “forget” that they are not officers of the law when acting as a guard. The risk with guards who are also cops is that they will arrest you in their “official” capacity even if they’re not on the job as a cop.
If the security guards call the police, then you deal with the police as any other smart person would: you assert your right to remain silent, shut up, and get the hell out of there as soon as possible.
If you don’t want to get hassled, the most practical advice I can give you is: let your wife take the pictures, or take pictures with her standing immediately next to you. People will think that it’s just mom taking shots of her kids instead of Mr. Pervert. I hate the inherent sexism against men in that advice, but it’s still true.
Would talking in a thick unrecognizable accent put them off? Disneywhereever IS why you went there, not the rides. The history, the impact upon the entertainment world, the lifestyle. That is why you are a tourist there. You heard of the rides but those can change. The landmark can’t (much).
Taking it from there would just depend on what happens and how they take that. I highly doubt they would stop a clearly stereotypical snap happy Japanese tourist. You are a tourist. Call them on the double standard. But again, that could jeopardize your vacation again.
Just musing here I suppose. Not the best advice ‘eh?
Since you said the security guards were courteous, you acted correctly by being equally polite, otherwise you could have spoiled your family day. The park is privately owned so the guards were simply doing their job because someone filed a complaint. That’s the unfortunate part. But those guards were not cops so they don’t have the authority to seize your camera, unless you committed a crime or something. They would need a warrant to that. You don’t even have to give your name or address as you are always entitled to a counsel. As for being on their list, you have nothing to worry about. It’s quite likely that they simply checked their database and did not add you to one, assuming you really didn’t violate any rules.
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There are several people here that seem to think you should just bend over and take it from security guards that flaunt their pseudo authority for the sake of your family. The simple answer to this is NO, YOU SHOULDN’T.
Yes, theme parks are private property, and you have to abide by their rules or risk being thrown out, though a rent-a-cop making $9/hour does NOT make those rules. If you have an issue with them, you don’t need to speak to them. Ask to see their supervisor, and speak privately with him/her.
Waterpark or Disney, it doesn’t matter. You can be polite, and still assert your rights without getting thrown out of the park. Don’t let anyone with a security uniform think that they can bully you, have them call their supervisor and file a complaint against them.
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A lot of people here talk about getting the park’s policy. Good luck. After my encounter at Downtown Disney, I wrote to several folks to try and determine what was the photography policy at Disney. I never got one.
A lot of people who commented on my blog tried to infer Disney policy based upon their comments or actions. Those people don’t seem to understand the definition of the word. Policy is written, just as laws are written. If it’s not written, it isn’t policy.
Disney’s response to me was that Security pretty much had a free hand to do as they please to protect the property and other guests because, as I was supposed to know, some photography is dangerous. (their words)
Like you, I tried to appease the security guards to show them I wasn’t taking pictures of people or doing anythin surreptitious. That’s when they changed gears and told me my “architectural” photography could be used by someone who wants to do something “bad.”
You can’t win an argument with these people, so there’s no point in going there. Take your pictures.
I was asked by Disney Security to produce some ID, but I declined. Boy, did that set them off. They wanted to call Deputies because, after all, who but a nasty terrorist would refuse their authority?
You have a right to take photographs and they have no right to look at your images or take your property. You have no obligation to confirm your identity, and what are they going to do with the information once they get it? How are they going to protect your name, address, DL number and other sensitive information so you don’t become a victim of identity theft? The truth is, they don’t care about you, so they won’t protect your information. That was proven at Disney a few months ago when they caught a hotel clerk stealing ID and credit card information.
What power they do have is to ask you to leave and your entry fee (if applicable) won’t be refunded. It’s your call.
I never had any issues at Sea World. In fact, most of Walt Disney World has been exceptionally accommodating and helpful while I’ve taken pictures there. It was at Downtown Disney where I and other photographers have been hassled. They hate tripods, apparently.
Kennedy Space Center is also very accommodating. The first thing the driver announced on the bus was “Feel free to take pictures of anything you see.”
Imagine that. KSC is less afraid of photographers than Downtown Disney.
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Everyone:
Security guards cannot seize a camera, period. They CANNOT GET A WARRANT, because they are not cops. Only the government can get a warrant, because only the government needs a warrant. Everyone else who tries to seize your camera is doing something else called “theft.”
That’s when they changed gears and told me my “architectural” photography could be used by someone who wants to do something “bad.”
So…when did Disney file a C&D on Google Earth?
All Disney property appears in quite exacting detail.
Did you know you can ask google earth to remove images of your property from their website? Does space count as public property? That is where they are taking the photos from anyways.
With private property, it is up to the owner (and their representatives) as to who and how their property can be photographed. You can try smooth talking the guards or going to six flags instead.
My above statement applies to when you are actually on their private property.
geez, everyone has an opinion on this…bottom line is this, you’re on private property….so, you are governed by the rules of use, for the park that is….in addition, while you are on private property, you’re at a park which is construed as public space; hence you would have no reasonable expectation of privacy unless you’re referring to your camera film……as for the search and seizure issues, you do not have to willing give up any personal belonging(private property or not) without a legal warrant or subpoena…..all that said, stick to taking pictures of your family or scenery in the general proximity…….taking pictures of someone else, their children or wife may land you in a quandary least expected
Why ever would you go back to them? There are plenty of better options to go with your kids and family.
just don’t look like a creepy sweat-covered jerkwad who likes to sit at his home in the middle of the night whackin’ off to the pics he took earlier in the day.
It’s so sad that having a child in the background of a photo can result in you being seen as a potential pedophile.
If you are on private property you must obey their rules. I carry my camera everywhere I go and in Las Vegas they sometimes remind me not to take any pictures in the casino. I politely tell them I will take no pictures and in fact will keep the camera shut off and I am only carrying it because I don’t want to leave it in the car. And then I comply with what I said I would do. However you would think that in a theme park with your children you could legally take pictures.
Stop whining all you people!! Their policy is right on the admission ticket. And no, they don’t have to have ten foot signs all over the park stating the policy. It’s in the “contract” you agree to when buying a ticket. NO tripods (larger than what cannot fit in a small backpack)(backpacks are not authorized either, this is just for size comparison)or professional photography equipment. How much clearer can that be. I think a lot of you just don’t like being told NO. Well, my advise is get over it or don’t go back. Period.
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