Maryland Transit Administration Buckles Under ACLU Lawsuit Threat
Despite having detained two photographers on separate occasions for photographing trains this year, the Maryland Transit Administration has acknowledged that photographing trains is not illegal.
The acknowledgment, of course, came after the American Civil Liberties Union threatened to file a lawsuit against the agency.
But as we've learned from my Metrorail experience, just because the top dog says its legal - or even the actual transit agency policy states that it's legal - doesn't necessarily mean the idiots guarding the rails are going to accept that.
So hopefully Baltimore photographers will put these guards to the test this summer.
The two photographers who were detained were Christopher Fussell and Olev Taremae.
Fussell shot the two included videos of his interaction with police. The cops first state that Homeland Security forbids the photographing of trains, which is bullshit.
The cops then claim that Fussell is violating the state's wiretapping law by recording them, which is also bullshit. A judge already determined that police do not have an expectation of privacy in public.
Like in my Metrorail experience, MTA officials do not seem to know the difference between commercial and non-commercial photography.
Wells pointed to a posted policy on the MTA website that states: "A permit is not required for noncommercial, personal-use filming or photography by the general public that does not interfere with transit operations or safety."
However, the day before, an MTA spokesman seemed unaware of the policy and pointed a reporter to language on its website emphasizing a need to seek a permit before taking pictures at or of MTA property.
Commercial photography is generally used for advertising. Non-commercial can describe photojournalism, hobbyists, railfans and tourists taking snapshots.
The ACLU gave the MTA until September to come up with a more concrete policy regarding the photographing of trains.
The ACLU told MTA Transit Police Chief John E. Gavrilis in Tuesday's letter that it would file a lawsuit over his officers' actions in the two incidents if the agency did not make amends to the two men and issue a new policy upholding the rights of photographers. The group gave the MTA until Sept. 1 to make those changes or face legal action.
Wells said his agency would settle its issues with the ACLU without any need for litigation. He said the agency has no policy preventing individuals from taking pictures of MTA equipment or shooting photos or video while on publicly accessible MTA property.
"We're going to work with the ACLU on any of their concerns," he said. "In no way are we battling the ACLU on this. We are in complete agreement with them on this."
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Comments
Why is it that the tail seems to wag the dog at all of these places. Do these transit cops just make it up as they go along? Or do they actually train them to do this stuff?
Perhaps a big, fat lawsuit is just what's needed to get management to overhaul their obvious lack of training. Of course, the big downside to it is that, as a public service, the public will ultimately be the ones shelling out the money for the settlement/award. Perhaps the funds needed for such a settlement/award can be deducted from the paychecks of those who are to blame, but good luck making that happen...
My blood is boiling.
Non-stop lies. One after another.
NEVER TALK TO THOSE (*&^%$&*(*&^%s. EVER.
By the way, Christopher Fussell, you are a god among those traitors and tyrants.
Well done Sir.
Being from Baltimore, I have been approached by MTA Police several times over the last 14 years given the same speech (minus 9-11 before 9-11)and see this is the typical response when the news outlets.
Now, I know the MTA Administrator personally and he stated to me and a group of other busfans (He is one himself) that Photography on and off MTA property is legal and that was back in October!!!
Hopefully, this will spread to other employees so the harassment can stop.
Well then, as his friend perhaps you should have told him that his guards don't apparently know that and that if he wants to save himself a lot of hassle and damage to his budget he ought to make sure they get TRAINED!
ACLU should continue with it's lawsuit. MTA needs to be sent a message. Do not trample on the 1st, 4th, and 5th amendment.
Great job by the photographer! Stand up for your rights and don't let these petty bums push you around. The cops should be fired for official intimidation and harassment. But we all know that will never happen.
Carlos, could you please ban shijin123, he is a fucking douche bag spammer. Could you delete his posts as well; they contribute NOTHING to the discussion here.
"Prior approval" to take pictures.
"State property."
"No one's allowed to take pictures."
"It would behoove you..."
"I don't know you."
"Ever since 911.."
Classic Police State thuggery.
And the old "Wiretapping" crap a la Graber. Don't they read the news?
What are these morons' names? They deserve to be inducted into the "archives."
Let me tell you why I'm not shocked:
I'm from Baltimore. The MTA's trains and buses have signs - sometimes - in the ad space - that tell people to be alert and report (to the authorities) people that are photographing the train or train stations, etc.
Oh, BTW, I see part of their problem here - he's near the armory. I've been told several times by security guards there that I can't photograph the outside of that building because it's a military building... I have to be a "professional photographer". What makes one this? They can never explain it.
You photographers around Baltimore are missing the old Golden Goose.. and you don't even realize it.
Go to the MTA and start taking photo's. When you told it's illegal and you must stop because ________ (fill in the blank) tell the Cop "Go away. Don't bother me."
This will get you arrested for "contempt of Cop".. and the charge will be thrown out. Take lawsuit route and collect mucho deniro $$$$.
The week after you cash your free check, do it again. Continue 3, 4, 5 times and in a couple of months you make it your full time job.. or if you get enough $$$$ each and every time, RETIRE.
At some point in time one of two things will happen. Either the Cops will get the word that "Photography Isn't Against The Law".. or you'll have soo much money now from all you lawsuits that you'll start doing other things to take up your retirement time.
Rail Car Fan
P.S. If I lived close enough I would do it myself, but I'm way at the other end of the country.. darn it!
Unless they kill us and plant a gun.
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